SC to re-examine Rajoana’s plea for commuting death penalty

More than 16 months after refusing to commute the death penalty of former Punjab chief minister Beant Singh murder case convict Balwant Singh Rajoana to life imprisonment, the Supreme Court has agreed to re-examine the issue afresh.

A Bench led by Justice BR Gavai has asked the Centre and the Punjab Government to respond to Rajoana’s 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.

Convicted of assassinating Beant Singh in 1995, Rajoana 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”.

“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,” a three-judge Bench led by Justice BR Gavai had said.

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.”

“We also find that the Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration 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 to defer taking any decision at present. 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 had said.

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 on Wednesday 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.