NEW DELHI: The Supreme Court on Monday requested the President of India to decide within two weeks on the mercy plea filed by Balwant Singh Rajoana, one of the death row convicts in the assassination of former Punjab Chief Minister Beant Singh in 1995. If no decision is made within this time frame, the Court will consider Rajoana's interim relief requests.
"In the event no decision is taken by the next date, we will consider the prayers for interim relief. The case is listed again for hearing on December 5, 2024, at 10:30 AM," said a bench led by Justice B.R. Gavai.
This order came after former Attorney General Mukul Rohatgi, appearing for Rajoana, informed the Court that no response had been received from the Union government. The State of Punjab also informed the Court that the Union had not replied yet regarding Rajoana's mercy plea.
Rohatgi sought leniency, noting that 28-29 years had passed. He mentioned that the case of Devender Pal Singh Bhullar, another death row convict, had already been decided. Rohatgi pointed out that his petition had been pending since 2012 and argued that Rajoana had not seen the light of day since then. He added that the State had not raised objections previously.
Rohatgi further criticized the Union's position, which stated that it was not the "right time" to decide on the plea. "But when will it be the right time? When his life is over?" he asked, stressing that this was not a national security issue.
Justice Gavai expressed surprise that the Union was not represented in court, despite the case being specifically listed for that day. He remarked, "How can this be? Despite the matter being specifically kept today, no one appeared for the Union of India. The bench was assembled solely for this case."
Taking into account that the petitioner (Rajoana) is on death row, the Supreme Court directed the Secretary to the President of India to present the matter before the President with a request to consider it within two weeks.
On November 4, the Supreme Court had stated that it would consider Rajoana's mercy petition if the Centre did not decide on it either way. The bench had told Solicitor General Tushar Mehta, representing the Centre, that the mercy plea was still pending with the President's office.
Rohatgi argued that Rajoana had been in custody for 29 years and requested that at least temporary relief be granted. "Let him be released for six months. His mercy plea has been pending for 12 years. This is a violation of Article 21," he stated, seeking interim relief for his client. He also expressed concern about the prolonged wait and the physical and mental toll it had taken on Rajoana.
Rajoana, a former Punjab Police constable, has been on death row for 17 years. His plea noted that the Centre had not taken any action on his March 25, 2012, mercy petition.
The prosecution had argued that Rajoana was involved in the 1995 assassination of Beant Singh, the former Punjab Chief Minister, and 16 others, who were killed in an explosion outside the Civil Secretariat in Chandigarh on August 31, 1995.
Rajoana's plea stated that the prolonged delay in deciding his mercy petition violated his fundamental rights. Rohatgi referenced the case of another death row convict, Devender Pal Singh Bhullar, and argued that the long delay in the petition should lead to a commutation of Rajoana’s death sentence to life imprisonment.
In response, Additional Solicitor General KM Natraj, representing the Ministry of Home Affairs (MHA), contended that Rajoana's mercy petition could not be considered because it had been filed by the Shiromani Gurdwara Parbandhak Committee (SGPC) and not by Rajoana himself. Natraj argued that the mercy petition could not be decided until the appeals of the other convicts in the case were concluded.
Although the Supreme Court had refused to commute Rajoana's death sentence last year, it agreed on September 25, 2024, to re-examine the matter afresh.
