![[Ex-Punjab CM Beant Singh Assassination] "Additional 4 Weeks Granted": SC Directs Centre to Decide on Balwant Singh Rajoana's Mercy Plea](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/11/image-39.png?fit=300%2C150&ssl=1)
Today, On 18th November, The Supreme Court urged the President’s secretary to present Balwant Singh Rajoana’s mercy petition to President Droupadi Murmu for consideration. Rajoana was sentenced to death for his role in the 1995 assassination of then Punjab Chief Minister Beant Singh. The court emphasized the need for a timely decision on the plea. This development revives focus on the long-pending case and its implications.
New Delhi: The Supreme Court directed the secretary to the President of India to present the mercy petition of death-row inmate Balwant Singh Rajoana to President Droupadi Murmu for consideration within two weeks.
Rajoana is sentenced to death for the assassination of former Punjab Chief Minister Beant Singh in 1995.
The bench, led by Justice B.R. Gavai, noted that the Union of India had not responded to the matter.
The bench stated,
“Despite the issue being specifically set for today, no representative appeared for the Union of India,”
Previously, the case was adjourned to allow the Union to gather information from the President’s office regarding the timeline for deciding the mercy plea.
The court noted,
“Despite the matter being specifically scheduled for today, no representative appeared for the Union of India. The bench was convened solely for this case.”
It further stated,
“On the last occasion, the matter was adjourned to allow the Union to consult with the President’s office regarding the timeline for deciding the mercy plea. Given that the petitioner is on death row, we direct the secretary to the President of India to submit the matter for the President’s consideration within two weeks from today.”
The court previously sought a response from the Central Government regarding Rajoana’s mercy petition, with CJI U.U. Lalit emphasizing,
“We can’t force you to take what decision…but you have to take one.”
In May of last year, the court had ordered the Centre to make a decision on Rajoana’s plea within two months, independent of the pending appeals of other convicts in the case. Rajoana was convicted in 1995 and has been awaiting execution since his death sentence was handed down in 2007, following the assassination of Beant Singh and sixteen others in a bombing outside the Civil Secretariat in Chandigarh.
The case is scheduled for a hearing on December 5.
Balwant Singh Rajoana received a death sentence for his involvement in the assassination of former Punjab Chief Minister Beant Singh in 1995. As a supporter of the Babbar Khalsa militant group, Rajoana is seeking to have his death sentence commuted to life imprisonment regarding his role in the assassination.
The Home Ministry submitted an affidavit indicating that Balwant Singh Rajoana’s mercy petition could not be considered because it was filed by a third party rather than by Rajoana himself. The affidavit also noted that the petition could not be decided until the appeals from other convicts in the case were resolved, even though Rajoana has not challenged his conviction or sentence in either the High Court or the Supreme Court.
In court, Senior Advocate Mukul Rohatgi strongly disputed the state’s assertion that Rajoana’s death sentence had not been commuted due to “security concerns” and the pending appeal from a co-accused.
He argued,
“Keeping a prisoner on death row for such an extended period violates their fundamental rights as established by this court’s judgments and should be grounds for commuting their sentence. Rajoana has the right to be released from death row immediately. Once he receives his commutation order, he can apply for release, having already served 27 years in prison. This situation is inhumane. Alternatively, if you prefer to await the government’s response to the mercy petitions, at the very least, grant the petitioner parole. He wishes to return to his village and would remain there.”
This case also brings into focus the broader debate over the death penalty in India. While some advocate for its abolition, citing its irreversible nature and potential for misuse, others view it as a necessary measure for the gravest crimes. Rajoana’s case represents a crossroads of these arguments, reflecting the tension between justice, mercy, and public sentiment.
By urging swift action on the mercy petition, the Supreme Court has sought to uphold the principles of fairness and the rule of law while leaving the final decision to the President’s discretion. The outcome of this case is likely to have far-reaching implications, both legally and politically.
Background
Balwant Singh Rajoana, a former constable in the Punjab Police, was convicted for his role in the assassination of Punjab Chief Minister Beant Singh on August 31, 1995. The attack, carried out by suicide bomber Dilawar Singh Babbar, resulted in the deaths of Beant Singh and 17 others. Rajoana identified as the backup bomber in case Babbar’s mission failed. In 2007, a special Central Bureau of Investigation (CBI) court in Chandigarh sentenced him to death for his involvement in the conspiracy.
Over the years, Rajoana’s execution has been postponed multiple times due to ongoing legal challenges and appeals. In 2012, the Shiromani Gurdwara Parbandhak Committee submitted a mercy petition on his behalf, which is still pending. In May 2023, the Supreme Court refused to convert his death sentence to life imprisonment, indicating that the appropriate authority would address the mercy petition in due course.
As of November 2024, the Supreme Court instructed the President of India to review Rajoana’s longstanding mercy petition, emphasizing the significant delay in its resolution.
Powers of the President Regarding Pardons and Sentence Modifications
The President of India holds the authority to exercise clemency through pardons, reprieves, respites, remissions, or by suspending, remitting, or commuting sentences for individuals convicted of offences. These powers apply in the following circumstances:
- Court Martial Cases: The President can intervene in cases where the punishment or sentence has been imposed by a Court Martial.
- Union Executive Matters: The power extends to offences under laws that fall within the executive jurisdiction of the Union.
- Death Sentences: The President can exercise clemency in cases where the sentence imposed is the death penalty.
This authority is rooted in Article 72 of the Indian Constitution, allowing the President to act as a final arbiter in matters of justice, balancing law with mercy.
Senior Advocate Mukul Rohatgi represented Balwant Singh Rajoana during the proceedings.
Case Title: Balwant Singh vs. Union of India and Ors.
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