The Indian Supreme Court cited an Amnesty International report when it noted the arbitrary nature of death penalty application. The Court said that “extremely uneven application of [the ‘rarest of the rare’ formulation] . . . has given rise to a state of uncertainty in capital sentencing law which clearly falls foul of constitutional due process and equality principle.” The Court also noted the UN General Assembly moratorium resolution, as well as the general worldwide trend of avoidance of the death penalty, particularly in Nepal, Bhutan, the Philippines, and South Korea.

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