The Supreme Court (SC) has said that the high courts, whilst examining the appeals filed in relation to death penalty cases, must look beyond the arguments enclosed within the appeal and must look into the case itself before declaring a verdict.
Referring to a current case within a high court, a three-member bench of the SC, led by Justice Manzoor Ahmad Malik, while hearing the appeal, issued a verdict wherein it read, “Normally, high courts hear and decide the appeal filed by the convicted person and the reference sent by the trial court for confirmation of the death sentence, together”.
“It has been noticed that while doing so the learned judges of the high courts sometimes, as it appears to have done in the present case, remain content with examining and deciding only the arguments and contentions advanced in the appeal,” the 31-page verdict continued.
The apex court noted that the high courts often do not examine all evidence available, stating that not only is it incumbent upon them to do so, but added that along with appraising each and every piece of evidence, the courts may even direct further inquiry or take additional evidence into consideration.
Justice Shah observed high courts had been given very wide powers to prevent any possible miscarriage of justice.
