New Delhi: The Supreme Court on Monday directed the Union government to take a decision within two weeks on granting pardon to Balwant Singh Rajoana, who has been awarded death sentence for the assassination of former Punjab chief minister Beant Singh in 1995.
According to news agency PTI, the apex court stated that pending appeals of co-convicts would not come in way of deciding Balwant S Rajoana's plea to commute his death sentence.
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A bench headed by Justice Uday Umesh Lalit stated that the pendency of appeals of other co-convicts in the apex court in the case would not come in the way of authorities in deciding Rajoana's plea, PTI reported
Rajoana, a former Punjab police constable, was convicted for his involvement in an explosion outside the Punjab civil secretariat that killed Beant Singh and 16 others on August 31, 1995.
The top court has been hearing Rajoana's plea seeking commutation of the death sentence to life term on the ground that he has been in jail for 26 years.
The order comes after the Supreme Court in March directed the Union government to immediately take a decision on granting pardon to Balwant Singh Rajoana, asking it to file an action taken report on the decision.
A further hearing was listed for May 2 in case the Centre fails to make a decision.
A bench of Justices UU Lalit, S Ravindra Bhat, and PS Narasimha had directed Union Home Secretary and Director (Prosecution) CBI to remain present in Court for the hearing.
"Action Taken Report and the decision in terms thereof shall be placed on record of this case on or before April 30, 2022, failing which the concerned Secretary, Department of Home Affairs, Government of India, and the Director (Prosecution), Central Bureau of Investigation shall remain personally present along with the concerned record in the Court on the next occasion. List this matter for further consideration on May 2, 2022," the bench had stated in its order, as quoted by news agency ANI.
The apex court had expressed displeasure over the government not taking any clear stand despite being given time by the court to do so.
"Nothing has been done in the matter and the counsel appearing for Union of India has no clear instructions. We direct that the matter shall immediately be looked into by the concerned authorities including the Government of India and the Central Bureau of Investigation (CBI)," the Supreme Court had stated.
Rajoana moved to the top court two years ago seeking implementation of a decision taken by the Union Ministry of Home Affairs (MHA) in September 2019 to commute his death sentence to life imprisonment.
Earlier as well, the top court has stated that it is untenable on part of the Centre to take a stand that the proposal for the commutation of the death sentence of Rajoana, a former Punjab Police constable, was not processed because of the pendency of appeals of co-accused in Beant Singh killing case.
The bench had pointed out that once the government has decided to recommend a Presidential pardon for a condemned man, the pendency of appeals in the Supreme Court of his co-accused cannot delay the process initiated under Article 72.
On July 27, 2007, a Chandigarh court had awarded a death sentence to Rajoana which was upheld by the Punjab and Haryana High Court on October 12, 2010.
Rajoana has not filed an appeal against the order and instead, filed a mercy petition before the President.
On the occasion of the 550th birth anniversary of Guru Nanak Dev in September 2019, the Union government had decided to commute the death penalty awarded to Rajoana to a life sentence.
As the decision is yet to be implemented, the convict approached the apex court seeking commutation of sentence to life imprisonment for the failure on part of the Union government.
Both Shiromani Gurudwara Prabandhak Committee (SGPC) and Delhi Sikh Gurudwara Management Committee (DSGMC) had filed mercy petitions for Rajoana.
(With Agency Inputs)