SC raps Centre over delay in deciding Rajoana mercy plea
New Delhi, Sept. 25 -- The Supreme Court on Wednesday observed that the Centre alone was responsible for the delay in taking a decision on the mercy petition of Balwant Singh Rajoana, a Babbar Khalsa sympathiser on death row for the 1995 assassination of former Punjab CM Beant Singh, and told the government that it was for the executive, not the court, to take a call on his execution.
A bench of justices Vikram Nath, Sandeep Mehta and NV Anjaria pressed additional solicitor general (ASG) KM Nataraj, appearing for the Centre and the Central Bureau of Investigation (CBI), to clarify why the government had neither acted on the mercy plea nor proceeded with his execution. "Who is responsible for the delay? We did not stay the execution. You had to take a call," the bench told Nataraj, adding that earlier directions of the court, including one by a bench led by then chief justice UU Lalit in 2022, required the Centre to decide on the matter.
The issue of Rajoana's release carries significant political and national security implications. He was linked to the Babbar Khalsa, a militant Sikh separatist group responsible for violent activities during the insurgency in Punjab. His release is a sensitive issue for both the families of terrorism victims and the political dynamics in Punjab, raising concerns about the resurgence of pro-Khalistan sentiment.
Appearing for Rajoana, senior advocate Mukul Rohatgi stressed the prolonged incarceration of the 58-year-old convict. "This man has been in jail for 29 years, on death row for 15 years. When I came earlier, your lordships had said that he hasn't moved the mercy petition himself. With great respect, that is contrary to the provision. The law says it doesn't matter who moves it. The matter must be considered," Rohatgi argued.
When the ASG said that Rajoana was "responsible for killing a chief minister" and that riots followed Beant Singh's assassination, Rohatgi countered: "Then you should have executed him. Why keep him on death row forever? He has to be dealt with like a human being. He is also a citizen of this country and should be treated equally in law."
Responding, Nataraj emphasised that the charges against Rajoana were "very serious". The bench remained unconvinced with the Centre's stance.
The court then gave ASG Nataraj more time to come back with instructions in the matter but made it clear that no further adjournments would be permitted. "List this matter again on the 15th of October. It is made clear that matter would not be adjourned at the instance of the respondents..." the order stated....
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