Take decision on Balwant Singh's mercy petition by March 18: SC asks Centre

Either you take a decision or otherwise we will hear it on merits, a bench headed by Justice B R Gavai said

The Supreme Court on Monday asked the Centre to take a decision by March 18 on the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of then Punjab chief minister Beant Singh.

"We are granting you time by way of a last chance. Either you take a decision or otherwise we will hear it on merits," a bench headed by Justice B R Gavai told Solicitor General Tushar Mehta, who appeared for the Centre.

The bench, also comprising Justices Prashant Kumar Mishra and K V Viswanathan, was hearing Rajoana's plea seeking directions to commute his death sentence to life term due to the "inordinate delay" in deciding his mercy petition.

At the outset, Mehta referred to the sensitivity involved in the matter and said the mercy petition was under consideration.

He requested the bench to grant six weeks time.

Rajoana's counsel told the bench that he has spent around 29 years in jail.

"We will hear it on merits on March 18," the bench said, adding, "By then, if you can take a decision, well and good. Either way you decide it so that it could facilitate us. Otherwise we will hear it (plea seeking directions to commute death sentence) on merits".

Mehta said the matter relates to murder of a sitting chief minister.

On November 25 last year, the Centre had told the apex court that there was sensitivity involved in the matter related to the mercy petition of Rajoana.

While hearing the petition on November 18 last year, the apex court had put on hold its order asking President Droupadi Murmu's secretary to place before her the mercy petition of Rajoana for consideration.

After the order was passed in the morning on November 18, 2024, the solicitor general had urged the bench that it should not be given effect as there were "sensitivities" involved in the issue.

Mehta had then told the top court that the file was with the home ministry and not the President.

On September 25 last year, the top court sought responses from the Centre, the Punjab government and the administration of the Union Territory of Chandigarh on Rajoana's plea.

The then Punjab chief minister and 16 others were killed in a blast at the entrance of the civil secretariat in Chandigarh on August 31, 1995. A special court sentenced Rajoana to death in July 2007.

In his plea, Rajoana has sought the apex court's direction to the respondent authorities to commute his death sentence "due to inordinate delay" in its execution and in deciding the "mercy petition filed on his behalf".

The plea said consequentially, a direction be issued for his release.

On May 3, 2023, the apex court refused to commute his death sentence and said the competent authority could deal with his mercy plea.

In his fresh plea, Rajoana has said he has undergone a total sentence of about 28 years and eight months, of which 17 years have been served as a death row convict.

He has said that in March 2012, a mercy petition under Article 72 of the Constitution was preferred by the Shiromani Gurdwara Parbandhak Committee seeking clemency on his behalf.

The plea said over a year has elapsed since the top court had directed the competent authority, in due course of time, to deal with the mercy petition filed on his behalf and take further decision thereon.

It referred to an April 2023 order of the top court in a separate matter in which the court had directed all the states and appropriate authorities to decide the pending mercy petitions at the earliest and without any inordinate delay.