between the state and the individual, prevailing standards of constitutional morality and human dignity, the Commission feels that time has come for India to move towards abolition of the death penalty. 7.2.3 Although there is no valid penological justification for treating terrorism differently from other crimes, concern is often raised that abolition of death penalty for terrorism related offences and waging war, will affect national security. However, given the concerns raised by the law makers, the commission does not see any reason to wait any longer to take the first step towards abolition of the death penalty for all offences other than terrorism related offences. 7.2.4 The Commission accordingly recommends that the death penalty be abolished for all crimes other than terrorism related offences and waging war.” (Emphasis supplied) Having regard also to the said Report of the Law Commission that the constitutional regulation of capital punishment attempted in Bachan Singh (supra) has failed to prevent death sentences from being “arbitrarily punishment has and freakishly failed to imposed” achieve any and that constitutionally capital valid penological goals, we are of the view that a time has come where we view the need for death penalty as a punishment, especially its purpose and practice. 24. It is also a matter of anguishing concern as to how public discourse on crimes have an impact on the trial, conviction and sentence in a case. The Court’s duty to be constitutionally correct even when its view is counter-majoritarian is also a factor which 27