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Synopsis

The Supreme Court on Monday granted the Union government four weeks to decide the mercy petition filed by Balwant Singh Rajoana, a death row convict.

A Special Bench led by Justice BR Gavai agreed to defer hearing the case after Solicitor General Tushar Mehta, cited the “sensitivities” involved in the matter.

Last week, top court had asked the President of India to consider Balwant Singh Rajoana, the accused in assassination of former Punjab Chief Minister Beant Singh, mercy petition within two weeks' time.

Noting that no response had come from the Union of India on the issue, Justice BR Gavai led bench had ordered, "Inspite of the matter being specifically kept today none appeared for Union of India. 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 the mercy plea will be decided. As 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."

Earlier this month, the Supreme Court had refused to grant any interim relief to Rajoana, who approached court with a fresh petition seeking to commute his death sentence to life imprisonment

A bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan refused to hear Rajoana's plea without a reply coming from the State of Punjab.

Court had earlier issued notice to the Centre, the Punjab government, and the Chandigarh administration regarding the delay in deciding Rajoana's mercy petition.

Last year in May, Supreme Court had observed that the Central government may at a future date consider death-row convict Balwant Singh Rajoana's mercy petition while dismissing his plea to commute his death sentence. On March 2, 2023, Supreme Court had reserved orders in Rajoana's mercy petition.

A bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol had reserved its verdict after both parties had concluded their arguments.

Senior Advocate Mukul Rohatgi appeared for Rajoana and told the court that he had served 27 years in jail and his mercy petition was filed in 2012 but still had not been decided.

In October 2022, when the matter was taken up by a bench of then CJI UU Lalit, Justice Bhat and Justice Trivedi, the court had noted that the appeals by the co-accused in the case were pending before the Supreme Court and suggested that Singh's plea be taken up with them.

The Court had previously sought the Central Government's response in the mercy petition filed by Rajoana. A then Chief Justice of India UU Lalit led bench had asked the Centre to submit its decision within one day. Court had ordered that an affidavit be filed by a responsible officer.

“We can’t force you to take what decision…but you have to take one”, the then CJI had remarked.

Earlier in May last year, Court had directed the Centre to take a decision on Rajoana's plea in two months without being influenced by pending appeals of other convicts in the case.

Rajoana was convicted in 1995 and has been in jail awaiting his execution. Former Punjab CM Beant Singh and sixteen other people were killed in an explosion outside the Civil Secretariat in Chandigarh in 1995. 

After being sentenced to death in 2007 by a special court, Rajoana's mercy petition has been pending since 2012.

Case Title: Balwant Singh vs. Union of India and Ors.