The Supreme Court decided to refer the matter to a larger constitution bench to formulate guidelines for courts to consider mitigating factors in death penalty cases.
New Delhi: The Supreme Court has decided to place a matter before a larger constitution bench to formulate guidelines for courts to consider mitigating factors in death penalty cases. A bench headed by Chief Justice Uday Umesh Lalit gave the verdict.
The Supreme Court emphasized the need to lay down uniform guidelines for leniency in favor of offenders. The court said this while taking suo motu notice of the death penalty verdict to convict Irfan after it was affirmed by the lower court and then by the Madhya Pradesh High Court.
The apex court reserved its verdict on August 17, saying that the death penalty is irreversible and the accused should be given every opportunity to mitigate the situation. Taking notice of the matter, the Supreme Court said there is an urgent need to ensure that mitigating circumstances are considered for offenses that carry the possibility of capital punishment.
The matter was heard by the Supreme Court as part of formulating ‘guidelines regarding possible mitigating circumstances’ to be considered. A case of suo motu notice has been filed to investigate and institutionalize the process involved in gathering facts and information for deciding the death penalty.