Today, On 25th November, The Supreme Court granted the Centre an additional four weeks to decide on the mercy plea of Balwant Singh Rajoana, who was convicted in the assassination of former Punjab Chief Minister Beant Singh. The extension comes as part of ongoing deliberations on the plea, which seeks commutation of Rajoana’s death sentence. The case remains a significant point of legal and political discourse, reflecting on issues of clemency and justice.
New Delhi: The Centre stated on Monday that the decision regarding death row convict Balwant Singh Rajoana’s mercy plea, linked to the assassination of former Punjab Chief Minister Beant Singh, is a sensitive issue.
The court granted the government an additional four weeks to make a decision on Rajoana’s petition.
The case presented before a bench consisting of Justices B.R. Gavai, Prashant Kumar Mishra, and K.V. Vishwanathan.
Additional Solicitor General K.M. Nataraj, representing the Centre, informed the bench that further inputs were needed and emphasized the sensitivity of the matter.
Nataraj remarked,
“Presently, we have not taken a decision. It is not conducive,”
solicitor general tushar mehta, echoed these concerns, stating, ,
“Some agencies will have to be consulted.”
Following their submissions, the bench allowed the Centre four more weeks to address Rajoana’s mercy petition.
Rajoana, 57, a member of the banned Babbar Khalsa group, was sentenced to death for his role in the assassination of Beant Singh. The Supreme Court previously instructed President Droupadi Murmu’s secretary to review Rajoana’s mercy petition and decide within two weeks.
However, this order was put on hold at the Solicitor General’s request, citing the sensitivities involved. Mehta indicated that the file is currently with the Home Ministry, not the President, and the bench concurred, scheduling a follow-up hearing for November 25.
The Centre has framed Rajoana’s release as a national security concern, linking it to fears of a resurgence of pro-Khalistan sentiment. Earlier this month, the Supreme Court declined to grant interim relief to Rajoana, who sought commutation of his sentence due to the lengthy delay in processing his mercy plea.
Senior advocate Mukul Rohatgi, representing Rajoana, argued that the case is shocking, noting that Rajoana has been in custody for 29 years without release, which he claimed violates Article 21 of the Constitution, as his mercy petition has been pending for 12 years.
Beant Singh and 16 others were killed in a bomb blast on August 31, 1995, with Rajoana being arrested on January 27, 1996.
The trial court convicted him and several co-accused on July 27, 2007.
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.
A mercy plea is a formal request made by a convicted individual to the head of state (such as the President or Governor) for clemency or leniency in their punishment. This is typically filed after all judicial remedies, including appeals and reviews, have been exhausted. Mercy pleas are often sought in cases involving severe sentences, such as the death penalty, and are considered as a last recourse to mitigate punishment.
Key Features of a Mercy Plea
- In other countries, it may be directed to the executive authority, such as the President, Governor, or monarch.
- In India, mercy pleas are addressed to the President (under Article 72 of the Constitution) or the Governor (under Article 161) depending on the circumstances.
Mercy pleas serve as a crucial safeguard in the justice system to ensure that exceptional circumstances are considered before carrying out irreversible punishments, like the death penalty. They reflect the balance between justice and compassion, emphasizing the need for a humane approach in specific cases.
Senior Advocate Mukul Rohatgi represented Balwant Singh Rajoana during the proceedings.
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