Review of Death Penalty XIV: Double View

There is an illustrious list of dissenting opinions that are still written on by academicians. They could be noted down for future perusal. However, all in all it’s just another brick in the wall. Learned Senior Counsel, Siddharth Luthra in Manoharan v. State, Inspector of Police, Coimbatore, [Review Petition (Criminal) Nos. 446-447 of 2019] submitted that Death Penalty ‘ought not to be awarded in case of a single dissent’. Supreme Court concluded, the submission is ‘unsupported’.

Even sans the aforesaid decisions, we are not inclined to accept such a reasoning for it is contrary to the established jurisprudence of precedents and interpretation of verdicts with multiple opinions. It is settled in law that dissenting opinions have little precedential value and that there is no difference in operation between decisions rendered unanimously or those tendered by majority, albeit with minority dissenting views.”

Hon’ble Justice R.F. Nariman & Hon’ble Justice Surya Kant, Manoharan v. State, Inspector of Police, Coimbatore, [Review Petition (Criminal) Nos. 446-447 of 2019].Majority-Minority.png