(1.) The majesty of our Constitution lies not in the might of the State but in its restraint. When the Court contemplates the ultimate punishment, i.e. the Capital Punishment, it enters a domain where justice must be tempered by conscience and guided by the unwavering promises of equality, dignity and fair procedure. A Constitution that proclaims liberty and dignity as its first commitments cannot permit the State to end a human life unless every safeguard of fairness has been honoured and every civilising impulse of the law has been heard. The question is never only what penalty a crime might merit, it is first whether the machinery of the Republic has honoured every safeguard that makes punishment lawful in a constitutional democracy. In the narrow space between guilt and the gallows, a robust Constitution demands that we pause, look again, and ask whether the process itself has measured up to the high bar that humanity and the rule of law together set.
(2.) The present writ petition filed under Article 32 of the Constitution of India, assails the continuing validity of the sentence of death affirmed against the Petitioner, and seeks its reconsideration in the light of subsequent legislative and judicial developments, particularly with reference to the guidelines laid down in the case of Manoj and others v. State of Madhya Pradesh, (2023) 2 SCC 353.
(3.) The facts giving rise to this writ petition are as follows: