'No Interim Relief Without Hearing': Supreme Court Adjourns Balwant Singh's Plea To Commute Death Sentence In Punjab CM Assassination Case

The Supreme Court today (November 4) deferred the plea filed by Balwant Singh Rajoana, 57 years, Babbar Khalsa terrorist and a death row convict, to November 18.A bench of Justices B.R. Gavai, Prashant Kumar Mishra and K.V. Viswanathan stated that they would only consider for relief after having heard the matter.The Court had issued notices on September 27 in a petition filed by Rajoana, 57 years, Babbar Khalsa terrorist and a death row convict, in a petition under Article 32 seeking commutation of the death sentence on the grounds of 'extraordinary' and 'inordinate delay' of 1 year and 4 months in deciding his mercy petition, which remains pending before the President of India.Senior Advocate Mukul Rohatgi (for Rajoana) termed the delay in deciding the mercy petition as "shocking". 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 Rohatgi could complete, Justice Gavai asked the Punjab Counsel if a reply had been filed against the notice issued. The Counsel replied that they could not file a report because of the vacation.On this, Gavai expressed that the Court is willing to give 2 weeks for State of Punjab to file a reply. Rohatgi then pressed for an interim relief. He 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."Solicitor General of India Tushar Mehta vehemently opposed any interim relief to Rajoana.The petition also seeks his consequential release on the grounds that he has undergone a total sentence of 28 years & 08 months as of date, of which 17 years have been served as a death row convict in an 8” x 10” capital punishment cell, including 2.5 years in solitary confinement. The petition says: "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."Singh, a police officer in Punjab, was convicted on July 27, 2007 by a special Central Bureau of Investigation Court, under Sections 120-B, 302, 307 of the Indian Penal Code, 1860 and Sections 3(b), 4(b) and 5(b) r/w 6 of the Explosives Substances Act, 1908 for an incident involving a deadly suicide bombing at the Chandigarh secretariat complex on August 31, 1995, wherein the then Chief Minister of Punjab, Beant Singh along with 16 others, lost their lives.Out of 15 accused persons named in the FIR, Balwant Singh Rajoana along with 08 others, were put to trial and convicted for the aforesaid offences. In contrast, others were sentenced to life imprisonment. Along with Rajoana, co-accused Jagtar Singh Hawara, who was reportedly the mastermind behind the operation, was also sentenced to death.At the same time, co-accused Shamsher Singh, Gurmeet Singh, and Lakhwinder Singh were awarded life imprisonment. The verdict was delivered inside the high-security Burail jail in Chandigarh. In total, 15 were convicted.The assailant was one Dilawar Singh, a police officer, who along with two other officials of the Punjab police, namely, Rajoana and one Lakhwinder Singh, had, allegedly in response to Operation Bluestar and the anti-Sikh pogrom in Delhi in 1984, was tasked with executing the Congress leader, known for his robust counterterrorism policies. Rajoana, a police constable, was not only responsible for ensuring that Singh reached the chief minister after crossing the security ring in the complex but was also equipped with a backup explosive device in case the first plan failed. Separatist group Babbar Khalsa International, whose primary goal is to establish a sovereign homeland called Khalistan for people of their faith, took responsibility for the assassination.The Punjab & Haryana Court confirmed Rajoana's conviction on October 12, 2010. However, while confirming the conviction of a co-accused Jagtar Singh Hawara, the High Court commuted the death sentence to life imprisonment.Singh did not file an appeal against the High Court's order. He counsel and refused to defend himself against the charges levelled by the State, in a display of open derision of the Indian judicial systemThereafter, on March 5, 2012, a death warrant for executing his sentence was issued. However, on March 25, the same year, the Shiromani Gurudwara Prabandhak Committee ('SGPC') preferred a mercy petition under Article 72 of the Constitution of India seeking clemency on ...

'No Interim Relief Without Hearing': Supreme Court Adjourns Balwant Singh's Plea To Commute Death Sentence In Punjab CM Assassination Case

Gursimran Kaur Bakshi

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