"He Is A Finished Person; At Least Let Him See What Is Outside Jail": Balwant Singh's Counsel Submits Before SC In Plea For Commutation Of Death Sentence
|The Supreme Court today adjourned the hearing in a Writ Petition filed by Balwant Singh Rajoana, convicted for the 1995 assassination of Punjab Chief Minister Beant Singh, seeking to commute his death sentence to life imprisonment.
Rajoana, who has been on death row for over 17 years and in jail for 28, argues that an “inordinate delay” in the decision on his mercy petition has subjected him to prolonged mental trauma and uncertainty, making his death sentence untenable.
The Bench of Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan sought the Punjab Government's response in the writ petition and adjourned the matter for hearing on November 18.
At the outset, Senior Advocate Mukul Rohatgi, appearing for Singh, submitted that this is a shocking case, where the man has been in custody without break for 29 years from today. "Originally he was convicted of an offence of a bomb explosion in 1996. After conviction, he was given.." Rohatgi submitted.
The Bench then asked whether the State of Punjab has filed its response in the matter.
To which, the Counsel appearing for Punjab replied in a negative as they have recently been served notice in the matter.
Further, Rohatgi contended, "I have a simple, urgent request after 29 years out of which 15 years are on the death row. They have not disposed of my mercy plea, when others have been commuted to life imprisonment in this case by the Supreme Court. My earlier petition was disposed of by the Bench in May 2024, saying that they will take action on the mercy plea in due course. One and a half years has gone by."
The Senior Counsel also requested the Court to release Singh for 3 or 6 months. "He is a finished person. At least let him see what is outside the jail. You cannot have a complete violation of Article 21," Rohatgi argued.
Solicitor General Tushar Mehta appeared for the Union of India. The SG contended that Singh is guilty of assassinating the 2nd Chief Minister of Punjab. He sought time to take instruction. "It is with the President's house," the SG submitted.
Rohatgi argued that it is with the President's house for the last 12 years. He further requested for Interim Relief.
However, the Bench refused to grant any interim relief. "Not without hearing them; let it be after 2 weeks," the Court said.
Accordingly, the Court scheduled the matter for hearing on November 18.
Convicted by a special court in 2007 for his involvement in the explosion that killed Beant Singh and 16 others outside the Civil Secretariat in Chandigarh, Rajoana filed a mercy petition in 2012, which remains undecided.
While the Apex Court declined an initial commutation petition in May 2023, it directed that his mercy petition may be reviewed “as and when deemed necessary.” However, 16 months later, on September 25, the Court agreed to re-examine Rajoana’s plea on the basis of delay and has called upon the Centre and Punjab Government to clarify their stance.
The facts of the case were that, in the year 1995, in a bomb blast, the then Chief Minister of Punjab Shri Beant Singh, along with 16 others, lost their lives and a dozen others were injured. The present Petitioner along with 8 others, who were accused of having hatched a conspiracy and had executed the said bomb blast, were put to trial. Accordingly, the Trial Court in the year 2007 convicted the Petitioner along with other co-accused for offences under Sections 120-B, 302, and 307 of the IPC and under Sections 3(b), 4(b) and 5(b) r/w 6 of the Explosives Substances Act, 1908, and awarded death sentence. The High Court however, while confirming the conviction of the co-accused Jagtar Singh, commuted the death sentence into life imprisonment. Later, a Mercy Petition was filed by Shiromani Gurudwara Prabandhak Committee on behalf of the Petitioner, but no decision was taken for more than 10 years.
Cause Title: Balwant Singh v. Union of India and Ors. [W.P.(Crl.) No. 414/2024]