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Supreme Court of India 2018-11-01 allowed

Babasaheb Maruti Kamble vs State of Maharashtra

Bench: 3 — A.K. Sikri

In Brief

A death-row inmate's review petition challenged the dismissal of his Special Leave Petition without reasons. The Supreme Court held that Special Leave Petitions in death sentence cases should not be dismissed in limine without recorded reasoning, at least regarding the sentence aspect. Even when conviction is supported by impeccable evidence requiring no interference, any affirmation of death penalty must be supported by a reasoned order considering mitigating and aggravating factors. The Court emphasized that independent examination of death sentences, following established practice, is mandatory. The review petition was allowed and the SLP was restored for proper consideration.

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Criminal Procedure Death Penalty Sentencing Special Leave Petition Review Natural Justice Due Process Constitutional Law

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