Beant Singh Assassination Case: Supreme Court Defers Balwant Singh Rajoana’s Plea Seeking Commutation of the Death Sentence

On November 04, 2024 (Today), the Supreme Court (SC) bench of Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan deferred the plea filed by Balwant Singh Rajoana to November 18 that sought commutation of the death sentence on the grounds of extraordinary and inordinate delay of 1 year and 4 months in deciding the mercy petition. He was one of the co-accused in a deadly suicide bombing at the Chandigarh secretariat complex in August 1995, wherein the then Chief Minister of Punjab, Beant Singh, and 16 others, lost their lives. During the proceedings, Senior Advocate (SA) Mukul Rohatgi appeared for Balwant Singh Rajoana, Babbar Khalsa terrorist and a death row convict. He said, “This man has been in custody without break for 29 years till today. Originally he was convicted for an offence of bomb explosion in 1996. After conviction...” Before he could complete the sentence, Justice Gavai asked the Punjab Counsel whether a reply had been filed against the notice issued on September 27, to which the counsel replied in negation stating that they could not do the same because of the vacation. After hearing this, Justice Gavai said that the SC is willing to give 2 weeks to the Punjab Government to file a reply. 

Further, While asking for interim relief, SA Rohatgi said, “After 29 years out of which 15 years he has been on death row, they have not disposed of my mercy plea when others have been commuted to life imprisonment in this case by the Supreme Court. And my early petition was disposed of in May 2023 by the bench saying that they(concerned authorities) will take action on the mercy plea in due course. 1 and half years have gone by. A man who is now in 29 years [in jail], release him for 6 months or 3 months. He is a finished person. At least, let him see what is outside....You cannot have complete violation of his Article 21.” On the other hand, Solicitor General Tushar Mehta opposed any interim relief to Balwant Singh Rajoana. The petition said, “It is submitted that this extraordinary and inordinate delay in deciding his mercy petition, for reasons beyond the Petitioner's control and not attributable to him, is an infringement of his right to life guaranteed under Article 21.” 

Moreover, SA Rohatgi argued, “To keep a prisoner on death row for so long violates their fundamental rights according to judgements of this court and is a ground for their sentence to be commuted. Rajoana is entitled to be released from death row forthwith. The moment he gets his commutation order, he can apply to be released since he has already spent 27 years behind bars. It is inhuman. Alternatively, if you wish to wait for the government's response to the mercy appeals, then at the very least, grant the petitioner parole. He wants to go to his village, and he will stay there.” After hearing the contentions, the top court deferred the hearing to November 18, 2024.