The Supreme Court on Monday asked the Centre to take
a decision by March 18 on the mercy petition of death row convict Balwant Singh
Rajoana, convicted in the 1995 assassination case of then Punjab chief minister
Beant Singh.
"We are granting you time by way of a last
chance. Either you take a decision or otherwise we will hear it on
merits," a bench headed by Justice B R Gavai told Solicitor General Tushar
Mehta, who appeared for the Centre.
The bench, also comprising Justices Prashant Kumar
Mishra and K V Viswanathan, was hearing Rajoana's plea seeking directions to
commute his death sentence to life term due to the "inordinate delay"
in deciding his mercy petition.
At the outset, Mehta referred to the sensitivity
involved in the matter and said the mercy petition was under consideration.
He requested the bench to grant six weeks time.
Rajoana's counsel told the bench that he has spent
around 29 years in jail.
"We will hear it on merits on March 18,"
the bench said, adding, "By then, if you can take a decision, well and
good. Either way you decide it so that it could facilitate us. Otherwise we
will hear it (plea seeking directions to commute death sentence) on
merits".
Mehta said the matter relates to murder of a sitting
chief minister.
On November 25 last year, the Centre had told the
apex court that there was sensitivity involved in the matter related to the
mercy petition of Rajoana.
While hearing the petition on November 18 last year,
the apex court had put on hold its order asking President Droupadi Murmu's
secretary to place before her the mercy petition of Rajoana for consideration.
After the order was passed in the morning on
November 18, 2024, the solicitor general had urged the bench that it should not
be given effect as there were "sensitivities" involved in the issue.
Mehta had then told the top court that the file was
with the home ministry and not the President.
On September 25 last year, the top court sought
responses from the Centre, the Punjab government and the administration of the
Union Territory of Chandigarh on Rajoana's plea.
The then Punjab chief minister and 16 others were
killed in a blast at the entrance of the civil secretariat in Chandigarh on
August 31, 1995. A special court sentenced Rajoana to death in July 2007.
In his plea, Rajoana has sought the apex court's
direction to the respondent authorities to commute his death sentence "due
to inordinate delay" in its execution and in deciding the "mercy
petition filed on his behalf".
The plea said consequentially, a direction be issued
for his release.
On May 3, 2023, the apex court refused to commute
his death sentence and said the competent authority could deal with his mercy
plea.
In his fresh plea, Rajoana has said he has undergone
a total sentence of about 28 years and eight months, of which 17 years have
been served as a death row convict.
He has said that in March 2012, a mercy petition
under Article 72 of the Constitution was preferred by the Shiromani Gurdwara
Parbandhak Committee seeking clemency on his behalf.
The plea said over a year has elapsed since the top
court had directed the competent authority, in due course of time, to deal with
the mercy petition filed on his behalf and take further decision thereon
It referred to an April 2023 order of the top court
in a separate matter in which the court had directed all the states and
appropriate authorities to decide the pending mercy petitions at the earliest
and without any inordinate delay.