Balwant Singh’s lawyer tells the Supreme Court that he is a completed person and should at least be allowed to see the outside world before facing his death sentence.
The Supreme Court has postponed the hearing on a Writ Petition from Balwant Singh Rajoana, who was convicted for the 1995 murder of Punjab Chief Minister Beant Singh. He is asking to change his death sentence to life imprisonment. Rajoana has been on death row for more than 17 years and in prison for 28 years. He claims that the long delay in deciding his mercy petition has caused him severe mental distress and uncertainty, making the death sentence unfair. The Bench, which includes Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan, requested a response from the Punjab Government regarding the petition and scheduled the next hearing for November 18. Senior Advocate Mukul Rohatgi, representing Rajoana, stated that this case is shocking, noting that he has been in custody for 29 years without interruption. “He was originally convicted for a bomb explosion in 1996. After that conviction, he was given…” Rohatgi added.
The Bench inquired if the State of Punjab had submitted its response regarding the case. The Counsel for Punjab answered no, stating they had just received notice about it. Rohatgi then expressed, “I have a straightforward and urgent request after 29 years, with 15 of those years spent on death row. My mercy plea has not been addressed, while others in this case have had their sentences reduced to life imprisonment by the Supreme Court. The Bench had previously mentioned in May 2024 that they would consider my mercy plea in due time, but a year and a half has passed.” The Senior Counsel also asked the Court to grant Singh temporary release for 3 to 6 months. “He is a broken man. At the very least, let him experience life outside prison. There cannot be a total breach of Article 21,” Rohatgi argued.
Solicitor General Tushar Mehta represented the Union of India. He argued that Singh is responsible for the assassination of Punjab’s 2nd Chief Minister. He requested time to get further instructions, stating, “It is with the President’s house.” Rohatgi pointed out that this has been with the President’s house for 12 years. He also asked for Interim Relief, but the Bench denied this request. “Not without hearing them; let it be after 2 weeks,” the Court responded. The Court then set the hearing for November 18. Rajoana was convicted by a special court in 2007 for his role in the explosion that killed Beant Singh and 16 others outside the Civil Secretariat in Chandigarh. He submitted a mercy petition in 2012, which is still pending.
The Apex Court initially rejected a commutation petition in May 2023 but stated that the mercy petition could be reviewed when necessary. After 16 months, on September 25, the Court decided to reconsider Rajoana’s plea due to delays and asked the Centre and Punjab Government for their opinions. The case dates back to 1995 when a bomb blast killed the then Chief Minister of Punjab, Shri Beant Singh, along with 16 others, and injured many more. The Petitioner and eight others were accused of planning and carrying out the attack and were put on trial. In 2007, the Trial Court convicted the Petitioner and the co-accused under various sections of the IPC and the Explosives Substances Act, sentencing them to death. The High Court later confirmed the conviction of co-accused Jagtar Singh but changed the death sentence to life imprisonment. A Mercy Petition was submitted by the Shiromani Gurudwara Prabandhak Committee on behalf of the Petitioner, but no decision was made for over a decade.
Cause Title: Balwant Singh v. Union of India and Ors. [W.P.(Crl.) No. 414/2024]
