Beant Singh assassination: SC declines to commute death penalty of Balwant Singh Rajoana

The SC bench said the competent authority will decide the plea of the convict seeking mercy

The Supreme Court on Wednesday dismissed a plea by Balwant Singh 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 years in deciding a mercy petition, saying it is the executive's domain to take a call on such sensitive issues.

A bench of Justices B R Gavai, Vikram Nath and Sanjay Karol noted the Union government's Ministry of Home Affairs, has decided that the consideration of mercy plea may be deferred as it could have an impact of compromising the security of the nation or creating law and order situation.

"It would not be within the domain of this court to delve upon the decision of the competent authority. It is within the domain of the executive to take a call on such sensitive issues. As such this court does not deem it appropriate to issue any further directions," it said

The bench said the stand of the Ministry of Home Affairs to defer the decision on the mercy petition of the petitioner is also a decision.

"It actually amounts to a decision declining to grant the same (relief) for the present," Justice Nath wrote on behalf of the bench in its judgement on a writ petition by Rajoana.

The court, however, directed that the competent authority, in due course of time, as and when necessary, may deal with the mercy petition, and take a further decision.

With regard to contention of delay in deciding his mercy petition, the bench said the petitioner himself never submitted any mercy petition as it was filed by Shiromani Gurdwara Prabhandak Committee in 2012.

The proposal for considering the commutation of the death sentence of the petitioner was started in 2019 only after the communication of the Ministry of Home Affairs on September 27, 2019. A decision was then taken to keep the plea pending till disposal of the pending appeals before this court, filed by the co-accused as well as by CBI, as according to the competent authority, it would have a bearing on the final decision on the mercy petition, the court noted.

However, after directions issued on December 2, 2020 and May 2, 2022, the matter was again considered and it was decided to defer the question of commutation.

"Thus, it cannot be alleged that there has been an inordinate delay in disposal of the mercy petition," the bench said.

On August 31, 1995, in a bomb blast, then Chief Minister of Punjab Shri 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.