Can Death-Row Convict Engage Private Mitigation Investigator Alongside State's SC-Mandated Sentencing Exercise? Bombay High Court Seeks Reply
The Bombay High Court has sought the State Government's response on whether permitting the appointment of a private mitigating investigator, alongside the exercise directed to be undertaken by the State under the Supreme Court's decisions in Manoj v. State of Madhya Pradesh and Aman Singh v. State of Bihar, would result in duplication of the exercise. The Court observed that there should be no conflict in the exercise of collecting information relating to the convict's background, antecedents, mental health status, socio-economic conditions and other circumstances.
A Division Bench of Justice Bharati Dangre and Justice Manjusha Deshpande was hearing an interim application filed by a death-row convict seeking permission for a mitigating investigator to interview him in Yerwada Central Prison and collect information relevant to sentencing. The applicant relied upon the Supreme Court's order in Irfan @ Bhayu Mevati v. State of Madhya Pradesh, where permission had been granted to a mitigating investigator to interview the accused and access medical, jail conduct, and other records.
Reliance was also placed on Manoj v. State of Madhya Pradesh, where it was held that the Trial Court must elicit information from the accused and the State, both. Further reliance was placed on Aman Singh & Anr. vs. State of Bihar [2026 SCC OnLine SC 720], wherein it was held that there was a need to ensure meaningful legal representation in cases involving a potential death sentence
The Court noted that Aman Singh had directed the National Legal Services Authority to frame and circulate appropriate guidelines identifying the relevant fields of inquiry for gathering mitigating circumstances.
“The direction is also very specific as it may permit engagement of trained teams including legal and social professionals, to undertake field work involving interaction with the culprits, their family and relevant authority for the purpose of collecting detailed information regarding background, antecedents, social, economic conditions, mental health status and other relevant factors,” the Court noted.
The Court observed that the abovementioned information is to be made available to the appointed legal team, which shall place it before the Court so that it can adopt a holistic and well-documented account of the convict's potential for reformation along with all mitigating and aggravating circumstances so that an informed determination of sentence can be done.
The Court therefore directed the Registry to ascertain whether such guidelines had been formulated and circulated to the State Legal Services Authority.
Since the exercise contemplated under Aman Singh already required collection of material, the Bench expressed the concern that if a private mitigating investigator was also appointed, the same exercise might be undertaken again. It therefore sought a response from the State Government on whether such duplication should be encouraged.
The matter was directed to be listed on 13 August 2026 for further directions.
Case Title: State of Maharashtra v. Yogesh Ashok Raut & Ors. [Confirmation Case No. 2 of 2017]