The Supreme Court on Thursday agreed to examine whether a writ petition could seek a review of its confirmation of a death sentence, particularly in light of its 2022 judgment emphasizing the consideration of mitigating circumstances in such cases.  

A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta was hearing a writ petition filed by death row convict Vasanta Sampat Dupare, whose death sentence was upheld by the apex court in 2014.  

Dupare's review petition challenging the November 26, 2014, verdict was dismissed on May 3, 2017. Subsequently, he filed mercy petitions before the Governor and the President, both of which were rejected in 2022 and 2023, respectively.  

In 2017, while rejecting Dupare’s review plea, the Supreme Court described his crime—raping and stoning a four-year-old girl to death—as an instance of "extreme depravity."

Senior advocate Gopal Sankaranarayanan, representing Dupare, argued that the Supreme Court must determine whether its 2022 ruling—mandating the consideration of mitigating circumstances by trial courts in death penalty cases—would be applicable in this matter.  

However, Maharashtra’s Advocate General contended that the convict could not file a writ petition under Article 32 of the Constitution to challenge a Supreme Court order that had attained finality. Instead, he asserted, Dupare should have filed a review petition.  

Justice Vikram Nath concurred with the Advocate General’s argument and questioned whether the Supreme Court, while exercising its jurisdiction under Article 32, could revisit a verdict delivered by a three-judge bench upholding both the conviction and the sentence.

"Would it not be appropriate if you come up with an application in that proceedings itself that can be considered? It is a dangerous proposition that after any judgment or a matter which is closed can be opened up under Article 32," the judge said.

Sankaranarayanan cited two 2014 Supreme Court rulings in death penalty cases, emphasizing that both judgments were delivered on writ petitions.

Justice Karol asked Sankaranarayanan, "In view of the submissions of the advocate general, are our hands not tied under Article 32?"

The bench suggested Sankaranarayanan to file a review petition for an examination by the apex court.

The senior lawyer then sought time to persuade the court, which postponed the hearing to April 3.

Dupare, hailing from Nagpur, killed the child in April 2008.

He had lured her with chocolates and after raping her, crushed her head with stones to avoid identification of the body.