Beant case: SC puts on hold its order to President’s secy on Rajoana plea
After the order was passed in the morning, solicitor general Tushar Mehta urged that it should not be given effect as there are “sensitivities” involved in the issue and that it be heard on Friday.
The Supreme Court on Monday put on hold its order directing President Droupadi Murmu’s secretary to place before her the mercy petition of death row convict Balwant Singh Rajoana, convicted in the 1995 assassination case of then Punjab chief minister Beant Singh, for consideration.
After the order was passed in the morning, solicitor general Tushar Mehta urged that it should not be given effect as there are “sensitivities” involved in the issue and that it be heard on Friday.
Mehta told the bench that the file is with the home ministry and not the President.
The bench agreed to the solicitor general’s request and posted the matter for hearing on Monday.
Earlier in the day, a bench of justices BR Gavai, PK Mishra and KV Viswanathan requested the President to consider the plea within two weeks. “In spite of the matter being specifically kept today (Monday) none appeared for Union of India. The bench assembled only for this case,” it said.
“On the last date, the matter was adjourned to enable the Union to take instructions from the office of the President as to by when will mercy plea be decided. Taking into consideration that the petitioner is on a death row, we direct the secretary to the President of India to place the matter before the President with a request to consider the same within two weeks from today,” the bench had said.
On September 25, the top court had sought responses from the Centre, the Punjab government and the administration of the Union Territory of Chandigarh on Rajoana’s plea.
The then Punjab chief minister and 16 others were killed in a blast at the entrance of the civil secretariat in Chandigarh on August 31, 1995.
A special court sentenced Rajoana to death in July 2007.
Rajoana has said that a mercy petition under Article 72 of the Constitution was moved by the Shiromani Gurdwara Parbandhak Committee (SGPC) on his behalf in March 2012.
On May 3 last year, the apex court had refused to commute his death sentence and said the competent authority could deal with his mercy plea.