Beant Singh assassination: SC to take up on Monday Rajoana’s plea for commutation of death sentence

The Supreme Court will take up on Monday a petition filed by Beant Singh assassination case convict Balwant Singh Rajoana seeking commutation of his death sentence to life imprisonment on the ground of “inordinate delay” in deciding his mercy petition.

Convicted of assassinating Beant Singh in 1995, Rajoana—a former Punjab Police constable—has been in jail for 28 years, awaiting his execution. The former Punjab Chief Minister and 16 others were killed in an explosion outside the Civil Secretariat in Chandigarh on August 31, 1995. Rajoana was sentenced to death in 2007 by a special court. His mercy petition has been hanging fire for more than 12 years.

On May 3, 2023, the top court had refused to commute his death sentence to life imprisonment and asked the Centre to take decision on his mercy plea “as and when it is deemed necessary”.

However, more than 16 months after refusing to commute the death penalty of Rajoana, the Supreme Court had on September 25 agreed to re-examine the issue afresh. A three-judge Bench led by Justice BR Gavai had asked the Centre and the Punjab Government to respond to his fresh petition for commutation of his death penalty on the ground the Centre has failed to take a decision on his March 25, 2012, mercy petition till date.

The matter is listed for hearing on November 4 before a Bench of Justice BR Gavai, Justice PK Mishra and Justice KV Viswanathan. Both the Centre and the Punjab Government are expected to spell out their respective stand on Rajaona’s plea.

In its May 3, 2023 order, the top court had said, “The stand of the Ministry of Home Affairs (MHA) to defer the decision on the Mercy Petition of the petitioner is also a decision for the reasons given thereunder. It actually amounts to a decision declining to grant the same for the present.” However, it had directed “that the competent authority, in due course of time, would again as and when it is deemed necessary, may deal with the Mercy Petition, and take a further decision.”

In his fresh petition, Rajoana submitted that “About 01 year and 04 months have now elapsed since disposal of the petitioner’s first writ petition, and a decision on his fate still hangs under a cloud of uncertainty, causing deep mental trauma and anxiety to the petitioner every single living day, which by itself is a sufficient ground for exercise of this court’s Article 32 powers to allow the reliefs sought.”

Contending that Rajoana has been in jail for more than 28 years and on death row for 17 years, senior counsel Mukul Rohatgi had contended on behalf of the convict that he can’t be made to wait indefinitely on the ground of national security.

Rohatgi had earlier argued that keeping the petitioner on death row while sitting over his mercy plea for such a long time violated his fundamental rights. Citing Devender Pal Singh Bhullar’s case, the petitioner had claimed that the “Delay caused by circumstances beyond the prisoners’ control mandates commutation of death sentence” as the inordinate delay caused agony and adversely affected his physical and mental health.

On behalf of the MHA, Additional Solicitor General KM Natraj had contended that Rajaona’s mercy petition can’t be considered as it was filed by SGPC and not by Rajoana himself and that it can’t be decided until the appeals of other convicts were decided by the top court. Considering the prevailing situation, a decision has been taken by the MHA that it would be appropriate to defer any decision on the mercy petition as it could potentially compromise national security and create a law and order situation, Natraj had said.