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Supreme Court Defers Balwant Singh Rajoana's Plea For Death Penalty Commutation By 6 Weeks

LIVELAW NEWS NETWORK

12 Feb 2021 6:52 AM GMT

    • Supreme Court Defers Balwant Singh Rajoanas Plea For Death Penalty Commutation By 6 Weeks

    The Supreme Court on Friday deferred the hearing on the petition filed by death row convict Balwant Singh Rajoana seeking commutation of death penalty, after the Central Government requested the bench to await the decision of the President of India on his mercy petition.The Solicitor General of India, Tushar Mehta, informed a bench headed by the Chief Justice of India that the government...

    The Supreme Court on Friday deferred the hearing on the petition filed by death row convict Balwant Singh Rajoana seeking commutation of death penalty, after the Central Government requested the bench to await the decision of the President of India on his mercy petition.

    The Solicitor General of India, Tushar Mehta, informed a bench headed by the Chief Justice of India that the government has started the process and that the President will take a decision on the mercy petition.

    The SG mentioned that Balwant Singh was awarded death penalty for assassinating a Chief Minister of Punjab in 1995, possibly out of Khalistani sentiments. The SG urged the Court to adjourn the hearing "under the present circumstances"(seemingly hinting at the ongoing agitation by Punjab farmers against the Centre's farm laws).

    "Government has started the process. The Hon'ble President will take the decision. I will request Mr. Rohatgi(petitioner's counsel) also to listen to my submission between the lines", the SG said at the outset when the matter was taken.

    "The petitioner is accused of assassination of a Punjab Chief Minister, possibly due to Khalistan issue. Your lordship may await the President's decision", the SG added.

    When the CJI asked if the SG can give a time-frame for the decision, he replied that he can only speak for the Government and not the President.

    Senior Advocate Mukul Rohatgi, appearing for the petitioner, highlighted that his mercy petition had been pending for nearly nine years and submitted that the matter should not be adjourned beyond two weeks.

    Ultimately, the bench, also comprising Justices AS Bopanna and V Ramasubramanian, adjourned the hearing by six weeks. On the last hearing date, January 25, the bench had said that no further time will be given for the Centre while adjourning the hearing for two weeks.  Earlier, the Court had asked the Centre to come out with a decision by the Republic Day.

    The bench was hearing a writ petition filed by Balwant Singh seeking commutation of his death penalty on the ground that his mercy petition had been pending before the President of India for over eight years.
    The SG had said on January 25 that time was required as a "decision either ways will have some repercussions on the present circumstances".

     

    Balwant Singh Rajoana was sentenced to death for the murder of former Punjab chief minister Beant Singh in a bomb explosion in Chandigarh on August 31, 1995.

    Senior Advocate Mukul Rohatgi, appearing for Rajoana, had earlier submitted that the the petitioner has been in custody for nearly 25 years and that his mercy plea before the President has been kept undecided for over eight years.Therefore, Rajoana is entitled to commutation of death penalty as per the SC decisions in Shatrughan Chouhan and Sriharan cases on account of delay in deciding the mercy petition.
    In 2014, the Supreme Court commuted the death penalty of Perarivalan and two other convicts who had spent over twenty years in death row in the Rajiv Gandhi assassination case to life sentence on the ground of inordinate delay in deciding their mercy petitions.














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    Balwant Singh RajoanaSupreme Court of IndiaMercy PetitionArticle 72
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