NEW DELHI: The Supreme Court on Wednesday questioned the inordinate delay in deciding mercy plea in respect of Balwant Singh Rajoana, convicted for the assassination of Punjab Chief Minister Beant Singh in 1995.
A bench of Justices Vikram Nath, Sandeep Mehta, and N V Anjaria asked the Centre, "Why didn't you hang him till now? Who is to blame for that, at least, we have not stayed his execution, we suppose."
Upon hearing senior advocate Mukul Rohatgi for Rajoana, the court made it clear to the Centre that on the next date of hearing it should have clear instructions, as it would not adjourn the matter.
Rohatgi contended that there were people in the same attack, and Devender Bhullar was one of them, and in Bhullar's case, he was sentenced to death and his petition was dismissed by the apex court. It was argued before the bench in the curative petition, Bhullar's case was commuted to life, and Bhullar was out.
"Don't know what will happen (in my client's case). If this death has to go then commutation must happen, and if commutation happens, he is bound to be out today after 30 years,'' Rohatgi said.
The bench said that the court is not aware of the Punjab rules, but in Rajasthan, he would not have come out because these are exceptions under the prison rules.
Rohatgi said, but persons involved in the same incident are already out of prison. He said this court has held repeatedly, being on death row for more than 2 years or 3 years, it is sufficient in violation of Article 21.
"Today, it is 15 years. He was convicted in 2007 or 2006. It was confirmed by the high court…sometimes the Centre says that others have filed appeals in the Supreme Court. I am not concerned with others,'' Rohatgi said.
The counsel said his client did not file an appeal in the top court. The bench asked Rohatgi to place Bhullar's judgment on record. The bench was informed that a review petition has been filed regarding the judgment in Rajoana's case.
The bench was informed that it has been filed on the grounds that the mercy petition in Rajoana's case was given by the Gurdwara Management Committee and not by the petitioner, and therefore, there cannot be deemed to be inordinate delay in the disposal of it. The bench said it wants to see the judgment in Bhullar's case.
Rohatgi said if his client is released from prison, how is it concerned with the security of the state?
"It is not an India-Pakistan issue, he is also a human being and an Indian citizen. He is entitled to equal application of laws," he said.
Nataraj said a sitting chief minister was murdered, and consequential riots broke out in the state. Rohatgi said, "then you should have executed him."
"Why didn't you hang him till now? Who is to blame for that, at least we have not stayed his execution, we suppose", the bench asked Nataraj, who replied that he will get back to the court on the present situation.
On November 25, 2024, the Centre had said the matter regarding a decision on death row convict Rajoana's mercy plea is sensitive, after which the court granted it four more weeks to take a decision on it.
Rajoana, 58 years, a member of the banned Babbar Khalsa, has been sentenced to the death penalty in the case related to the assassination of Beant Singh.
The apex court on November 18, 2024, had directed President Droupadi Murmu's secretary to place before her the mercy petition with a request to decide the matter within two weeks. However, the apex court put its order on hold upon a request by the Solicitor General.
The bench listed the matter again for hearing on October 15.
Rajoana was linked to the Babbar Khalsa, a militant Sikh separatist group responsible for violent activities during the insurgency in Punjab. The Centre has maintained that his release is a matter of national security and linked it to the concerns regarding the resurgence of pro-Khalistan sentiment.
On August 31, 1995, in a bomb blast, Beant Singh, along with 16 others, lost their lives, and a dozen others were injured. 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.
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