SC Directs President's Office To Expedite Mercy Plea Of Death Row Convict Balwant Singh Rajoana
|The Supreme Court today directed the President's secretary to promptly place the mercy petition of death row convict Balwant Singh Rajoana, pending before President Droupadi Murmu for consideration, requesting a decision within two weeks.
Rajoana was sentenced to death for his role in the 1995 assassination of then Punjab Chief Minister Beant Singh, who, along with 16 others, was killed in a bomb blast at the Chandigarh civil secretariat.
The Bench of Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan issued the direction after noting the absence of Union government representatives during the proceedings.
"Inspite of the matter being specifically kept today, none appeared for the Union of India. The bench assembled only for this case," the court remarked, emphasizing the urgency of the matter.
During the hearing, Senior Advocate Mukul Rohatgi appeared for Rajoana.
The court adjourned the hearing to December 5 and stated, "Taking into consideration that the petitioner is on a death row, we direct the secretary to the President of India to place the matter before the President with a request to consider the same within two weeks from today."
The Bench further clarified that in case the decision is not taken, then the prayers, on interim relief sought by Rajoana will be considered.
Pertinently, on November 4, the Court had sought the Punjab Government's response in the writ petition. The Senior Counsel had argued that "He is a finished person. At least let him see what is outside the jail. You cannot have a complete violation of Article 21."
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.
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]