Decision on Balwant Singh Rajoana's mercy petition by March 18: Supreme Court asks Centre
NEW DELHI: The Supreme Court on Monday asked the Centre to take a decision by March 18 on the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of then Punjab chief minister Beant Singh.
"Either you (Union of India) decide or we will hear on his (Rajoana's) mercy petition on merits," a bench headed by Justice B R Gavai told Solicitor General Tushar Mehta, who appeared for the Centre.
The bench, also comprising Justices Prashant Kumar Mishra and K V Viswanathan, was hearing Rajoana's plea seeking directions to commute his death sentence to life term due to the "inordinate delay" in deciding his mercy petition. The matter has been adjourned to March 18.
“We will grant you time by way of last chance. Either you take a decision or we will hear on merits,” the bench said.
The Solicitor General Tushar Mehta, appearing for the Centre, pleaded for more time in the matter, saying, the case is “sensitive” as it’s related to murder of a sitting Chief Minister and sought six weeks more to decide the mercy petition saying government is considering it.
Opposing the submissions of Mehta, former Attorney General and senior Supreme Court lawyer appearing for Rajoana, Mukul Rohatgi, said that this Court has already granted so much time to the Centre, but they have done nothing so far.
"He (Rajoana) has spent 29 years in jail. From the time of Justice S A Bobde (now retired) being the Chief Justice, this has been going on and on for the last five years," he said.
Rohatgi argued that his client has now been in custody for 29 years and on death row for 15 years.
He highlighted that as per this court's various judgments and guidelines, his client should be entitled to be released.
"I am not interested in their decision. Grant him (Rajoana) some relief," Rohatgi further added.
Rohatgi cited another death row convict Devender Pal Singh Bhullar's case, and claimed that the "Delay caused by circumstances beyond the prisoners' control mandates commutation of death sentence" as the inordinate delay caused agony and adversely affected his physical and mental health.
"My petition was from 2012. This person has not seen light of the day. Let state record that it had no objection then," he said.
Rohatgi argued that the Centre said that it was not the right time to decide this. "But then, when would he be released, after his life is over? This is not a case of national security," he said.
"At least let him out for 6 months. Mercy plea is pending for last 12 years. With great respect, I can say that there is a complete violation of Article 21. I am requesting some interim relief," Rohatgi pleaded to the apex court.
Rajoana, a former Punjab Police constable-has been in jail for 28 years, awaiting his execution. He in his plea said that the Centre has failed to decide on his March 25, 2012, mercy petition to date.
According to the prosecution, Beant Singh, former Punjab Chief Minister, and 16 others were killed in an explosion outside the Civil Secretariat in Chandigarh on August 31, 1995.
The convict, Rajoana in his plea, submitted that he has been in jail for more than 28 years and on death row for 17 years. His senior lawyer and former Attorney General (AG) of India, Mukul Rohatgi, had argued that Rajoana can't be made to wait indefinitely on the ground of national security.
"Keeping the petitioner (Rajoana) on death row while sitting over his mercy plea for such a long time violates his fundamental rights," Rohatgi said and sought commutation of Rajona's death sentence to life imprisonment.
Opposing the plea of Rajoana, Additional Solicitor General (ASG) KM Natraj, senior law officer appearing for the MHA, had contended that Rajaona's mercy petition can't be considered as it was filed by the SGPC (Siromani Gurudwara Prabandhak Committee) and not by Rajoana himself and that it can't be decided until the appeals of other convicts were decided by the top court.
Although the top court had in 2023 refused to commute the death penalty of Rajoana, it had on September 25, last year, agreed to re-examine the issue afresh.