The Supreme Court on Friday initiated a suo motu case to consider the larger issue of considering the process to be followed by the courts in the country while deciding the award of the death sentence.
A bench of Justices UU Lalit, S Ravindra Bhat and PS Narasimha indicated that it may lay down guidelines, which can be followed by courts in the country while dealing with matters involving the award of the death penalty.
The top court has sought Attorney General for India KK Venugopal's assistance in the issue. It also sought a response from the National Legal Services Authority (NALSA).
The court has listed the matter for May 10.
The Court order came while hearing a matter challenging the death penalty. The petitioner Irfan alias Bhayu Mevati has challenged the death penalty awarded by a local court in Madhya Pradesh and confirmed by the Madhya Pradesh High Court. The convict was facing an allegation of raping a minor girl.
The convict's counsel Advocate Irshad Hanif has recently filed a note in the court in support of the application seeking access for a Mitigation Investigator to visit the Applicant in prison for collecting information related to sentencing. Advocate Hanif said he has filed an application due to the restriction in the Madhya Pradesh Prison.
Manual, which limits interviews with prisoners sentenced to death, is only for 'Legal Advisors'. Currently, this term is interpreted to exclude non-lawyers such as Mitigation Investigators working as part of the defence team. While the counsels for the Applicant had requested the superintendent, Central Jail, Ujjain for access to a Mitigation
( With inputs from ANI )
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