The government should take into account the “dynamic progress” made in modern science to adopt painless methods of carrying out the death sentence, the chief justice-headed bench said.
An intervener in the case has argued that decisions like making the singing of the national anthem compulsory should rest with parliament and not the judiciary.
The hearing for the case was rescheduled in light of a conflict of interest because the case implicates Prime Minister Modi while Khehar’s appointment as chief justice lay in his hands.
Vikram Walia and Jasvir Singh, charged with abduction and murder, are due to hang on October 25 unless their sentences are delayed by review petitions.
Attorney General Mukul Rohatgi pleaded for more time and asked that the Supreme Court not issue any notice at the moment.