SC to institutionalize the process of collection of data and information to decide death penalty cases

BENCH: Justices UU Lalit, S Ravindra Bhat and PS Narasimha

The Supreme Court initiated a suo motu case to examine and institutionalize the process of collection of data and information to decide the award of death penalty cases.

The bench indicated that it would lay down guidelines to be followed by courts while considering death penalty cases. The bench sought the aid of the Attorney General for India (AG) KK Venugopal and also issued notice to the National Legal Services Authority (NALSA).

The bench was hearing an appeal by one Irfan Bhayu Mevati challenging the death penalty imposed by the trial court and confirmed by the Madhya Pradesh High Court. 

During the earlier hearing of that case, the Court registered a case to examine how courts can procure a comprehensive analysis of the accused and especially the mitigating circumstances so that the concerned court can decide whether a death sentence is required or not.

The SC made this move after an application was filed by the anti-death penalty body, Project 39A of National Law University, Delhi seeking permission for a mitigation investigator to visit the appellant in prison and interview him to collect information for making arguments on his sentencing.