SC grants ‘last chance’ to Centre to decide Balwant Singh Rajoana’s mercy plea
New Delhi, Jan 20 (IANS/WISHAVWARTA) The Supreme Court on Monday granted a “last chance” to the Union government to decide the mercy petition filed by Balwant Singh Rajoana, a death row convict in the 1995 assassination case of former Punjab Chief Minister Beant Singh and others.
A Special Bench headed by Justice B.R. Gavai agreed to defer the hearing till March 18 after Solicitor General (SG) Tushar Mehta, the second-highest law officer of the Centre, submitted that Rajoana’s mercy petition is under consideration of the Union Home Ministry and the matter would require more time, considering its “sensitive” nature.
“We are granting you time by way of a last chance. Either you take a decision or otherwise, we will hear it on merits,” added the Bench, also comprising Justices P.K. Mishra and K.V. Viswanathan, as it adjourned the hearing till March 18.
The apex court was hearing a writ petition filed by Rajoana challenging an over 12-year-long delay in deciding the mercy petition seeking commutation of his death penalty. In an earlier hearing, the Justice Gavai-led Special Bench had granted the Union government four weeks more to decide Balwant Singh Rajoana’s mercy petition. It had agreed to defer till January 20 the hearing after SG Mehta submitted that more inputs from agencies were needed, considering the “sensitivities” involved in the matter.
In an order dictated in open court on November 18, the top court had requested President Droupadi Murmu to consider within two weeks the mercy petition filed on behalf of Balwant Singh Rajoana.
It had asked the Secretary to the President of India to place before President Murmu the mercy petition filed by Rajoana, clarifying that if Rajoana’s mercy petition is not decided within two weeks, it will proceed to consider his application for interim release. Within hours, the Supreme Court agreed to not upload its order after SG Mehta made an urgent mentioning before the Justice Gavai-led Bench.
The Centre’s law officer had requested that the order passed in his absence may not be signed and uploaded considering the sensitivities involved. Mehta added that the batch of files pertaining to Rajoana’s mercy petition remained with the Union Home Ministry and not the President’s Secretariat.
In May 2023, the Supreme Court had turned down Rajoana’s plea seeking commutation of his death penalty and had said, “It is within the domain of the Executive to take a call on such sensitive issues.”
It was noted that Rajoana himself never submitted any mercy petition and the alleged mercy petition of 2012, was filed by the Shiromani Gurdwara Parbandhak Committee (SGPC). Disposing of the plea, the apex court had directed that the competent authority, in due course of time, would again as and when deemed necessary, deal with the mercy petition, and take a further decision.
Former Punjab Chief Minister Beant Singh, along with 16 others, lost their lives while a dozen others were injured in a bomb blast in August 1995. Rajoana was arrested on January 27, 1996.
Rajoana, along with eight others, who had hatched a conspiracy and had executed the bomb blast, were put to trial. In July 2007, the trial court convicted Rajoana along with co-accused Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh and Nasib Singh.
The petitioner along with co-accused Jagtar Singh Hawara was awarded the death sentence. In death reference, the High Court vide judgment dated December 10, 2010, confirmed the conviction and sentence of the petitioner. However, while confirming the conviction of co-accused Jagtar Singh, it commuted the death sentence to life imprisonment. The other co-accused preferred to appeal before the top court. However, Rajoana did not file any appeal after the judgement of the High Court.
