New Delhi:The Supreme Court on Monday declined to grant interim relief to Balwant Singh Rajoana, without hearing the central government’s response regarding the status of his pending mercy plea. Rajoana, a sympathiser of the Babbar Khalsa militant group, sought commutation of his death sentence to life imprisonment in connection with his role in the 1995 assassination of former Punjab chief minister Beant Singh.
The matter came up for hearing before a three-judge bench led by Justice B R Gavai. Rajoana, a former Punjab Police constable who has been in jail for 29 years awaiting execution, in his plea, contended that the Centre has not taken a decision on his March 25, 2012 mercy petition till date.
Today, at the outset, senior advocate Mukul Rohatgi, representing Rajoana, vehemently argued that the delay in deciding the mercy petition is "shocking", and contended that he has been in custody without break for 29 years and pressed for temporary release of Rajoana.
Punjab government counsel informed the bench that state has not filed its response in the matter so far and sought time for it.
The apex court made it clear that it will not pass any orders in the absence of affidavits from the Centre and Punjab government on Rajoana’s plea demanding his release.
The bench, also comprising Justices PK Mishra and KV Viswanathan, said that the court needs clarity on the mercy plea status before any decision is taken and added that it will give two weeks’ time to the respondents to file their response.
Rohatgi said he has an urgent request and added that out of 29 years’, 15 years’ his client has been on death row and “they have not disposed of my mercy plea when others have been commuted to life imprisonment in this case by the Supreme Court….”.
Rohatgi said his client's earlier petition was disposed of in May 2023, by the bench saying that they will take action on the mercy plea in due course.
"One-and-half years have gone by…release him for six months or three months. He is a finished person, at least let him see what is outside the jail. You cannot have a complete violation of Article 21”, said Rohatgi.
Solicitor General Tushar Mehta, representing the Centre, said that Rajoana is guilty of the assassination of the sitting chief minister of Punjab and added, "Let me take instructions, what is the position (of the mercy plea). It is possible with the President house”. Rohatgi said it has been with the President’s house for the last 12 years’.
Justice Gavai said: “It could be decided either way, otherwise we will consider”. Rohatgi said he is requesting for some interim relief. “Not without hearing them (Centre). Let it be after two weeks’….”, said Justice Gavai.
After hearing submissions, the bench scheduled the matter for further hearing on November 18, allowing the Centre and Punjab government to clarify their respective positions.
Rajoana was linked to the Babbar Khalsa, a militant Sikh separatist group responsible for violent activities during the insurgency in Punjab. His release is a sensitive issue for both the families of terrorism victims and the political dynamics in Punjab.
