Balwant Singh Rajoana.
Credit: X/@thind_akashdeep
New Delhi: The Supreme Court on Monday declined to consider interim relief for Balwant Singh Rajoana, a convict in the assassination of former Punjab Chief Minister, seeking commutation of his sentence over inordinate delay in deciding his mercy plea.
A bench of Justices B R Gavai, Prashant Kumar Mishra and K V Vishwanathan granted two more weeks time to the Punjab government to file its response.
The court also refused to consider a plea for interim relief without hearing the counsel for the State.
Senior advocate Mukul Rohatgi, appearing for Rajoana, submitted that this is a shocking case as the petitioner has been in custody for 29 years and has never been out of jail.
"Please grant him some interim relief. Let him see what is outside," he said.
The bench said no interim relief can be granted at this stage.
The court asked the Punjab government counsel if the state government has filed the response to the plea. As the counsel sought time for the purpose, the bench fixed the matter for consideration on November 18.
Solicitor General Tushar Mehta submitted that he was required to seek instructions in the matter. He opposed the plea for interim relief.
In his submission, Rohatgi 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 CM Beant.
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 Beant, 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, 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.