NEW DELHI: The Supreme Court on Monday declined to consider interim relief for Balwant Singh Rajoana, a death row convict in the case related to assassination of then Punjab Chief Minister Beant Singh.
The petitioner sought commutation of his death sentence due to inordinate delay in deciding his mercy plea.
A bench of Justices B R Gavai, Prashant Kumar Mishra and K V Vishwanathan granted additional time for two more weeks to the Punjab government to file its response to his petition.
Supreme Court Grants Punjab Extension to Respond on Mercy Petition Delay
The court also refused to consider a plea for interim relief without hearing the counsel for the State.
Senior advocate Mukul Rohatgi, appearing for Rajoana contended that this is a shocking case as the petitioner has been in custody for 29 years.
"He has never been out of jail. Please grant him some interim relief. Let him see what is outside," he said.
No Interim Relief for Rajoana Amid 29-Year Custody Plea
The bench said no interim relief can be granted at this stage without hearing the other side.
The court asked the Punjab government counsel if the state government has filed the response to the plea.
The counsel sought time for the purpose on the ground that the state government was recently served and there was Diwali vacation.
The bench fixed the matter for consideration on November 18.
Solicitor General Tushar Mehta submitted that he was required to seek instructions in the matter. He opposed the plea for interim relief.
In his arguments, Rohatgi said it is a complete violation of Article 21 of the Constitution as the petitioner's mercy petition is pending consideration for 12 years.
In September, the apex court has issued notice to the state and the Centre on instant plea.
Rajoana, 57, a member of banned Babbar Khalsa, has been sentenced to death penalty in the case related to assassination of then Punjab Chief Minister Beant Singh.
The Supreme Court had on May 3, 2023 dismissed a plea by Rajoana for commutation of his death penalty in the 1995 assassination case of then Punjab Chief Minister Beant Singh, due to inordinate delay of over 10 year in deciding a mercy petition, saying it is the executive's domain to take a call on such sensitive issues.
The court has then noted the Union government's Ministry of Home Affairs, has decided that the consideration of mercy plea 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. 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," the court had then said.
The bench had also said the stand of the Ministry of Home Affairs to defer the decision on the mercy petition of the petitioner is also a decision.
On August 31, 1995, then Chief Minister of Punjab Beant Singh, along with 16 others, lost their lives and a dozen others were injured in a bomb blast.
The petitioner was arrested on January 27, 1996.
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 were 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.
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