'Sensitive Matter': SC Grants 4 More Weeks To Centre In Balwant Singh's Mercy Petition
The counsels appearing for Centre today told the court that since the matter is sensitive in nature, more inputs from other agencies were required before a call is taken on the mercy petition.
The Supreme Court on Monday granted four more weeks to the Centre to respond to the petition filed by Balwant Singh Rajoana, a Babbar Khalsa terrorist, seeking commutation of the death sentence awarded to him in the Punjab CM Beant Singh assassination case.
A bench comprising Justice B.R. Gavai, Justice Prashant Kumar Mishra and Justice K.V. Viswanathan adjourned the matter after Additional Solicitor General (ASG) KM Nataraj and Solicitor General (SG) Tushar Mehta appearing for Centre sought more time from the court.
The counsels appearing for Centre today told the court that since the matter is sensitive in nature, more inputs from other agencies were required before a call is taken on the mercy petition.
In the last hearing on November 18, the top court initially passed an oral order directing that the mercy petition should be decided within two weeks by the the President and if the said plea is not decided in the given time then the top court will consider the petition for granting interim relief. However, on a request by SG Mehta, the court did not sign and upload the final order.
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.
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.
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.