SC refuses to commute death sentence of Balwant Rajoana in Beant Singh assassination case

Supreme Court refuses to commute death sentence of Balwant Rajoana in Beant Singh assassination case
New Delhi: The Supreme Court on Wednesday refused to commute the death sentence of former Punjab chief minister Beant Singh assassination case convict Balwant Singh Rajoana and asked the Centre to take a further decision on his mercy plea as and when it deemed necessary. The order came from a three-judge Bench of Justice BR Gavai, Justice Vikram Nath and Justice Sanjay Karol which had on March 2 reserved its verdict on Rajoana’s petition seeking commutation of his death penalty on the grounds that the Centre failed to take a decision on his mercy petition for a considerably long period.

“What we have decided is that the stand of the Ministry of Home Affairs to defer the decision on the mercy petition of the petitioner is also the decision for decision given thereunder…it actually amounts to a decision declining to grant the same for the present. Therefore, we have directed that the competent authority in due course of time would again, as and when they deem necessary, may deal with the mercy petition and take a further decision,” Justice Nath, who pronounced the verdict, said, disposing of Rajoana’s petition.

Convicted of assassinating Beant Singh in 1995, Rajoana has been in jail for 25 years awaiting his execution. The former Punjab chief minister and 16 others were killed in an explosion outside the Civil Secretariat in Chandigarh in 1995. He was sentenced to death in 2007 by a special court. His mercy petition has been hanging fire for more than eight years.

On behalf of Rajoana, senior counsel Mukul Rohatgi had argued that keeping Rajaona on death row while sitting over his mercy plea for such a long time violated his fundamental rights.

On behalf of the Ministry of Home Affairs, Additional Solicitor General KM Natraj had contended that Rajaona’s mercy petition can’t be considered as it was filed by another organisation and not Rajoana himself and that it can’t be decided until the appeals of other convicts were decided by the top court.

Interestingly, Rajoana has not challenged his conviction or sentence. The Bench, however, said the authorities have sent several official communications to Rajoana.

Earlier, the Centre had contested the petitioner’s contention that in 2019 a final decision was taken to commute his death penalty.

The top court – which repeatedly asked the Centre to spell out its stand on Rajoana’s mercy petition during the hearing — had earlier pointed out that the convict has filed a petition under Article 32 which can be taken as an endorsement of the mercy petition.

“We can’t force you to take what decision…but you have to take a decision,” a Bench led by the then Chief Justice of India UU Lalit had told the Centre in September last year.

Citing Devender Pal Singh Bhullar’s case, the petitioner has claimed that the “Delay caused by circumstances beyond the prisoners’ control mandates commutation of death sentence.” The inordinate delay caused agony and adversely affected his physical and mental health, Rajaona contended.