The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Monday suspended its order directing President Droupadi Murmu's secretary to place before her a mercy petition with regard to death row convict Balwant Singh Rajoana with a request to decide the matter within two weeks.
A bench of Justices B R Gavai, Prashant Kumar Mishra and K V Vishwanathan put on hold the order passed on Monday morning upon a request by Solicitor General Tushar Mehta.
He urged the court that the order should not be given effect as there are "sensitivities" involved in the issue and the matter should be heard on Friday.
He submitted that the file is with the Home Ministry and not with the President.
The court agreed to the request made by Mehta and fixed the matter for further hearing on Monday.
Earlier in the day, the court expressed their displeasure over non appearance of a counsel on behalf of the Union government in a writ petition filed by Rajoana which questioned inordinate delay of 12 years in deciding his mercy petition.
Rajoana is a death row convict in the 1995 assassination case of then Punjab Chief Minister Beant Singh.
The court noted the matter was kept for the day to allow the Union government to apprise the bench as to when the mercy plea would be decided by the President's office.
"Taking into consideration the fact that the petitioner is on death row, we direct the Secretary to the President of India to place the matter before her with a request to consider the same within two weeks," the bench said.
Senior advocate Mukul Rohatgi for the petitioner submitted the Union government has not filed its reply yet. He said other cases had been decided but in the petitioner's case, the government said it is not the right time to decide. "When will it be decided when his life is over," he wondered.
The Punjab government said the Union government had earlier claimed there is a national threat if he is released.
On November 4, the Supreme Court on Monday declined to consider interim relief for Rajoana, who sought commutation of his sentence over inordinate delay in deciding his mercy plea.
Rohatgi, appearing for Rajoana, had said that this is a shocking case as the petitioner has been in custody for 29 years and has never been out of jail.
Solicitor General Tushar Mehta had then submitted that he was required to seek instructions in the matter.
In his submission, Rohatgi had said it is complete violation of Article 21 of the Constitution as his mercy petition is pending consideration for 12 years.
The apex court has issued notice in the matter in September.
Rajoana, 57 years, a member of banned Babbar Khalsa, has been sentenced to death penalty in the case related to assassination of then Punjab Chief Minister Beant Singh.
On May 3, 2023, the Supreme Court had dismissed a plea by Rajoana for commutation of his death penalty in the 1995 assassination case of then Punjab Chief Minister Beant Singh, due to inordinate delay of over 10 year in deciding a mercy petition, saying it is the executive's domain to take a call on such sensitive issues.
On August 31, 1995, in a bomb blast, then Chief Minister of Punjab Beant Singh, along with 16 others, lost their lives and a dozen others were injured.
The petitioner was arrested on January 27, 1996.
The trial court on July 27, 2007 convicted the petitioner along with co-accused Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh and Nasib Singh. The petitioner along with co-accused Jagtar Singh Hawara were awarded death sentence.
The High Court on December 10, 2010 confirmed the conviction and sentence of the petitioner.
However, it commuted the death sentence of Jagtar Singh into life imprisonment.