New Delhi: The Supreme Court on Monday ruled that Article 32 of the Constitution allows courts to reopen sentencing in death penalty cases if procedural safeguards were violated. The bench agreed to reconsider the plea of Vasant Sampat Dupare, a Nagpur resident convicted of raping and murdering a four-year-old in April 2008. Dupare had lured the child with chocolates and crushed her head with stones to prevent identification.
A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta allowed Dupare’s plea under Article 32, noting breaches in procedural safeguards. The court referred to its 2022 judgment in Manoj vs. Madhya Pradesh, which mandated trial courts to collect psychiatric and psychological evaluations of the accused before imposing the death penalty.
The bench stated, “Article 32 empowers this Court to reopen sentencing in capital punishment cases where guidelines set out in the Manoj judgment were not followed.” It emphasized that this corrective power ensures rigorous application of safeguards, protecting the condemned individual’s rights to equality, individualized sentencing, and fair procedure under Articles 14 and 21.
However, the Court cautioned that Article 32 should not become a routine method to reopen concluded cases. Reconsideration will be limited to instances of clear, specific breaches of procedural safeguards that, if uncorrected, could compromise the accused’s fundamental rights, including dignity and fair process.
While maintaining Dupare’s conviction, the Court set aside the 2017 sentencing decision and referred the matter to Chief Justice of India B.R. Gavai for fresh hearing. Dupare’s death sentence was initially confirmed in 2014, and his review petition against the November 26, 2014 verdict was dismissed on May 3, 2017. Subsequent mercy petitions filed with the Maharashtra governor and the president were rejected in 2022 and 2023.
