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Supreme Court grants Centre six weeks to decide on Rajoana's pardon
The Centre told the Court on Friday that the mercy petition for pardoning Rajoana was still pending with the President of India.
The Supreme Court on Friday gave the Centre six more weeks to decide on granting pardon to Balwant Singh Rajoana, accused of killing former Punjab chief minister Beant Singh in August 1995.
The Centre told the Court on Friday that the mercy petition for pardoning Rajoana was still pending with the President of India. Appearing before a three-judge bench headed by Chief Justice of India (CJI) SA Bobde, Solicitor General Tushar Mehta said, “The petitioner is accused of assassination of former Chief Minister Beant Singh of Punjab possibly over differences over the Khalistan issue. Since the President will take his own decision, the Court may await the decision of the President.”
The bench, also comprising Justices AS Bopanna and V Ramasubramanian, asked Mehta, “Can you indicate a time-frame.” Mehta requested the Court to have it after six weeks. Senior advocate Mukul Rohatgi who appeared for Rajoana opposed this request claiming that the man has been in jail for over 25 years. The mercy plea filed on his behalf by various Sikh organizations and individuals have been pending decision since March 2012. Rajoana has neither moved any mercy petition nor appealed against his death sentence before any Court.
This is the second consecutive adjournment request by the Centre. On January 8, the Centre informed the Court that the Ministry of Home Affairs had processed the file at its end. On January 25, when the matter was next heard, the Centre sought three weeks claiming, “The government is examining the matter. Under the present circumstances please have it after three weeks.”
The Shiromani Gurdwara Prabandhak Committee, Amritsar and the Delhi Sikh Gurdwara Management Committee had moved separate mercy pleas seeking pardon for Rajoana in March 2012. The petitions were filed before the President of India under Article 72 of the Constitution. On March 27, 2012, the President’s Secretariat forwarded the two mercy petitions along with several similar appeals received from various organizations and individuals supporting Rajoana’s release to the Ministry of Home Affairs.
In his petition filed through advocate Rupesh Kumar, Rajoana had stated that on September 27, 2019, the Centre wrote a letter to Punjab Chief Secretary affirming that the mercy plea of Rajoana is to be processed under Article 72 of the Constitution coinciding with the 550th birth anniversary of Guru Nanak Dev. When the same was not done, Rajoana came to the top court to remind the Centre of its resolve.
Rajoana was sentenced to death on July 27, 2007, when the trial court found him and his associate Jagtar Singh Hawara guilty of killing the former Chief Minister by triggering a bomb blast at the Punjab and Haryana Civil Secretariat on August 31, 1995. Later, on October 12, 2010, the Punjab and Haryana High Court confirmed the death penalty on Rajoana.
