The Supreme Court on Thursday raised concerns over what it described as increasing leniency in cases where death sentences are commuted to life imprisonment. A two-judge Bench comprising Justices Dipankar Datta and Sheel Nagu made the observations while hearing a plea seeking premature release of a life convict whose death sentence had earlier been commuted to life imprisonment in a murder case.

Justice Datta observed that the “rarest of rare” doctrine was earlier applied more strictly in murder cases, while the approach to commuting death sentences had changed over time. The Bench questioned whether repeated commutation of capital sentences could weaken the deterrent effect of severe punishment. The observations were made orally during the hearing and were not part of a final judgment.

The court was considering the plea of a convict who sought premature release after his death sentence was reduced to life imprisonment. The petitioner relied on factors including the period already spent in prison and his conduct while incarcerated. The Bench, however, expressed reservations about seeking further relief after a death sentence had already been commuted as an act of judicial leniency.

Also Read: Punjab Wards Face Fresh Elections As Supreme Court Cites Obstruction During Nomination Filing

Justice Datta also referred to previous cases in which the Supreme Court had commuted death sentences on grounds such as delay, the possibility of reformation, young age and other mitigating circumstances. He questioned whether such commutations were increasingly being treated as a basis for seeking additional concessions, including premature release. The Bench indicated that the issue required closer consideration.

During the hearing, the Supreme Court sought details of the actual period of incarceration completed by the petitioner along with a detailed report on his conduct in prison. The Bench is expected to examine whether further remission should be granted in a case where the original death sentence has already been commuted to life imprisonment. It also raised the broader question of whether repeated leniency could affect public confidence in sentencing.

The court has posted the matter for further hearing after the concerned state submits its affidavit. The remarks made by Justice Datta and the Bench were oral observations during the proceedings and do not by themselves establish a new legal rule on the commutation of death sentences or premature release.

Also Read: Centre Moves Supreme Court Against Jharkhand DGP Appointment, Cites Violation Of Selection Rules