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The Supreme Court on Friday has taken suo motu cognizance on the 'controversy' over the death sentences being awarded and appointing Mitigation Experts. The bench has noted that to deal with the issue of death sentences, an institutionalised approach is necessary.

A bench of Justice UU Lalit, Justice S Ravindra Bhat and Justice PS Narasimha will hear the matter pertaining to the appointment of “mitigation experts” in death sentence matters.

The bench has asked the Attorney General for India KK Venugopal to assist the Court over the issue.

The plea has been filed by a death sentence convict challenging the order of the Madhya Pradesh High Court order confirming his Capital punishment.

During course of hearing today, Venugopal referred to a book from the USA on how to deal with the issue for Police, Courts, Advocates, etc. It has been informed that it is institutionalised in the USA. The Court has further noted that it is accepted by all the Counsels that the matter requires consideration at an early date.

The Court has further directed Venugopal to share relevant material pertaining to other jurisdictions so that assistance can be rendered to the court while deciding instant 'controversy'.

Amicus Curiae K Parmeshwar appearing in the matter submitted that there is a policy in Madhya Pradesh wherein Public Prosecutors are given increment on the basis of death sentences awarded in matters prosecuted by them. In this light, the Court directed that the policy be placed on Record.

The bench said that, "These people are at a stage where the litigation assistance is minimum."

The bench has also issued notice to NALSA (The National Legal Service Authority) stating that the apparatus that can re-check everything at every level is with NALSA.

The bench further indicated that the bench is thinking of having Public Defender Advocate's office in NALSA. This will also institutionalise the process.

"We give liberty to all the counsels to place on record, such material as in their understanding would be needful for the Court," the Court added. 

The bench has listed the matter for hearing on May 9, 2022. The bench has further directed the Registry to change the title of the case.

Cause Title: Irfan@ Bhayu Mevati Vs. The State of Madhya Pradesh