No relief to Rajoana as SC defers hearing on his plea for commuting death sentence

Beant Singh assassination case convict Balwant Singh Rajoana on Monday failed to get any interim relief as the Supreme Court deferred hearing on his petition seeking commutation of his death sentence to life imprisonment to November 18.

“No interim relief without hearing them (the Centre and the Punjab Government) out,” a three-judge Bench led by Justice BR Gavai told senior counsel Mukul Rohatgi -- who represented Rajoana.

The court’s observation came after Rohatgi urged the Bench to grant some interim relief to the convict and release him for a few months in view of the fact that his mercy petition had been pending for 12 years.

“He (Rajoana) is a finished person. At least let him out for six months… At least, let him see what is outside… His mercy plea has been pending for the last 12 years. With great respect, it's a complete violation of Article 21 (right to life and liberty). I am requesting some interim relief,” Rohatgi said, terming it a “shocking case” in which the convict has been in custody for 29 years.

Rohatgi pointed out that out of 29 years, 17 years he has been on death row and despite that the government has not disposed of his mercy plea while others’ death penalties have been commuted to life imprisonment by the Supreme Court. He said Rajaona’s earlier petition was disposed of in May 2023 saying the authorities concerned will take action on it in due course but nothing has happened in the last one-and-a-half-year.

The Bench – which also included Justice PK Mishra and Justice KV Viswanathan -- however, deferred the hearing by two weeks after the Punjab Government sought time to respond to Rajaona’s petition.

Stating that Rajoana was convicted of assassinating a sitting chief minister of Punjab, Solicitor General Tushar Mehta said he needed to seek instructions on his petition.

“Decide it either way or we will consider it (Rajoana's plea),” the Bench told Mehta after he said Rajoana's mercy petition was pending before the President.

Convicted of assassinating Beant Singh in 1995, Rajoana -- a former Punjab Police constable -- has been in jail for more than 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”.

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. It had asked the Centre and the Punjab Government to respond to his fresh petition for commutation of his death penalty on the ground that the Centre has failed to take a decision on his March 25, 2012, mercy petition till date.

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.

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.

The MHA 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, it had said.