Nation's security over mercy plea: Supreme Court upholds death penalty for ex-Punjab CM's killer [Read Judgment]

NEW DELHI: The Supreme Court on Wednesday dismissed a plea by Balwant Singh Rajoana, seeking commutation of his death penalty in the 1995 assassination case of then Punjab Chief Minister Beant Singh and 16 others, in view of over 10 years delay in deciding a mercy petition.

A bench of Justices B R Gavai, Vikram Nath and Sanjay Karol noted the Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation or creating law and order situation.

"It would not be within the domain of this Court to delve upon the decision of the competent authority to defer taking of any decision at present. It is within the domain of the executive to take a call on such sensitive issues. As such this court does not deem it appropriate to issue any further directions," it said

"The stand of the Ministry of Home Affairs to defer the decision on the mercy petition of the petitioner is also a decision for the reasons given there. It actually amounts to a decision declining to grant the same for the present," Justice Nath wrote on behalf of the bench.

In its judgement on a writ petition by Rajoana, the court, however, directed that the competent authority, in due course of time, would again as and when it is deemed necessary, may deal with the mercy petition, and take a further decision.

The court also rejected a contention made by the convict's counsel senior advocate Mukul Rohatgi about delay of over 10 years in deciding his mercy petition.

The bench pointed out firstly, the petitioner himself never submitted any Mercy Petition as it was filed by Shiromani Gurdwara Prabhandak Committee in 2012.

Further, after the communication of the Ministry of Home Affairs on September 27, 2019, the proposal for considering the commutation of the death sentence of the petitioner was started. A decision was then taken to keep the plea pending till disposal of the pending appeals before this court, filed by the co-accused as well as by CBI, as according to the competent authority, it would have a bearing on the final decision on the mercy petition, the court noted.

However, after directions issued on December 2, 2020 and May 2, 2022, the matter was again considered by the competent authority and it was decided to defer the question of commutation in view of the reasons given in the affidavit filed by the Ministry of Home Affairs, the bench noted.

"Thus, it cannot be alleged that there has been an inordinate delay in disposal of the mercy petition," the bench said.

On August 31, 1995, in a bomb blast, then Chief Minister of Punjab Shri Beant Singh, along with 16 others, lost their lives and a dozen others were injured.

The petitioner was arrested on January 27, 1996.

Rajoana, along with eight others, who had hatched a conspiracy and had executed the said bomb blast, were put to trial.

The trial court on July 27, 2007 convicted the petitioner along with co-accused Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh and Nasib Singh. The petitioner along with co-accused Jagtar Singh Hawara have been convicted and awarded death sentence.

The High Court on December 10, 2010 confirmed the conviction and sentence of the petitioner.

However, it commuted the death sentence of Jagtar Singh into life imprisonment.

[Read Judgment]