Supreme Court Order in Aman Singh Prompts Meghalaya High Court to Form Death Sentence Panel
Acting on a Supreme Court direction of 27 April 2026, the High Court Legal Services Committee of Meghalaya constituted a dedicated three-member panel to assist in death sentence reference matters before the High Court.
The Supreme Court of India, in Criminal Appeal No(s). 2351–2352 of 2026 arising out of SLP (Criminal) No(s). 8408–09 of 2026 in the matter of Aman Singh and Anr. v. State of Bihar, passed an order on 27 April 2026 directing the High Court Legal Services Committee of the High Court of Meghalaya to constitute a panel of advocates for handling death sentence reference matters. In compliance, the Committee issued a notification on 22 May 2026 naming three advocates to the panel and setting out their responsibilities in detail. The panel is designed to ensure that persons facing the death penalty receive full and effective legal assistance before the High Court, regardless of whether they have already engaged private counsel.
How the Direction Arose
The proceedings before the Supreme Court were styled Aman Singh and Anr. v. State of Bihar and reached the Court by way of special leave petitions bearing Diary No(s). 24574/2026. The Court converted the special leave petitions into Criminal Appeal No(s). 2351–2352 of 2026. The order of 27 April 2026 directed the High Court Legal Services Committee of the Meghalaya High Court to put in place a structured panel specifically for death sentence references coming before that Court.
The digest does not record the full text of the Supreme Court order or the bench composition. What is clear from the compliance notification is that the direction was addressed to the High Court Legal Services Committee and required the constitution of a named panel, not merely the appointment of a single amicus.
The Panel Constituted by the Committee
On 22 May 2026, the Secretary of the High Court Legal Services Committee issued Notification No. HCLSC.HCM/2/2021/Estt/91 constituting the panel. The three members named are:
- Shri Kaustav Paul, Senior Advocate
- Shri Phuyosa Yobin, Advocate
- Shri Philemon Nongbri, Advocate
The notification was copied to the Chief Justice of the Meghalaya High Court, Justice H.S. Thangkhiew (Executive Chairman, Meghalaya State Legal Services Authority), Justice W. Diengdoh (Chairman, High Court Legal Services Committee), the Registrar General, the Member Secretary of the Meghalaya State Legal Services Authority, the Joint Registrar (Listing), and each of the three panel members individually.
Scope of the Panel’s Mandate
The notification sets out two principal responsibilities for the panel.
First, the panel is to represent the convicted person in every death sentence reference before the High Court. The notification makes clear that this representation is to be provided “irrespective of whether the Convict has engaged private Counsel,” so as to ensure full and effective assistance to the Court. The rationale stated is that death penalty matters require a careful balancing of the interest of justice, societal concerns, and the possibility of reformation and rehabilitation of the convict.
Second, the panel is to be furnished with complete case records and given adequate time to prepare, conduct research, and present a comprehensive assessment of mitigating circumstances. Where the convict has also engaged private counsel, the panel is to work in cohesion with that counsel rather than in place of them.
The structure reflects a recognition that in capital cases the High Court itself needs independent, well-prepared assistance on mitigating factors — not merely an advocate appearing for the convict on instructions, but a panel that has studied the record and can place all relevant considerations before the Court.
Outcome
The High Court Legal Services Committee of the Meghalaya High Court has, in compliance with the Supreme Court’s order dated 27 April 2026 in Aman Singh and Anr. v. State of Bihar (Criminal Appeal No(s). 2351–2352 of 2026), constituted a three-member panel comprising Shri Kaustav Paul (Senior Advocate), Shri Phuyosa Yobin, and Shri Philemon Nongbri to handle death sentence reference matters before the High Court. The panel is operational with effect from the notification dated 22 May 2026.