Beant Singh assassination convict Rajoana's mercy plea sensitive matter: Centre to SC

The Centre on Monday told the Supreme Court that there was sensitivity involved in the matter related to the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of then Punjab chief minister Beant Singh.

A bench headed by Justice B R Gavai was hearing Rajoana's plea seeking directions to commute his death sentence to life term due to the “inordinate delay” in deciding his mercy petition.

“There is a sensitivity involved. Some agencies will have to be consulted,” Solicitor General Tushar Mehta told the bench, also comprising Justices P K Mishra and K V Viswanathan.

Additional Solicitor General K M Nataraj, who also appeared in the matter, said the issue was being reviewed by the government.

He said since the issue was sensitive, some more inputs were required in the matter. The Bench said it would hear the plea after four weeks.

While hearing the petition on November 18, the apex court had put on hold its order asking President Droupadi Murmu's secretary to place before her the mercy petition of Rajoana for consideration.

After the order was passed in the morning on November 18, the solicitor general had urged the bench that it should not be given effect as there were “sensitivities” involved in the issue.

Mehta had told the top court that the file was with the home ministry and not the President.

On September 25, the top court sought responses from the Centre, the Punjab Government and the administration of the Union Territory of Chandigarh on Rajoana's plea.

The then Punjab chief minister and 16 others were killed in a blast at the entrance of the civil secretariat in Chandigarh on August 31, 1995. A special court sentenced Rajoana to death in July 2007.

In his plea, Rajoana has sought the apex court's direction to the respondent authorities to commute his death sentence “due to inordinate delay” in its execution and in deciding the “mercy petition filed on his behalf”.

The plea said consequentially, a direction be issued for his release.

On May 3 last year, the apex court refused to commute his death sentence and said the competent authority could deal with his mercy plea.

In his fresh plea, Rajoana has said he has undergone a total sentence of about 28 years and eight months, of which 17 years have been served as a death row convict.

He has said that in March 2012, a mercy petition under Article 72 of the Constitution was preferred by the Shiromani Gurdwara Parbandhak Committee seeking clemency on his behalf.

The plea said over a year has elapsed since the top court had directed the competent authority, in due course of time, to deal with the mercy petition filed on his behalf and take further decision thereon.

It referred to an April last year order of the top court in a separate matter in which the court had directed all the states and appropriate authorities to decide the pending mercy petitions at the earliest and without any inordinate delay.