1995 Punjab Chief Minister Beant Singh’s Assassination Case: SC Urges the President to Decide Balwant Singh Rajoana’s Mercy Petition within 2 Weeks

Today (November 18, 2024), the Supreme Court (SC) of India urged the President of India to decide the mercy petition of Balwant Singh Rajoana, a death row convict in 1995 Punjab Chief Minister Beant Singh’s assassination case, within 2 weeks. The bench of Justice BR Gavai, Justice KV Viswanantha, and Justice Prashant Kumar Mishra said that if the mercy petition is not decided within two weeks, the top court will consider the petition for interim relief. Earlier on November 04, the SC bench deferred the plea seeking commutation of the death sentence on the grounds of extraordinary and inordinate delay of 1 year and 4 months in deciding the mercy petition to November 18. During the proceedings, Senior Advocate (SA) Mukul Rohatgi, who appeared for a Babbar Khalsa terrorist and death row convict Balwant Singh Rajoana, submitted that there has been no reply from the Union. The SC bench also expressed dismay after noting that the Union had not responded to the matter even though the special bench was constituted only for this purpose. Following, the counsel appearing for Punjab said, “We have no role to play. We are the State of Punjab. The mercy petition is with the President.” 

Further, after noting the union’s absence, SA Rohatgi said, “If the State has no objection, let's proceed further. Because the communication was addressed to them many years ago...They have not responded. 28/29 years have gone by. Persons who are in the same batch, who were convicted for death in Bulhar's case, were converted to life by a curative petition on the grounds of unexplained delay for 8 years. My mercy petition by the Gurudwara Prabandhak Committee is from 2012. We are in 2024. This man has not seen the light of the day outside jail.” SA Rohatgi also said, “With due respect to the judgment of this Court, in our case, I don't expect the death of the current prisoner to say that I have not moved the mercy petition. There is no difference...Somebody can move it on my behalf or it could be suo moto. We have the example of the same batch where this Court has converted death into life [imprisonment]. The Government says this is not the time to decide. When will you decide? When his life is over? This is not a case of national security...He's only one left on death row.”

Hearing this, the counsel appearing for Punja State said, “An affidavit was filed by the Union, wherein a national threat was stated in the affidavit that there is national threat on release of this person.” After hearing the contentions, Justice Gavai asked the counsel appearing for the State of Punjab, Why Punjab has no role in this case. The Counsel replied that the offence occurred in Punjab but the trial and conviction occurred in Chandigarh. Lastly, the SC ordered, “The bench has been specifically assembled only for this matter. On the last date, the matter was adjourned so as to enable the Union of India to take instruction from the office of the Hon'ble President of India as to within how much period the mercy petition of the petitioner would be decided. We therefore direct, the Secretary, the President of India to place the matter before the Hon'ble President within a request to consider the same within 2 weeks from today. We clarify that in the event no decision is taken on the next date, we will consider the prayers made by the petitioner for interim relief.”