The bench further directed that in every reference of confirmation of death sentence before the High Courts and the Supreme Court, the respective Legal Services Committee should appoint a dedicated legal team consisting of a senior advocate and at least two advocates with at least seven years of experience to represent the convict.
Such legal representation shall be provided even if the convict has engaged a private lawyer, to ensure full and effective assistance to the court in matters relating to the death penalty.
“The National Legal Services Authority shall draw up and circulate appropriate guidelines identifying relevant areas of inquiry for the collection of mitigating circumstances and may engage trained teams, including legal and social science professionals, to undertake field work involving interaction with the convict, his family and relevant authorities, with the aim of gathering detailed information relating to background, antecedent conditions, such mental status information. available to the designated legal team, which, in turn, will present to the Court a complete and well-documented description of the convict’s potential for reform, along with all relevant mitigating and aggravating circumstances,” the court said.
The Supreme Court also directed the state to record the evidence reports, while the jail authorities were asked to submit detailed reports on the behavior, work and conduct of the appellants in custody.
It also ordered psychological evaluation of the appellants through a government medical institution.
The court further allowed mitigation experts associated with NALSAR Law University to conduct personal interviews with the appellants for the preparation of a Mitigation Investigation Report, ensuring confidentiality and access to relevant medical and socio-economic data.
