Death Penalty - Court Duty Bound To Consider Possibility Of Reformation Even If Accused Remains Silent : Supreme Court

The Supreme Court on Friday allowed the review petitions filed by two death-row convicts to convert the death sentence imposed on them to life imprisonment for a term of 30 years.

A bench comprising Justices L Nageswara Rao, BR Gavai and BV Nagarathna noted in the order that the Court is duty bound to elicit all relevant information regarding the possibility of the reformation of the convicts before imposing the harshest punishment of death sentence, even if the accused is remaining silent. Also, the State is under a duty to procure evidence to establish that there is no possibility of reformation and rehabilitation of the accused.

In the instant case, the bench noted that the death sentence was awarded without reference to the possibility of reformation of the convicts.

Factual Background

The Court was hearing the review petitions filed by Mofil Khan and Mobarak Khan who were sentenced to death for the murder of eight persons in 2007. The death sentence was upheld by the Jharkhand High Court. In 2014, the Supreme Court also upheld the death sentence by dismissing their appeals. The Courts took note of the fact that the eight persons, including innocent children and a physically infirm person, were brutally murdered in a pre-planned manner, to conclude that the case belonged to "rarest-of-rarest" categorty deserving capital punishment.

After that, the petitioner filed review petitions before the Supreme Court against the 2014 order which dismissed their appeals.

The Supreme Court then heard the review petitions in the open court based on the judgment in Mohd. Arif v. Registrar, Supreme Court of India.

Though Senior Advocate CU Singh, appearing on behalf of the petitioners, argued that there was no sufficient sentence to convict them in the first place, the Court said that under a review jurisdiction, it cannot re-appreciate evidence.

However, the Court noted that the aspect regarding possibility of reformation was ignored while awarding death sentence.

"One of the mitigating circumstances is the probability of the accused being reformed and rehabilitated. The State is under a duty to procure evidence to establish that there is no possibility of reformation and rehabilitation of the accused", the judgment authored by Justice Nageswara Rao stated, after referring to precedents.

"It is well-settled law that the possibility of reformation and rehabilitation of the convict is an important factor which has to be taken into account as a mitigating circumstance before sentencing him to death. There is a bounden duty cast on the Courts to elicit information of all the relevant factors and consider those regarding the possibility of reformation, even if the accused remains silent", the judgment added.

The Court further said :

"We have examined the socio-economic background of the Petitioners, the absence of any criminal antecedents, affidavits filed by their family and community members with whom they continue to share emotional ties and the certificate issued by the Jail Superintendent on their conduct during their long incarceration of 14 years. Considering all of the above, it cannot be said that there is no possibility of reformation of the Petitioners, foreclosing the alternative option of a lesser sentence and making the imposition of death sentence imperative. Therefore, we convert the sentence imposed on the Petitioners from death to life".

However, keeping in mind the gruesome murder of the entire family of their siblings in a pre-planned manner without provocation due to a property dispute, the Court was of the opinion that the Petitioners deserve a sentence of a period of 30 years.

Case Title : Mofil Khan and another versus The State of Jharkhand

Coram : Justice L Nageswara Rao, Justice BR Gavai and Justice BV Nagarathna

Citation : LL 2021 SC 681

Appearances : Senior Advocate CU Singh for petitioners; Advocate Prerna Singh for the State.

Click here to read/download the judgment