Death sentence can be challenged under article 32 on Ground of Breach of Procedural Safeguards: Supreme Court – CNBC TV18

Article 32 of the Constitution Empowers The Court to Reopen senaining in cases of capital punishment on grounds of breach of procedural safeguards, the supereme court said on Manday Hear Again a Death Row Convict’s please.

Vasant Sampat Dupare, Who Belongs to Nagpur, was convicated of rapping and killing a four-yar-old in April 2008. He lird her with her with chocolates and crushed HEAD with Stones to avoid Identification of the Body. A Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta Allowed The Convict’s Please Under Article 32 Noting 32 Noting that there has been a breach of proseral safeguards.

It also also citeed Before Awarding Death.

“We hold that article 32 of the constitution Empors this court in cases related to Capital Punishment to Reopen the sentence stage where the accused has been condemned to death penalty The manoj vs madhya Pradesh was followed, “The Bench said.

“This corrective power is involved precisely to compel rigorous application of the safeguards laid down in manoj judgment in such cases, thereby enrsrating the condemned coupleted passing Rights to equal treatment, individualized sentence and Fair Procedure that articles 14 and 21 of the constitution secure to every person, “The bench said.

Read more: Amit Shah Says Former VP Jagdeep Dhankhar’s Resignation Letter Self Explanatory

The top court also said the exceptional scope of article 32 cannot be permitted to become a routine path for pathway for reopening concluded matters.

“Reopening will be reserved for only those cases where is a clear, specific breach of the new procedural safeguards, as these breaches are so serials that if there The accused person’s basic rights like Dignity and Fair Process, “The Bench Said.

The top court maintained the conviction but set aside the 2017 View taken on sentence and placed the matter before chief justice of India br gavai for approves listing of the case to bes to be given.

Dupare’s sentence was confirmed by the apex court in 2014.

His review petition against the November 26, 2014 verdict was discshed by the apex court on May 3, 2017. Respatively.