Supreme Court Denies Interim Relief To Babbar Khalsa Terrorist Balwant Singh Rajoana
The court was informed that Rajoana has been in custody without break for 29 years.
The Supreme Court on Monday deferred the plea filed by 57-year-old Babbar Khalsa terrorist Balwant Singh Rajoana seeking commutation of the death sentence on the grounds of "extraordinary" delay of 1 year and 4 months in deciding his mercy petition, which is still pending before the President.
Rajoana was linked to the Babbar Khalsa, a militant Sikh separatist group responsible for violent activities during the insurgency in Punjab. He is convicted in the 1995 assassination case of the then Punjab chief minister Beant Singh.
A bench of Justices B.R. Gavai, Prashant Kumar Mishra and K.V. Viswanathan stated that they would only consider for relief after hearing Punjab government response on the same.
On September 27, the top court had issued notices on the petition filed by Rajoana.
Senior Advocate Mukul Rohatgi appearing for Rajoana termed the delay in deciding the mercy petition by President as "shocking".
The court was informed that Rajoana has been in custody without break for 29 years by his lawyer.
Solicitor general Tushar Mehta, appearing for the Centre informed the court that the mercy plea was likely still under consideration with the President and sought for more time to verify its status.
Justice Gavai asked the Punjab counsel if they have replied to the court notices and filed reply. The court was informed that they could not file a report because of the vacation.
The top court then granted two more week to the Punjab government to file response and said that it would pass order only after hearing Centre and state.
Rohatgi however pressed for an interim relief, saying that he has been in the jail for 29 years and the court should atleast allow him outside for atleast 3-6 months.
He further informed the court that Rajoana has been on death row for nearly 15 years, and yet his mercy plea has not been disposed while others have been commuted to life imprisonment in this case by the Supreme Court.
This is not the first time Rajoana has moved the top court. His previous plea was disposed of in May 2023 by the bench saying that concerned authorities will take action on the mercy plea in due course.
"Release him for 6 months or 3 months. He is a finished person. At least, let him see what is outside...You cannot have complete violation of his Article 21." Rohatgi prayed in court today. But, the top court said that it will not grant any interim relief without hearing the Centre as well as the Punjab government.