Balwant Singh Rajoana
Credit: X/@Gagan4344
New Delhi: The Supreme Court on Monday gave the last opportunity to the Centre to decide by March 18, the mercy petition of death-row convict, Balwant Singh Rajoana in the 1995 assassination case of then Punjab Chief Minister Beant Singh.
"Either you decide or we will hear his (Rajoana's) petition on merits," a bench of Justice B R Gavai, Prashant Kumar Mishra and KV Viswanathan told the Union government's counsel.
The court fixed the matter for consideration on March 18.
As the Centre sought the time to decide the mercy petition, the court, said that it was the last opportunity being given to the Union to take a decision on Rajoana’s mercy petition.
“We will grant you time by way of last chance. Either you take a decision or we will hear on merits,” the bench said.
Solicitor General Tushar Mehta, appearing for the Centre, pleaded for more time in the matter.
He said the case is “sensitive” as it is related to murder of a sitting Chief Minister and sought six weeks more to decide the mercy petition saying government is considering it.
On the opposite side, senior advocate Mukul Rohatgi, appearing for Rajoana, said that this court has already granted so much time to the Centre.
"But they have done nothing so far. He (Rajoana) has spent 29 years in jail. From the time of Justice S A Bobde (Now retired) being the Chief Justice, last five years this has been going on and on," he said.
Rohatgi argued that his client has now been 29 years of custody and for last 15 years, he has been on death row.
"I am not interested in their decision. Grant him some relief," Rohatgi said, adding the Centre has been taking time for five years.
On November 25, last year, the Centre had told the Supreme Court that there was sensitivity involved in the matter related to the mercy petition of death row convict, Rajoana.
It is to be noted that Rajoana has moved the apex court seeking directions to commute his death sentence to life term due to the "inordinate and extraordinary delay" in deciding his mercy petition.
Rajoana, 57 years, a member of banned Babbar Khalsa, has been sentenced to death penalty in the case related to assassination of then Punjab Chief Minister Beant Singh.
On May 3, 2023, the Supreme Court had dismissed a plea by Rajoana for commutation of his death penalty in the 1995 assassination case of then Punjab Chief Minister Beant Singh, due to inordinate delay of over 10 year in deciding a mercy petition, saying it is the executive's domain to take a call on such sensitive issues.
On August 31, 1995, in a bomb blast, then Chief Minister of Punjab Beant Singh, along with 16 others, lost their lives and a dozen others were injured. The petitioner was arrested on January 27, 1996.The trial court on July 27, 2007 convicted the petitioner 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 were awarded death sentence. The High Court on December 10, 2010 confirmed the conviction and sentence of the petitioner. However, it commuted the death sentence of Jagtar Singh into life imprisonment.