Beant Singh Assassination case: Supreme Court refuses to commute Rajoana death penalty

Supreme Court rejects plea by Balwant Singh Rajaona, convicted for killing former Punjab CM Beant Singh, to commute his death sentence to life term. SC says centre would deal with mercy petition as and when it deems necessary and take a further decision. @IndianExpress

— Ananthakrishnan G (@axidentaljourno) May 3, 2023

Rajoana had approached the apex court seeking commutation of his sentence on the ground that his mercy plea had been pending since March 2012 but no decision had been taken on it.

The court, however, said the “argument…cannot be sustained”. It said Rajaona had not filed any mercy petition and that it was the Shiromani Gurdwara Prabandhak Committee (SGPC) which filed a mercy plea for him.

“Further, after the communication of the Ministry of Home Affairs (MHA) dated 27.09.2019, the proposal for considering the commutation of the death sentence of the petitioner was started and a decision was taken to keep the same pending till disposal of the pending appeals before this Court, filed by the co-accused as well as by CBI, as according to the competent authority… it could be relevant for taking final decision on the said proposal of commutation”.

The SC added that “it was after the directions issued by” it on December 4, 2020 and May 2, 2022 to dispose of the Mercy Petition of Rajoana “that the matter was again considered by the competent authority and it was decided to defer the question of commutation in view of the reasons given in the affidavit filed by the MHA. Thus, it cannot be alleged that there has been an inordinate delay in disposal of the Mercy Petition”.

The judgment said that the MHA “upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation or creating law and order situation”.

The SC added, “it would not be within the domain of this Court to delve upon the decision of the competent authority to defer taking of any decision at present. It is within the domain of the executive to take a call on such sensitive issues. As such this Court does not deem it appropriate to issue any further directions. The stand of the Ministry of Home Affairs to defer the decision on the Mercy Petition of the petitioner is also a decision for the reasons given thereunder. It actually amounts to a decision declining to grant the same for the present”.

The court “however, directed that the competent authority, in due course of time, would again as and when it is deemed necessary….deal with the Mercy Petition, and take a further decision”.

Beant Singh was killed on August 31, 1995, along with 12 others in a suicide attack in Chandigarh. Rajoana was sentenced to death in 2007 by a special CBI court. The SGPC filed a mercy petition on his behalf by in March 2012.

In September 2019, the MHA wrote to Punjab, proposing commutation of his death sentence into life imprisonment to commemorate the 550th birth anniversary of Guru Nanak Dev, but the proposal was never implemented.

In September 2020, Rajoana moved the SC stating that the MHA’s 2019 proposal be implemented.