Why Rajoana’s mercy petition before President is hanging fire

Convicted of assassinating the then Punjab Chief Minister Beant Singh in 1995, Balwant Singh Rajoana has been in jail for more than 28 years, awaiting his execution since 2006 when the Supreme Court upheld the death penalty awarded to him. His mercy petition has been hanging fire for the last 12 years as the President failed to take a call on it.

Under Article 72 of the Constitution, the President has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. However, there is no limitation of time within which the power under Article 72 may be exercised.

However, Rajoana is not the only death row convict whose mercy petition is pending before the President. The Ministry of Home Affairs had in February 2022 informed the Lok Sabha that four mercy petitions are pending under article 72 of the Constitution of India — one each filed in 2012 and 2015 and two filed in 2021.

Reasons for delay

Firstly, Rajaona’s mercy petition was filed by the SGPC and not by the convict himself. The Centre had taken exception to it and said that it can’t be decided until the appeals of other convicts were decided by the top court. Even the Supreme Court took note of it in May 2023 when it rejected his plea for commuting his death sentence to life imprisonment.

Secondly, in view of the prevailing situation, the MHA had been of the view 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 in Punjab – which has faced militancy for decades.

Thirdly, the MHA maintained that Rajoana did not deserve any mercy in view of his conduct as he expressed in specific terms that he had no faith in the judiciary and that he did not regret at all being part of the crime. He had also allegedly talked in contemptuous terms before the High Court which had been duly recorded.

SC rejected his plea in 2023

The top court had in May 2023 turned down his plea for commuting his death sentence to life imprisonment, saying, the MHA’s stand to defer the decision on Rajaona’s mercy petition actually amounted 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.”

As the President has not taken a call on his mercy plea since May 2023, Rajoana has filed a fresh plea seeking commutation of his death penalty to life imprisonment.

Though there is no limitation provided for under Article 72 for the President to take a decision on mercy petitions, the Supreme Court has ruled that that a convict can’t be kept waiting for the gallows and inordinate delay in his/her execution is a ground for commuting the death penalty to life sentence.