New Delhi: The Supreme Court on Monday put on hold its order directing secretary of President Droupadi Murmu to place before her the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of the then Punjab Chief Minister Beant Singh, for consideration.
A bench led by Justice BR Gavai passed the order in the morning. Later, Solicitor General Tushar Mehta requested the court that it should not be given effect as there are "sensitivities" involved in the issue and the matter should be heard on Friday, and informed the court that the file is with the Home Ministry and not with the President. The apex court agreed to the request made by Mehta and scheduled the matter for further hearing on Monday.
Earlier during the day, the apex court had requested President Droupadi Murmu to decide on the pending mercy petition of Balwant Singh Rajoana, a Babbar Khalsa sympathiser, convicted in the 1995 assassination of former Punjab Chief Minister Beant Singh, within two weeks.
A bench comprising justices BR Gavai, Prashant Kumar Mishra and KV Vishwanathan, said that if no decision is made before the next hearing on December 5, then the court would consider Rajoana’s plea to release him temporarily.
The apex court, during the morning session, had expressed its discontent over the non-appearance of a counsel, on behalf of the Union government, in a petition filed by Rajoana. Rajoana moved the apex court questioning the inordinate delay of 12 years in deciding his mercy petition.
"Despite the matter being specifically kept today, none appeared for the Union of India. The bench was assembled only for this case. On the last date, the matter was adjourned to enable the Union of India to take instructions from the office of the President as to how long it would take for the mercy petition to be decided. However, nobody appeared for the Union Government today," said the bench.
The apex court directed the secretary of the President to place before her the mercy petition of death row convict Balwant Singh Rajoana, for consideration. The bench, in its order, said taking into consideration that the petitioner has been on death row, “We now direct the secretary, the President, to place the matter before the President with a request to consider the matter within two weeks.”
The bench said in the event no decision is taken, then it will consider the matter for interim relief sought by Rajoana. During the hearing, senior advocate Mukul Rohatgi, representing Rajoana, sought interim relief for his client and cited the prolonged delay. He said others convicted in the same case were granted relief by this court and the apex court converted their death sentences to life imprisonment, and now they are out. “How is this delay justifiable for my client?”, said Rohatgi.
The counsel, representing the Punjab government, sought to distance itself from the matter. “We have no role to play. It is for the Union government to decide as they say it is pending with the President”, said the state’s counsel.
However, the bench said, “The offence happened in Punjab. The Union government filed an affidavit previously saying it’s a matter of national security. How do you say you don’t have any role?”
Rajoana was linked to the Babbar Khalsa, a militant Sikh separatist group, responsible for violent activities during the insurgency in Punjab. The Centre has maintained that his release is a matter of national security and linked it to the concerns regarding the resurgence of pro-Khalistan sentiment.
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