BABASAHEB MARUTI KAMBLE versus STATE OF MAHARASHTRA

BABASAHEB MARUTI KAMBLE versus STATE OF MAHARASHTRA

In cases where death sentence is awarded by courts below, special leave petition should not be dismissed in limine without recording reasons, at least in respect of the death sentence. Supreme Court must undertake independent examination and provide a reasoned order.

Parties
Petitioner: Babasaheb Maruti Kamble; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
01 November 2018
Procedural Posture
Review Petition (criminal) No. 388 of 2015 in Special Leave Petition (criminal) No. 458 of 2015 / Review of Order Dismissing SLP
Outcome
Review Petition allowed; Order dismissing SLP recalled.
Legal Topics
Sentencing, Death Penalty, Review Jurisdiction, Special Leave Petition, Procedure in Criminal Appeals
Criminal Law Constitutional Law Sentencing Death Penalty Review Jurisdiction Special Leave Petition Procedure in Criminal Appeals

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Parties

Babasaheb Maruti Kamble

Petitioner

State of Maharashtra

Respondent

Procedural Posture

Review Petition (criminal) No. 388 of 2015 in Special Leave Petition (criminal) No. 458 of 2015 / Review of Order Dismissing SLP

Legal Issues

  1. 1 Whether Special Leave Petition challenging death sentence can be dismissed in limine without reasons
  2. 2 Requirement of independent judicial examination by Supreme Court in cases of death sentence
  3. 3 Nature and scope of hearing in sentencing in death penalty cases

Ratio Decidendi

In cases where death sentence is awarded by courts below, special leave petition should not be dismissed in limine without recording reasons, at least in respect of the death sentence. Supreme Court must undertake independent examination and provide a reasoned order.

Court Disposition

Review Petition allowed; Order dismissing SLP recalled.

Orders

  • SLP (Criminal) No. 458 of 2015 restored to its original number.