The Supreme Court on Monday ordered the Central government to decide on the mercy petition of Balwant Singh Rajoana, sentenced to death for the assassination of Punjab Chief Minister Beant Singh, preferably within two months.
A three-judge Bench led by Justice U.U. Lalit asked the Centre to decide the mercy plea without being influenced by the fact that the appeals of the other convicts in the case were still pending.
Rajoana has been in jail for over 25 years. The mercy petition was filed in 2012. The plea for Presidential mercy has been been in limbo despite the government having decided over a year ago, in 2019, to spare his life in commemoration of the 550th birth anniversary of Guru Nanak Dev Ji.
‘Requests met with silence’
In his petition to the Supreme Court from his cell, Rajoana had said his repeated requests made to the government about the fate of the mercy plea was met with silence. He had called the delay “inexplicable”.
The court said the law was settled that once the government had decided to recommend a Presidential pardon for a condemned man, the pendency of appeals in the Supreme Court of his co-accused cannot delay the process initiated under Article 72 ([Presidential pardon] of the Constitution.
The court had taken serious exception about the government’s delay in coming to a decision and sought an action taken report by April 30. The court had warned that the Home Secretary and the Director (Prosecution) of the CBI would have to be present in court if the government did not respond.
Plea filed by organisation
However, the government had argued that the mercy petition was filed by an organisation and not Rajoana. It had again taken up the argument that the appeals of fellow convicts in the case was still in limbo.
The court, however, countered that though the mercy plea was filed by an organisation on behalf of Rajoana, the government had communicated with him directly on several occasions. Besides, the Bench said the current writ petition being heard was filed by Rajoana himself.
The Bench also pointed to a December 4, 2020 order in the case in which the court said Rajoana’s mercy plea could be considered despite the pendency of the appeals by other convicts in the case.
The court scheduled the next hearing in July.
