The Supreme Court has deleted a direction issued on April 27 requiring trial courts to call for reports on aggravating and mitigating circumstances in every case involving an offence punishable with death, accepting the National Legal Services Authority's (NALSA) submission that the requirement would create difficulties.

A bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice Aparesh Kumar Singh passed the order on October 7 while allowing NALSA's application seeking clarification of the April 27 directions.

The April 27 order was passed after the Court expressed concern that reports on aggravating and mitigating circumstances were often not obtained at the trial stage or during the High Court's consideration of a death reference. Consequently, crucial information relevant to sentencing was being collected for the first time when the cases reached the Supreme Court, resulting in avoidable delays and undermining a balanced sentencing process.

The Court had directed that such reports be called for at the trial stage after conviction and before determination of sentence. If the reports had not been called for or placed on record before the trial court, the High Court was required to obtain them at the stage of admission of the death reference.

NALSA subsequently approached the Supreme Court seeking clarification, arguing that the requirement to obtain reports in every case involving an offence punishable with death could create procedural difficulties.

Advocate Rashmi Nandakumar, appearing for NALSA, submitted that there could be several cases in which the trial court did not even contemplate imposing a death sentence. Nevertheless, the April 27 directions would require the court to undertake the exercise of calling for reports on aggravating and mitigating circumstances. NALSA also pointed out that trial courts might lack the resources and facilities necessary to undertake such an extensive exercise.

Accepting the submission, the court held, “We are in agreement with the submission of Ms. Nandakumar. Directions contained in Para No. 13(A) of the order dated 27th April, 2026 which mandate the trial Courts to call for the report of aggravating and mitigating circumstances, deserves to be and is hereby deleted.”

The Court directed that a corrigendum be issued and the corrected copy of the April 27 order be circulated to all concerned after deleting paragraph 13(A).

The other directions issued on April 27 remain unchanged -

• High Courts must call for reports on aggravating and mitigating circumstances at the admission stage of a death reference if these have not been obtained or placed on record before the trial court.
• The reports must be comprehensive, verified and furnished within a stipulated timeframe, with parties given an opportunity to examine them and make submissions
• Legal Services Committees must appoint dedicated teams comprising one Senior Counsel and at least two advocates with a minimum of seven years' practice in death sentence confirmation proceedings, irrespective of whether the convict has private counsel
• Each High Court must maintain a dedicated panel of advocates for death reference matters; and NALSA must frame guidelines for mitigation investigations covering factors such as the convict's background, socio-economic conditions and mental health, enabling a comprehensive assessment of the possibility of reformation and rehabilitation.