Supreme Court puts on hold order requesting President to decide on Balwant Singh Rajoana’s mercy plea

New Delhi: The Supreme Court on Monday agreed to not upload its order requesting President Droupadi Murmu to consider within two weeks the mercy petition filed by Balwant Singh Rajoana, a death row convict in the 1995 assassination case of former Punjab Chief Minister Beant Singh and others.

Solicitor General (SG) Tushar Mehta, the second highest law officer of the Centre, made an urgent mention before Justice B.R. Gavai-led Bench when it was about to rise for the afternoon recess.

SG Mehta requested that the matter be taken up for hearing on Friday or next Monday and requested that the order passed in his absence may not be signed and uploaded considering the sensitivities involved.

He added that the batch of files pertaining to Rajona’s mercy petition remained with the Union Home Ministry and not the President’s secretariat.

“Alright, we are not passing that order,” said Justice Gavai-led Bench and posted the matter for hearing on November 25.

Earlier in the day, the Bench, also comprising Justices P.K. Mishra and K.V. Viswanathan, asked the Secretary to the President of India to place before President Murmu the mercy petition filed by Rajona, clarifying that if Rajona’s mercy petition is not decided within two weeks, it will proceed to consider his application for interim release.

It expressed dismay over the non-filing of a response by the Union government in the matter and recorded that on the last date, the plea was adjourned to enable SG Mehta to obtain instructions from the President’s office

The apex was hearing a writ petition filed by Rajona challenging an over 12-year-long delay in deciding the mercy petition seeking commutation of his death penalty.

In an earlier hearing, the top court had granted two more weeks to the government to file its response and said it was not inclined to grant any interim relief at this stage.

In May last year, the Supreme Court had turned down Rajoana’s plea seeking commutation of his death penalty and had said, "It is within the domain of the executive to take a call on such sensitive issues".

It was noted that the Rajoana himself never submitted any mercy petition and the alleged mercy petition of 2012, was filed by the Shiromani Gurdwara Parbandhak Committee (SGPC).

Disposing of the plea, the apex court had directed that the competent authority, in due course of time, would again as and when deemed necessary, deal with the mercy petition, and take a further decision.

Former Punjab Chief Minister Beant Singh, along with 16 others, lost their lives while a dozen others were injured in a bomb blast in August 1995. Rajoana was arrested on January 27, 1996. Rajoana, along with eight others, who had hatched a conspiracy and had executed the bomb blast, were put to trial.

In July 2007, the trial court convicted Rajoana along with co-accused Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh and Nasib Singh. The petitioner along with co-accused Jagtar Singh Hawara was awarded the death sentence.

In death reference, the high court vide judgment dated December 10, 2010, confirmed the conviction and sentence of the petitioner. However, while confirming the conviction of co-accused Jagtar Singh, it commuted the death sentence to life imprisonment.

The other co-accused preferred to appeal before the top court. However, Rajoana did not file any appeal after the judgement of the high court.