The Supreme Court Today (Nov 4th) adjourned the hearing in a Writ Petition filed by Balwant Singh Rajoana, convicted for the 1995 assassination of Punjab Chief Minister Beant Singh, seeking to commute his death sentence to life imprisonment. Rajoana, who has been on death row for over 17 years and in jail for 28, argues that an “inordinate delay” in the decision on his mercy petition has subjected him to prolonged mental trauma and uncertainty, making his death sentence untenable. The Bench of Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan sought the Punjab Government’s response in the writ petition and adjourned the matter for hearing on November 18.
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NEW DELHI: The Supreme Court postponed the hearing of a writ petition filed by Balwant Singh Rajoana, who was convicted for the assassination of Punjab Chief Minister Beant Singh in 1995. Rajoana, who has been on death row for more than 17 years and has been incarcerated for a total of 28 years, is seeking to have his death sentence commuted to life imprisonment.
His plea argues that an “inordinate delay” in resolving his mercy petition has subjected him to prolonged mental suffering and uncertainty, which renders the death sentence unjust.
The Bench comprised of Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan requested a response from the Punjab Government and adjourned the hearing until November 18.
At the beginning of the session, Senior Advocate Mukul Rohatgi, representing Rajoana, emphasized the unusual circumstances of the case. He stated,
“This is a shocking case, where the man has been in custody without break for 29 years from today.”
He added,
“Originally he was convicted of an offence of a bomb explosion in 1996. After conviction, he was given…”
This underscored the prolonged and continuous nature of Rajoana’s incarceration.
The Bench subsequently inquired if the State of Punjab had submitted its response. The Counsel for Punjab indicated that they had not, as they were only recently served notice on the matter. Rohatgi continued to advocate for urgent intervention, stating,
“I have a simple, urgent request after 29 years out of which 15 years are on the death row. They have not disposed of my mercy plea, when others have been commuted to life imprisonment in this case by the Supreme Court. My earlier petition was disposed of by the Bench in May 2024, saying that they will take action on the mercy plea in due course. One and a half years has gone by.”
The Senior Counsel further made a heartfelt appeal for temporary release, suggesting,
“He is a finished person. At least let him see what is outside the jail. You cannot have a complete violation of Article 21.”
Appearing for the Union of India, Solicitor General Tushar Mehta responded by highlighting the gravity of Rajoana’s crime.
He remarked,
“Singh is guilty of assassinating the 2nd Chief Minister of Punjab,”
and requested additional time to obtain instructions on the matter, explaining,
“It is with the President’s house.”
Rohatgi retorted that the case had been pending at the President’s office for 12 years and pushed for interim relief.
However, the Bench declined to grant such relief, stating,
“Not without hearing them; let it be after 2 weeks.”
Consequently, the Court fixed the next hearing for November 18.
Balwant Singh Rajoana was convicted in 2007 by a special court for his role in the bomb explosion that claimed the life of Chief Minister Beant Singh and 16 others outside the Civil Secretariat in Chandigarh. His mercy petition, submitted in 2012, has yet to be resolved.
The Supreme Court, after rejecting an initial petition for commutation in May 2023, noted that Rajoana’s mercy plea could be reviewed “as and when deemed necessary.” However, after 16 months of inaction, the Court revisited the case on September 25, agreeing to examine the petition on the grounds of procedural delay and requested clarification from both the Centre and the Punjab Government.
The incident in question dates back to 1995, when a bomb explosion orchestrated by Rajoana and co-conspirators resulted in the death of then-Chief Minister Beant Singh and 16 others, with many more injured. Rajoana, along with eight other individuals, faced trial for plotting and executing the bombing.
In 2007, the trial court found Rajoana and others guilty under Sections 120-B, 302, and 307 of the Indian Penal Code (IPC), as well as Sections 3(b), 4(b), and 5(b) read with Section 6 of the Explosive Substances Act, 1908, sentencing him to death. While the High Court confirmed the conviction of one co-accused, Jagtar Singh, it commuted his sentence to life imprisonment.
The Shiromani Gurudwara Prabandhak Committee filed a mercy petition on Rajoana’s behalf, but no decision has been taken for over a decade, underscoring the extended legal limbo and the associated psychological toll on Rajoana.
CASE TITLE:
Balwant Singh v. Union of India and Ors. [W.P.(Crl.) No. 414/2024]
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