New Delhi, Nov 18 The Supreme Court on Monday asked the Secretary to the President of India to place before President Droupadi Murmu the mercy petition filed by Balwant Singh Rajoana, a death row convict in the 1995 assassination case of former Punjab Chief Minister Beant Singh and others.
A special bench headed by Justice B.R. Gavai requested President Murmu to consider Rajona’s mercy plea within two weeks.
The Bench, also comprising Justices P.K. Mishra and K.V. Viswanathan, was hearing a writ petition filed by Rajona challenging a 12-year-long delay in deciding the mercy petition seeking commutation of his death penalty.
The apex court clarified that if Rajona’s mercy plea is not decided within two weeks, it will proceed to consider his application for interim release.
It expressed dismay over the non-filing of a response by the Union government in the matter and recorded that on the last date, the plea was adjourned to enable the Solicitor General to obtain instructions from the President’s office.
In the previous hearing, the top court had granted two more weeks to the government to file its response and told Rajona’s counsel that it was not inclined to grant him interim relief at this stage.
Before this, in May last year, the Supreme Court had turned down Rajoana’s plea seeking commutation of his death penalty and had said, "It is within the domain of the executive to take a call on such sensitive issues".
It was noted that the Rajoana himself never submitted any mercy petition and the alleged mercy petition of 2012, was filed by the Shiromani Gurdwara Parbandhak Committee (SGPC).
Disposing of the plea, the apex court had directed that the competent authority, in due course of time, would again as and when it is deemed necessary, deal with the mercy petition, and take a further decision.
Former Punjab Chief Minister Beant Singh, along with 16 others, lost their lives while a dozen others were injured in a bomb blast in August 1995. Rajoana was arrested on January 27, 1996. Rajoana, along with eight others, who had hatched a conspiracy and had executed the bomb blast, were put to trial.
In July 2007, the trial court convicted Rajoana along with co-accused Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh and Nasib Singh. The petitioner along with co-accused Jagtar Singh Hawara was awarded the death sentence.
In death reference, the high court vide judgment dated December 10, 2010, confirmed the conviction and sentence of the petitioner. However, while confirming the conviction of co-accused Jagtar Singh, it commuted the death sentence to life imprisonment.
The other co-accused preferred to appeal before the top court. However, Rajoana did not file any appeal after the judgment of the high court.
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