Sources privy to the development said at least one member and one of the two ex officio members have expressed their reservation. But a final view is likely to emerge when the final draft report is adopted in the next couple of days.
The Commission, chaired by Justice (Retd) A P Shah is likely to submit its report to the Supreme Court this week.
Justice (retd) S N Kapoor, Justice (Retd) Usha Mehra and Mool Chand Sharma are the members of the panel. Law Secretary P K Malhotra and Legislative Secretary Sanjay Singh -- both from the Law Ministry -- are the ex officio members.
The Law panel will submit its report to the Supreme Court "sometime" next week on whether India should continue with death penalty or abolish it. A copy will also be handed over to the Law Minister as any call on changes in penal provisions will be taken by Parliament.
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The report assumes significance as it comes days after a debate was generated over the hanging of Mumbai serial blasts convict Yakub Memon.
The Commission is working overtime to complete the report as its three-year term is coming to an end on August 31.