New Delhi, Nov 5
Balwant Singh Rajoana, who was sentenced to death for the murder of Punjab Chief Minister Beant Singh, did not receive any relief from the Supreme Court. The court did not accept the request for Rajoana’s interim release for a few months pending the government’s response. It postponed the hearing for two weeks without issuing any interim order. In the meantime, the central and Punjab governments will submit their responses.
However, the court instructed the central government to decide on Rajoana’s pending mercy plea, or else the court would consider the matter.
Rajoana has been in jail for nearly 29 years. These directions and remarks were issued on Monday by a three-member bench headed by Justice B.R. Gavai during the hearing of Rajoana’s petition seeking commutation of his death sentence to life imprisonment.
Rajoana has cited excessive delay in the processing of his mercy petition as the basis for requesting commutation of his death sentence to life imprisonment and an order for his release.
‘The status of the mercy petition must be checked’
On Monday, senior advocate Mukul Rohatgi, representing Rajoana, stated that Rajoana has been in prison for 29 years, with his mercy petition pending before the President for a long time. At this point, Solicitor General Tushar Mehta, representing the central government, informed the court that Rajoana was convicted for the murder of the Punjab Chief Minister.
Mehta added that the status of the mercy petition pending with the President must be determined. The bench urged a quick decision; otherwise, it would consider the case. The bench asked the lawyer representing Punjab if they had filed a response to the petition.
Solicitor General strongly opposed the release
Punjab’s lawyer mentioned that a response was delayed due to holidays. The court granted them two weeks to file a reply. Meanwhile, Rohatgi requested that the court grant Rajoana interim release for six or three months so that he could experience life outside.
However, the Solicitor General strongly opposed Rajoana’s interim release. The bench also refrained from issuing any interim order without hearing the other side and adjourned the hearing until November 18.
Refusal to commute death sentence to life imprisonment
On September 25, the Supreme Court had issued notices to the central and Punjab governments regarding Rajoana’s petition and requested responses. Punjab Chief Minister Beant Singh and 16 others were killed in a bomb blast on August 31, 1995.
Rajoana was sentenced to death in this case. He claims that the Shiromani Gurdwara Parbandhak Committee sent a mercy petition to the President on his behalf in March 2012. This is the second round of Rajoana’s petition.
Earlier, on May 3 last year, the Supreme Court refused to commute Rajoana’s death sentence to life imprisonment, stating that the competent authority could decide on his mercy petition.