Rajoana, a member of the Babbar Khalsa terrorist group, was convicted for his involvement in the assassination of Punjab’s then-Chief Minister, Beant Singh, in 1995. His petition seeks commutation of the death sentence on the grounds that there has been a long delay in deciding his mercy plea.
NEW DELHI: The Supreme Court of India has today (20th Jan) stated that it will either wait for the Union Government to take a decision or will proceed to decide on the merits of a mercy petition filed by Balwant Singh Rajoana. This petition seeks to reduce his death sentence to life imprisonment. The petition has been pending before the President of India since 2012.
A Bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan listed the matter for hearing on merits on March 18.
“We will hear on merits on March 18. If you (Central government) can decide by then, well and good,” the Court said.
Rajoana, a member of the Babbar Khalsa terrorist group, was convicted for his involvement in the assassination of Punjab’s then-Chief Minister, Beant Singh, in 1995. His petition seeks commutation of the death sentence on the grounds that there has been a long delay in deciding his mercy plea.
During today’s hearing, Senior Advocate Mukul Rohatgi, who appeared on behalf of Rajoana, expressed his frustration with the delay.
He pointed out that “nothing has happened” since the last hearing, where the Court had granted additional time for the Union Government to make a decision. Rohatgi added, “Your lordship granted so much time. They have done nothing…He has spent 29 years in jail. From the time of Justice Bobde being Chief Justice, last five years this has been going on. Your Lordship’s decision two years ago was [decide without reasonable time]…It has now been 29 years of custody and for last 15 years, he has been on death row.”
Rohatgi argued that Rajoana has already served a long time in jail, and the delays in addressing the mercy petition have violated his rights.
He continued, “As per your Lordship’s judgments, I am entitled to be released. I am not interested in their decision…Grant him some relief. They can take 6 years. But the man must come back to society…They have been taking time for 5 years…Same argument is always raised—it has ramifications and all that. In Bhullar’s case, in this very incident, your Lordship converted life imprisonment from death [penalty].”
BRIEF:
Rajoana was convicted on July 27, 2007, by a special Central Bureau of Investigation (CBI) Court under various sections of the Indian Penal Code and the Explosives Substances Act. His conviction was related to the deadly suicide bombing that killed Beant Singh, Punjab’s Chief Minister, and 16 other people in 1995. The attack was blamed on the Babbar Khalsa International, a separatist group that advocates for an independent Sikh state, Khalistan.
During the hearing, Rajoana was one of the few convicted individuals sentenced to death, while others were given life imprisonment. Jagtar Singh Hawara, another co-accused, was also sentenced to death. Rajoana did not appeal his conviction, and in 2012, a death warrant was issued for his execution. However, the Shiromani Gurudwara Prabandhak Committee (SGPC) filed a mercy petition on his behalf, which was processed by the Union Government.
In 2019, the Union Government announced that Rajoana’s sentence would be commuted, but this was later contradicted when Home Minister Amit Shah stated that Rajoana would remain on death row. In 2020, Rajoana filed a writ petition for the commutation of his sentence.
The Supreme Court had previously directed the Union Government to make a decision by April 30, 2022, but no decision was made. The case has been delayed for several years, with the Union Government citing security concerns and pending appeals from other co-accused as reasons for the delay.
Rohatgi contested these reasons, stating, “To keep a prisoner on death row for so long violates their fundamental rights according to judgments of this court and is a ground for their sentence to be commuted. Rajoana is entitled to be released from death row forthwith. The moment he gets his commutation order, he can apply to be released since he has already spent 27 years behind bars. It is inhuman. Alternatively, if you wish to wait for the government’s response to the mercy appeals, then at the very least, grant the petitioner parole. He wants to go to his village, and he will stay there.”
On May 3, 2023, the Supreme Court declined to commute the death penalty but did direct that the mercy petition be decided by the competent authority. However, the President of India has not yet taken a decision.
At today’s hearing, Solicitor General Tushar Mehta requested an additional 4-6 weeks for the Union Government to make a decision. The Court granted this request, but Justice Gavai made it clear that this would be the last opportunity for the Union to act.
He stated, “We will grant you time by way of last chance. Either you take a decision or we will hear on merits.”
Additionally, Rohatgi pressed for a medical report on Rajoana’s “mental capability,” which was agreed to by the Court.
Justice Gavai responded, “Medical report, they will take care of it. If they are negligent in providing…”
Mehta, however, responded by stating that there cannot be a report on mental capability.
Case Title: Balwant Singh v. UOI & Ors, W.P.(Crl.) No. 414/2024
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