NEW DELHI: The Supreme Court on Monday asked the office of the President of India to decide within two weeks the mercy plea filed by Balwant Singh Rajoana, the death row convict in the assassination of the former Punjab Chief Minister Beant Singh in 1995, or it would have to take a decision on his plea.
A bench of Justices B R Gavai, Prashant Kumar Mishra and K V Vishwanathan said in case no decision is taken by the next date, the court will consider the prayers made for interim relief.
28 Years in Jail, No Decision on Mercy Plea: Supreme Court Questions Delay in Rajoana’s Case
The court posted the case for hearing on December 5, 2024.
Senior advocate Mukul Rohatgi, appearing for Rajoana, submitted no reply from the union has been filed yet. Also the State of Punjab informed the court that the union has not replied so far in the case in Rajona's mercy plea.
Rohatgi sought leniency and argued that 28-29 years have gone by.
"The persons convicted in Bhullar case (another convict) was also decided. My petition was of 2012. This person has not seen light of the day. Let state record that it had no objection then," he said.
SC Warns Centre on Mercy Plea Delays: Balwant Singh Rajoana’s Death Sentence Under Fresh Scrutiny
Rohatgi further said that the Union government said that it was not the right time to decide this.
"But then, when he would be released, after his life is over? This is not a case of national security," he said.
The bench expressed displeasure as to why the Union was not present when the argument took place, saying that this was a special bench constituted for this case.
"How can this be? Inspite of the matter being specifically kept today none appeared for Union of India. The bench assembled only for this case. On the last date the matter was adjourned to enable the union to take instructions from the office of the president as to by when will mercy plea be decided," the bench said.
Taking into consideration that the petitioner (Rajoana) is on a death row, the apex court said, "We direct the secretary to the President of India to place the matter before the President with a request to consider the same within two weeks from today."
On November 4, the Supreme Court had said it would consider the the mercy petition of death row convict in the 1995 assassination case of then Punjab chief minister Beant Singh, if the Centre does not decide on it "either way".
"Decide it either way or we will consider it (Rajoana's plea)," the bench had asked the Solicitor General Tushar Mehta, appearing for the Centre, after he informed the court that Rajoana's mercy plea was pending with the President's office.
Rajoana, who was convicted for the assassination of former Punjab Chief Minister Beant Singh, questioned the delay in deciding on his mercy petition.
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 take a decision on his March 25, 2012, mercy petition till date.
According to the prosecution, Beant Singh the 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.
He also cited another death row convict, Devender Pal Singh Bhullar's case, and had 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.
Though the top court had last year refused to commute the death penalty of Rajoana, it had on September 25, this year, agreed to re-examine the issue afresh.
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