The Supreme Court questioned the Centre over the 17-year delay in executing Balwant Singh Rajoana, convicted for assassinating Punjab CM Beant Singh in 1995. The Court asked, “Who is to blame for that?” while hearing his plea to commute the death sentence.
New Delhi: The Supreme Court of India today heard the writ petition filed by Balwant Singh Rajoana, who was sentenced to death for the 1995 assassination of Punjab Chief Minister Beant Singh. Rajoana has asked the Court to commute his death sentence to life imprisonment, arguing that there has been an “inordinate delay” in deciding his mercy petition.
Rajoana has been in jail for almost 29 years and has been living under the shadow of the death penalty for more than 17 years.
ALSO READ: Deleting Savarkar speech video is Rahul Gandhi’s personal liberty, rules Pune Court
His lawyers argue that this delay has caused him serious mental trauma and uncertainty, making his execution legally and constitutionally untenable.
The Bench of Justice Vikram Nath, Justice Sandeep Mehta, and Justice N.V. Anjaria heard the matter and expressed concern about the delay. The Court directly questioned the Union of India, asking,
“Why did you not hang him till now? Who is to blame for that?”
Senior Advocate Mukul Rohatgi, appearing for Rajoana, told the Court that his client has already spent nearly three decades in prison since he was sentenced to death for the 1995 assassination. Rohatgi reminded the Court,
“This man is under death row for more than 15 years.”
He further pointed out that the Supreme Court itself had earlier noted that Rajoana had not filed the mercy petition on his own, but that it was filed on his behalf by the Shiromani Gurudwara Prabandhak Committee (SGPC). Despite this, the petition has remained pending for years.
Rohatgi argued that the delay is unjustified, stating that
“I don’t know if he is in sane senses or not.”
He highlighted that at times, Rajoana was even kept in solitary confinement, worsening his suffering. He submitted that,
“If his (Balwant Singh) death has to go, commutation must happen. If commutation happens, he will be bound to be out after 30 years.”
The senior advocate also stressed that the Apex Court had observed 2.6 years ago that the mercy petition should be decided within a reasonable time, but even after that, no action was taken. He also informed the Bench that a review petition has been filed against the previous judgment of the Supreme Court.
Emphasizing constitutional rights, Rohatgi submitted that Rajoana is a citizen of India and his rights under Article 21 of the Constitution — the right to life and personal liberty — must be protected. According to him, there “cannot be a delay time and again.”
Appearing for the Union Government, Additional Solicitor General (ASG) K.M. Nataraj argued that the matter must be seen in light of the seriousness of the crime, since the victim was a sitting Chief Minister. In response, Rohatgi sharply countered by saying,
“Then, you should have executed him.”
At this point, Justice Sandeep Mehta again pressed the Union with the same question,
“Why did you not hang him till now? Who is to blame for that?”
To this, the ASG replied,
“I will get back on the present situation.”
The Court then passed an order recording this statement and made its stand clear.
The order said,
“On the request of Mr. Natraj, place the matter again on October 15. It is made clear that the matter will not be adjourned at the instance of the Respondent.”
With this, the matter has been adjourned until October 15, when the Centre is expected to file its clear response.
The background of the case shows the long delay. In 1995, a bomb blast outside the Civil Secretariat in Chandigarh killed Punjab Chief Minister Beant Singh along with 16 others and injured many more. Rajoana, along with eight others, was accused of planning and executing the attack.
In 2007, a special trial court convicted him and awarded the death penalty under Sections 120-B, 302, and 307 of the IPC, and Sections 3(b), 4(b), and 5(b) read with Section 6 of the Explosive Substances Act, 1908.
The High Court later confirmed the conviction but commuted the death sentence of co-accused Jagtar Singh to life imprisonment.
In 2012, the SGPC filed a mercy petition on behalf of Rajoana, but it remained undecided for more than 10 years. In May 2023, the Supreme Court refused to commute his sentence at that time, but directed that the mercy petition could be reviewed “as and when deemed necessary.”
Now, 16 months later, on September 25, the Supreme Court has agreed to look at the plea again, this time focusing on the issue of delay. The Court has asked both the Centre and the Punjab Government to clarify their stand when the matter comes up again.
Case Title:
Balwant Singh v. Union of India and Ors. [W.P.(Crl.) No. 414/2024].
Click Here To Read More Reports on Balwant Singh
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
