Supreme Court Emphasizes Importance Of Conducting Psychological Evaluation Of Convicts Awarded Death Sentences

"However, we are of the view that the assessment as regards conduct of the accused, if made before the final submissions are advanced, will go a long way in rendering assistance……In series of death sentence cases, this Court has been passing certain directions so that psychological evaluation of the concerned convict can be ascertained", a Bench of Chief Justice UU Lalit, Ravindra Bhat and Bela M Trivedi observed.

The Bench was considering two appeals filed by two convicts who were challenging orders of the challenging their death sentence. The appeals were admitted in 2020 and the execution of death sentence of the petitioner was stayed.

Delving into the present matter, the Bench opined that since the appellant(s) have been awarded death sentence, the facets of the matter "touching upon the character and behaviour of the appellant(s) would be essential in order to have complete assessment".

The Court also noted that IAs were moved on behalf of the appellant(s) seeking permission for a mitigation investigator to be allowed access to them.

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Keeping the IAs in mind, the Bench passed the following directions:

• The respondent–State to place all Report(s) of all the Probation Officer(s) relating to the accused before the next date of hearing.
• Report of the Jail Administration relating to the nature of the work done by the appellant(s) while in jail to be placed before this Court before the next date of hearing.
• The interest of justice also demands that we obtain a psychological evaluation of the appellant(s). The Director/Head, Dr. Vasantrao Pawar Medical College Hospital & Research Centre, Nashik, Maharashtra is directed to constitute a suitable team for psychological evaluation of the accused/appellant(s) in these cases and send a report before the next date of hearing.
• The Jail Authorities, Central Jail, Nashik, where the appellant(s) are presently lodged, to render complete co-operation in facilitating access to and due evaluation of the appellant(s) in all respects.
• Ms. Katherine Deborah Joy and Ms. Baljeet Kaur, who are associated with Project 39-A of the National Law University, Delhi, are allowed to have access to the appellant(s) Prakash Vishwanath Darandale and Ramesh Vishwanath Darandale respectively, who are presently lodged in Central Jail, Nashik, to submit an appropriate Report to this Court.

The matter will be heard for final disposal in the second week of February, 2023.

Project 39A of the National Law University Delhi gave legal assistance for the convict.  Shivani Misra appeared on behalf of Project 39A and Siddharth Dharmadhikari appeared for the State.

Case Title: Prakash Vishwanath Darandale Versus The State Of Maharashtra | Criminal Appeal No(s). 425-426/2020

Citation : 2022 LiveLaw (SC) 876

Death Penalty - Asessment as regards conduct of the accused, if made before the final submissions are advanced, will go a long way in rendering assistance- Court passed directions so that psychological evaluation of the concerned convict can be ascertained

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