ROW OVER DEATH

The apex court recently clarified that the psychological evaluation of condemned prisoners by expert doctors and access to them by mitigating investigators are essential before the hearing begins on their appeals against the death sentence

TWO appeals filed by two convicts who were challenging their death sentences have raised some interesting issues. A three-judge bench of Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M Trivedi clarified that the psychological evaluation of condemned prisoners by expert doctors, and access to them by mitigating investigators, are essential before the hearing begins on their appeals against the death sentence. The appeals were admitted and the execution of death sentence of the petitioner was stayed. The bench added: 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.”

Since the accused had been awarded death sentence, in view of the Court, facets of the matter touching upon the character and behaviour of the accused would be essential in order to have complete assessment in the matter. In order to achieve this, the top court directed: