The Supreme Court on Wednesday asked the Centre to explain why Balwant Singh Rajoana, convicted for the 1995 assassination of former Punjab chief minister Beant Singh, has not been executed despite being on death row for more than 15 years.
A bench comprising Justices Vikram Nath, Sandeep Mehta and N.V. Anjaria posed sharp questions after Additional Solicitor General K.M. Nataraj described the offence as “serious.” The judges asked, “Why did you not hang him till now? Who is to blame for that? At least, we have not stayed the execution.”
Rajoana, who has been in prison for nearly 29 years, was sentenced to death by a special court in July 2007. His plea before the top court seeks commutation of his death sentence to life imprisonment, citing the inordinate delay in deciding his mercy petition.
Senior advocate Mukul Rohatgi, appearing for Rajoana, highlighted that no decision has been taken on his client’s mercy plea, which has been pending for years. He told the bench that the apex court had earlier emphasised that mercy petitions must be decided within a reasonable time frame.
“One does not know what is going on,” Rohatgi submitted, adding that it was unclear whether Rajoana was in solitary confinement or in sound mental condition. He argued, “If the death sentence has to go, commutation must happen. If commutation happens, he can come out.” Stressing that the issue was not political, he said, “Rajoana is an Indian citizen. This is not an India-Pakistan issue.”
The Shiromani Gurdwara Parbandhak Committee (SGPC) had filed a mercy petition on Rajoana’s behalf in March 2012 under Article 72 of the Constitution. The Centre has repeatedly told the court that the petition remains under consideration due to the sensitivity of the matter. On January 20 this year, the Supreme Court again directed the government to take a decision, but no finality has been reached.
Last September, the court sought responses from the Centre, the Punjab government and the Union Territory of Chandigarh administration on Rajoana’s plea. On May 3, 2023, however, the apex court refused to commute his death sentence and said the competent authority could decide on his mercy plea.
Beant Singh, along with 16 others, was killed on August 31, 1995, in a powerful blast at the entrance of the Punjab civil secretariat in Chandigarh. Rajoana was found guilty as part of the conspiracy and has remained in jail since his arrest.
In his latest petition, Rajoana underscored that he has already served more than 28 years in custody, including over 15 years under the shadow of the gallows, which he contends constitutes cruel and inhuman punishment.
Posting the matter for October 15, the bench made it clear that the case would not be adjourned at the Centre’s request. ASG Nataraj assured the court that he would seek instructions and apprise it of the status of the mercy petition.
