Issue divides state legal fraternity

Balwant is to be hanged on March 31 for the alleged assassination of former Punjab chief minister Beant Singh.

The legal fraternity is divided on the Balwant Singh issue,with some arguing for the death sentence while others are of the view that the hanging should be delayed till the Supreme Court decides on a Special Leave Petition (SLP) filed by the other accused. Balwant is to be hanged on March 31 for the alleged assassination of former Punjab chief minister Beant Singh.

The death sentence of Balwant Singh has to be deferred for the time being as the special leave petitions filed by both Jagtar Singh Hawara and Lakwinder Singh are pending before the Supreme Court. So till the court takes a final view,one cannot be hanged as in many cases the apex court has decided and granted relief or commuted the sentence of the co-accused despite they not having filed any petition before the court, says Punjab Advocate General Ashok Aggarwal.

Others like advocate O S Batalvi have a different take on the issue. The government should not have interfered in the hanging of Balwant Singh,they should have respected the court verdict. Singh has not appealed against his hanging in the first place like Jagtar Singh Hawara did,so legally he has no local standing now, Batalvi says.

Former Advocate General ML Sarin is also of the view that the government should not have interfered. The government should have not interfered. Political parties come and go and the government should have acted like one. Let the family of Balwant or he himself move for pardon to the President, Sarin says.

The special leave petition of Jagtar Singh Hawara and Lakwinder Singh is pending before the Supreme Court,so technically Balwant Singh also might get relief so till then his hanging should not be done. As he has not filed any appeal,however,he stands convicted,said another former advocate general on condition of anonymity.

Senior Advocate Vinod Ghai also feels that the hanging should be deferred. Till the appeal filed by the other accused,Jagatar Singh Hawara and Lakhwinder Singh,is not decided Balwants sentence should be stayed. If they are acquitted by court then what. Also as he himself has not filed any appeal,someone on his behalf should file the appeal and the President can take up this issue suo-moto as well.

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