Justice Kurian Joseph, one of the senior-most judges of the Supreme Court, on Wednesday said the courts had been imposing the death penalty “arbitrarily and freakishly”. Justice Kurian, in his judgment while heading a three-judge Bench hearing the appeal of a man sentenced to death, said the test of “rarest of rare” had been “inconsistently applied” by courts. The other two judges, Justices Deepak Gupta and Hemant Gupta, disagreed that death penalty was “freakishly” imposed.

Which of the following judges believes that the courts have failed to uphold the principle of justice by imposing the death penalty arbitrarily and freakishly?

Question

Justice Kurian Joseph, one of the senior-most judges of the Supreme Court, on Wednesday said the courts had been imposing the death penalty “arbitrarily and freakishly”. Justice Kurian, in his judgment while heading a three-judge Bench hearing the appeal of a man sentenced to death, said the test of “rarest of rare” had been “inconsistently applied” by courts. The other two judges, Justices Deepak Gupta and Hemant Gupta, disagreed that death penalty was “freakishly” imposed.

Which of the following judges believes that the courts have failed to uphold the principle of justice by imposing the death penalty arbitrarily and freakishly?

Accepted Answer

**Solution:**

1. Justice Kurian Joseph stated that courts have been imposing the death penalty in an "arbitrary and freakish" manner.

2. Imposing penalty arbitrarily implies a failure to maintain the principle of justice.

3. Among the three judges mentioned—Justice Kurian Joseph, Justice Deepak Gupta, and Justice Hemant Gupta—only Justice Kurian Joseph expressed this view.

4. The other two judges disagreed with the characterization of the death penalty being imposed "freakishly".

Therefore, only Justice Kurian Joseph believes that the courts have failed to uphold justice in this context.

**Answer:** (e) Justice Kurian Joseph

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