UT admn seeks clarity from MHA on clemency to Rajoana

Chandigarh admn is not clear on whether the Centre has recommended commutation of Rajoana’s sentence or given direction for execution of its order after taking prior approval of President

The Chandigarh administration on Wednesday wrote to the Centre seeking clarity over its order on commutation of death sentence of former Punjab chief minister Beant Singh’s killer Balwant Singh Rajoana to life imprisonment.

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Confirming the development, UT home secretary Arun Gupta said, “The administration has written to the ministry of home affairs (MHA) seeking appropriate directions in the Rajoana case.”

The Union government had announced the commutation of Rajoana’s sentence as a goodwill gesture ahead of the 550th birth anniversary celebrations of Guru Nanak.

The MHA’s letter to the UT administration and Punjab, dated September 27, said, “It has been decided that 8 Sikh prisoners be given remission under Article 161 of the Constitution and released from prison. The proposal of commutation of death sentence to life imprisonment of one prisoner is to be processed under Article 72 of the Constitution of India. The state government, union territory administration concerned and centre-state division of the ministry of home affairs are requested to take all required action in this regard.”

The Chandigarh administration is not clear on whether the home ministry had recommended commutation of sentence or given the direction for execution of the order after taking prior approval of President under Article 72 of the Constitution.

“The UT administrator does not have the power to commute prisoners’ sentences under the Constitution. The power rests either with the President under Article 72 or with a state governor under Article 161. It is for the Centre to take a call on this,” said a senior UT official, on condition of anonymity.

As per the UT officials, the Centre has given only in-principle approval to the commutation of Rajoana’s death sentence to the life imprisonment and the UT administrator doesn’t have constitutional authority to implement this approval.

“As Rajoana was sentenced to death for a crime committed in Chandigarh, the UT can make a case for commutation of the death sentence and forward it to the Centre for the President’s approval. But, this can only be done if the MHA makes clear direction to this effect,” the official added.

Rajoana, the prime conspirator in the Beant Singh assassination case, was awarded death sentence by special CBI court in Chandigarh on July 31, 2007. The sentence was upheld by the Punjab and Haryana high court on October 12, 2010.