The Supreme
Court on Monday referred to a five-judge Constitution bench a suo motu plea on
framing of guidelines on how and when potential mitigating circumstances be
considered by courts during trial in cases which entail the death penalty as
the maximum punishment.
A bench headed by
Chief Justice Uday Umesh Lalit said it was of the opinion that this matter
required a hearing by a larger bench to have clarity and uniform approach as to
when an accused, facing death penalty as maximum sentence, is
required to be heard with regard to mitigating circumstances.
Let matter be placed
before the CJI for orders in this regard, Justice S Ravindra Bhat said while
pronouncing the verdict.
A death sentence is irreversible and every opportunity should be
given to the accused for consideration of mitigating circumstances so that the
court concludes that capital punishment is not warranted, the bench had
observed while reserving its verdict on August 17.
The top court had
taken note of the issue, saying there was an urgent need to ensure that
mitigating circumstances for conviction of offences that carry the possibility
of a death sentence are considered at the trial stage.
The case was titled as
Framing Guidelines Regarding Potential Mitigating Circumstances to be
Considered While Imposing Death Sentences.