'Sensitive Matter' : Union Seeks More Time On Balwant Singh's Mercy Petition; Supreme Court Adjourns Hearing By 4 Weeks

The Supreme Court today (November 25) adjourned by four weeks the petition filed by Balwant Singh Rajoana, Babbar Khalsa terrorist, seeking commutation of the death sentence awarded to him in the Punjab CM Beant Singh assassination case. He is seeking commutation on the ground of delay in considering the mercy petition filed by him.A bench comprising Justice B.R. Gavai, Justice Prashant Kumar Mishra and Justice K.V. Viswanathan granted the adjournment after Additional Solicitor General KM Nataraj, appearing for the Union long with Solicitor General Tushar Mehta, requested time, saying that the matter is "sensitive" and more inputs from other agencies are required. On November 18, the Court initially directed that the mercy petition, pending before the President, be decided within two weeks. The Court added that if the mercy petition is not considered within the time stipulated, the Court will consider the petition for granting interim relief. However, after the order was passed in open Court, an urgent mentioning was made by Mehta. Saying that there are "sensitivities" involved in the issue, Mehta requested that the order be not signed and uploaded. Agreeing to this, the Court refrained from finalising and uploading the order.About RajoanaSingh, 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.On September 27, the bench had issued notice on this petition. It came up for hearing on November 4 but the Union sought some time to take instructions in regards to how much time the President of India will decide the mercy petition.Previous hearings On November 18, at the outset, when the Court was apprised that there was no response from the Union of India, Justices Gavai and Viswanathan expressed their dismay and stated that the special bench was constituted for this purpose only and the Court had deferred hearing the matter on the last occasion only because Union sought some time.Justice Viswanathan orally remarked: "[The Union] has taken [the matter] so casually."Senior Advocate Mukul Rohatgi (for Rajaona) submitted that there has been no reply from the Union. The counsel for the State of Punjab responded that the Union has to respond in this case. He added, "we have no role to play. We are State of Punjab. The mercy petition is with the President."On this, Justice Gavai said: "The Solicitor had to appear in this matter. On the last date, we were told..."Considering the absence of the Union, Rohatgi suggested: "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 Bhullar's case[Devenderpal Singh Bhullar], was converted to life by a curative petition on the grounds of unexplained delay for 8 years. My mercy petition by Gurudwara Prabandhak Committee is from 2012. We are in 2024. This man his not seen the light of the day outside jail."He added: "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,"Specifically on Rohatgi's arguments on national security, Counsel for Punjab responded: "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."Justice Gavai first questioned why the State of Punjab says it has no role in this case. To this, the Counsel responded that the notice was issued to them because the petitioner is in one of the jails in Punjab. He added that the offence took place in Punjab but the trial and conviction took place in Chandigarh. That's why, Chandigarh is also a party.The bench stated that the special bench was constituted only for this matter but refused to grant any interim relief as sought by Rohatgi.The Court 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, Secretary, the President of India to...

'Sensitive Matter' : Union Seeks More Time On Balwant Singh's Mercy Petition; Supreme Court Adjourns Hearing By 4 Weeks

Gursimran Kaur Bakshi

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