Rajoana’s mercy plea: SC pulls up govt, gives 48 hours to decide

A special court had in July 2007 awarded death sentence to Rajoana, along with another terrorist Jagtar Singh Hawara, in the Beant Singh assassination case.

Expressing its displeasure at the delay, the Supreme Court on Wednesday gave the Union government two days to bring on record the progress made in deciding over the mercy plea of Balwant Singh Rajoana, who is on death row in former Punjab chief minister Beant Singh’s assassination case.

Balwant Singh Rajoana, a Babbar Khalsa terrorist was the second human bomb in case the first one would have failed in killing the Congress leader. (HT Photo)

“We gave you two months. And now, two more months have passed...We can’t force you to take a decision but a decision must be made. Give us a report on what has been done under the signature of a responsible officer,” a bench, headed by Chief Justice of India Uday Umesh Lalit, told additional solicitor general (ASG) KM Nataraj.

Nataraj, who was appearing for the central government in the matter, had asked for an adjournment on an argument in the matter that is still under consideration.

At this, the bench, which also included justices S Ravindra Bhat and JB Pardiwala, referred to the court’s order on May 2 when the government was given two months to take a call on Rajoana’s mercy plea without being influenced by the pendency of appeals filed by the co-accused in the case which are still pending before the top court.

A special court had in July 2007 awarded death sentence to Rajoana, along with another terrorist Jagtar Singh Hawara, in the Beant Singh assassination case. Rajoana, a Babbar Khalsa terrorist was the second human bomb in case the first one would have failed in killing the Congress leader. Rajoana was scheduled to be hanged on March 31, 2012.

However, the execution was stayed on March 28, 2012, by the then UPA government at the Centre after Shiromani Gurudwara Prabhandak Committee (SGPC) — the Sikh religious body, filed a mercy petition. The Shiromani Akali Dal, which was then in power in Punjab, had campaigned against his execution.

The President had forwarded the mercy plea to the Union ministry of home affairs (MHA) to take a call on it. Since then, the petition has been pending with the MHA. In the top court, MHA argued that the mercy plea was not filed by Rajoana but by the SGPC on his behalf. It further stated that any decision on his clemency to be considered by the President under Article 72 must await the outcome of the appeals filed by one of his co-accused, Jagtar Singh Hawara, in the Supreme Court.

Rajoana filed a petition in the top court in 2020 relying on a communication issued by the MHA in September 2019 where a decision was taken by the Centre to commute his death sentence to life term, coinciding with the 550th birth anniversary of Guru Nanak Dev.

Responding to it, the Centre told the bench in December 2020 that the papers regarding the commutation were yet to be processed and placed before the President, who is the final authority in the matter. It also argued that the September 2019 decision by MHA will not confer any right on the petitioner since it was not a final decision nor had Rajaona filed the mercy plea himself.