Akhya Pandey
On 25th August 2025, the Supreme Court ruled that a death penalty, once confirmed by it, can still be reopened through an Article 32 petition if important safeguards were ignored while deciding the sentence.
The decision came in the case of Vasanta Sampat Dupare, convicted for the rape and murder of a four-year-old child in Nagpur. A bench of Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta said that even the harshest punishment must follow a fair process. If the Court finds that the convict’s right to a proper sentencing hearing was denied, then Article 32 gives him the right to return to the Supreme Court.
The judges recalled their earlier order of May 2017 which had upheld Dupare’s death sentence and set it aside. The matter will now go back to the Chief Justice of India for fresh listing before another bench, but only for the limited issue of punishment. The conviction itself remains untouched.
In 2022, the Court in Manoj v. State of Madhya Pradesh had made it mandatory for trial courts to collect reports on a convict’s mental health, family background and social circumstances before awarding the death penalty. The present bench noted that these directions were not fully complied with in Dupare’s case.
At the same time, the Court clarified that this extraordinary remedy cannot be used in every death penalty matter. It applies only where there is a clear breach of procedure that affects fundamental rights under Articles 14 and 21 of the Constitution.
Lawyers following the case say the ruling is important because it creates one more safeguard for those on death row. While the crime may fall in the “rarest of rare” category, the process leading to a death sentence cannot have gaps. The judgment underlines that a punishment of finality demands a procedure that is equally final and flawless.
Bench:
Justice Vikram Nath
Justice Sanjay Karol
Justice Sandeep Mehta.
Case name: Vasanta Sampat Dupare vs Union of India & Anr.
Case No.: Writ Petition (Criminal) No.: 371 of 2023
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