NEW DELHI: The Supreme Court Friday questioned the Centre over delay in sending proposal to the President for commuting the death sentence of Balwant Singh Rajoana, convicted in the 1995 assassination case of former Punjab Chief Minister Beant Singh.
A bench headed by Chief Justice S A Bobde asked the Centre to apprise it as to when the authorities concerned will send the proposal to the President under Article 72 of the Constitution. The article deals with power of President to grant pardon, suspend, remit or commute sentences in certain cases.
The apex court noted that a letter was sent from the Ministry of Home Affairs to Punjab chief secretary on September 27 last year intimating that a proposal would be sent to the President to commute the death sentence of Rajoana.
The bench, also comprising Justices A S Bopanna and V Ramasubramanian, asked Additional Solicitor General K M Nataraj, appearing for the Centre, as to why the proposal has not been sent till now.
“By the letter dated September 27, 2019, the Ministry of Home Affairs, Government of India has written to the Chief Secretary, Government of Punjab/ Gujarat/ Haryana/Karnataka/NCT of Delhi that on the occasion of commemoration of 550th Birth Anniversary of Guru Nanak Dev Ji, special remission and release of prisoners are proposed,” the bench noted in its order.
“In particular, the said letter states as follows: ‘It has been decided that 8 sikh prisoners be given special remission under Article 161 of the Constitution and released from prison. The proposal for commutation of death sentence to life imprisonment of one prisoner is to be processed under Article 72 of the Constitution of India. The State Government/Union Territory Administration concerned and Centre-State Division of Ministry of Home Affairs are requested to take all required action in this regard’,” the order said.
Rajoana, a former Punjab Police constable, was convicted for his involvement in an explosion outside the Punjab civil secretariat that killed Beant Singh and 16 others on August 31, 1995.
The top court was hearing Rajoana’s plea seeking commutation of death sentence to life term on the ground that he has been in jail for 25 years.
During the hearing conducted through video-conferencing, the bench told Nataraj that Rajoana has not filed any appeal in the apex court in the matter.
“Someone at your end is highly misconceived about pendency of appeal,” the bench told Nataraj.
“On a query made by the court, K M Nataraj, Additional Solicitor General appearing on behalf of the Union of India stated that the proposal has not been sent in view of the pending appeals of the co-accused in this court. It is not denied that the petitioner has himself not filed any appeal against his sentence. Therefore, there is no question of awaiting the outcome of any appeal pending before this court,” the bench noted in its order.
“It is obvious that the factum of the appeals pending at the behest of other co-accused would have no relevance to the proposal intended to be sent for consideration under Article 72 of the Constitution of India,” the bench said.
Nataraj said that decision of commuting the death sentence has to be taken by the President only.
“So what it has to do with pendency of plea of co-accused in the court,” the bench said, adding, “Government has decided to commute the death sentence and proposal was to be sent to the President.”
When Nataraj said that proposal to the President has not been sent yet, the bench said, “So, whose fault is it. Do you mean that the deputy secretary (of home ministry) had written without any authorisation? So, now we are asking you why has the proposal not being sent till now under Article 72.”
“You had written to the Punjab government that his death sentence will be commuted on the occasion of Guru Nanak Jayanti,” the bench said.
Nataraj sought two-week time to take instruction on the issue of sending proposal to the President.
The bench has posted the matter for hearing on January 8.
A special court had in July 2007 awarded death sentence to Rajoana in the case