Former Punjab CM assassination case: SC pulls up Centre for delay in deciding Balwant Singh’s mercy plea

By IANS

NEW DELHI: The Supreme Court on Wednesday pulled up the Centre for delay in deciding the mercy petition filed on behalf of Balwant Singh Rajoana, sentenced to dying within the assassination of former Punjab Chief Minister Beant Singh.

A bench headed by Chief Justice U.U. Lalit mentioned it was not inclined to entertain the request of the Centre’s counsel to grant adjournment within the matter. The bench, additionally comprising Justices S. Ravindra Bhat and J.B. Pardiwala, informed the Centre’s counsel that 4 months have lapsed since its May order, because it questioned the delay in taking a call on Rajoana’s mercy plea.

The prime court docket requested a accountable officer from the division involved to file an affidavit on the standing of the matter by Thursday and scheduled the matter for additional listening to on Friday.

On May 2, the Supreme Court gave two months to the Centre to determine on Rajoana’s mercy plea. It mentioned the choice by the Centre must be taken as early as doable, “preferably within two months from today”.

Additional Solicitor General Ok.M. Nataraj, representing the Centre, submitted that the mercy petition can’t be thought of because it has been filed by one other organisation and never by the convict. The Ministry of Home Affairs (MHA) has additionally argued that the mercy petition can’t be determined till the appeals filed by different convicts within the case earlier than the apex court docket usually are not disposed of. Also, Rajoana has not challenged his conviction or sentence, both earlier than the excessive court docket or the Supreme Court.

The bench had famous the truth that one other organisation has filed the mercy petition just isn’t an obstruction to the consideration of the matter. The bench informed Centre’s counsel that it had determined in September 2019 to commute the dying penalty of Rajoana to a life sentence on the special day of the 550th delivery anniversary of Guru Nanak Dev. It additional added that greater than two years have handed however a call has not been taken within the matter.

Nataraj didn’t agree that in 2019, a last choice was taken to commute Rajoana’s dying sentence. He added that it was determined that the proposal for commutation of dying sentence, needs to be processed beneath Article 72.

Nataraj had submitted that Rajoana had given an announcement to the trial court docket that he had no religion within the judiciary and the Constitution. Justice Lalit noticed, “They are all citizens of this country…need to deal with compassion…”

The bench identified that the Centre’s communication had directed the state to grant remission to different convicts. Nataraj replied that states have their unbiased energy beneath Article 161. The bench famous, “Show us the orders which show states have decided independently of this communication…either this communication was made without rational application or it was an empty exercise.”

In the earlier hearings, the highest court docket had expressed displeasure over the federal government not taking any clear stand regardless of being given time by the court docket to take action. The Supreme Court had questioned the Centre over delay in sending proposal to the President for commuting Rajoana’s dying penalty.

The prime court docket was listening to a plea — filed two years in the past — in search of implementation of a call taken by the Union Ministry of Home Affairs (MHA) in September 2019 to commute Rajoana’s dying sentence to life.

Rajoana has been in jail for 25 years awaiting his execution. In 2007, he was sentenced to dying by a particular court docket. His mercy petition has been hanging hearth for greater than eight years. The plea contended that inordinate delay has triggered agony and adversely affected his psychological and bodily well being. The plea additionally cited Devender Pal Singh Bhullar’s case and claimed that delay brought on by circumstances past the prisoners’ management mandates commutation of dying sentence.

NEW DELHI: The Supreme Court on Wednesday pulled up the Centre for delay in deciding the mercy petition filed on behalf of Balwant Singh Rajoana, sentenced to dying within the assassination of former Punjab Chief Minister Beant Singh.

A bench headed by Chief Justice U.U. Lalit mentioned it was not inclined to entertain the request of the Centre’s counsel to grant adjournment within the matter. The bench, additionally comprising Justices S. Ravindra Bhat and J.B. Pardiwala, informed the Centre’s counsel that 4 months have lapsed since its May order, because it questioned the delay in taking a call on Rajoana’s mercy plea.

The prime court docket requested a accountable officer from the division involved to file an affidavit on the standing of the matter by Thursday and scheduled the matter for additional listening to on Friday.

On May 2, the Supreme Court gave two months to the Centre to determine on Rajoana’s mercy plea. It mentioned the choice by the Centre must be taken as early as doable, “preferably within two months from today”.

Additional Solicitor General Ok.M. Nataraj, representing the Centre, submitted that the mercy petition can’t be thought of because it has been filed by one other organisation and never by the convict. The Ministry of Home Affairs (MHA) has additionally argued that the mercy petition can’t be determined till the appeals filed by different convicts within the case earlier than the apex court docket usually are not disposed of. Also, Rajoana has not challenged his conviction or sentence, both earlier than the excessive court docket or the Supreme Court.

The bench had famous the truth that one other organisation has filed the mercy petition just isn’t an obstruction to the consideration of the matter. The bench informed Centre’s counsel that it had determined in September 2019 to commute the dying penalty of Rajoana to a life sentence on the special day of the 550th delivery anniversary of Guru Nanak Dev. It additional added that greater than two years have handed however a call has not been taken within the matter.

Nataraj didn’t agree that in 2019, a last choice was taken to commute Rajoana’s dying sentence. He added that it was determined that the proposal for commutation of dying sentence, needs to be processed beneath Article 72.

Nataraj had submitted that Rajoana had given an announcement to the trial court docket that he had no religion within the judiciary and the Constitution. Justice Lalit noticed, “They are all citizens of this country…need to deal with compassion…”

The bench identified that the Centre’s communication had directed the state to grant remission to different convicts. Nataraj replied that states have their unbiased energy beneath Article 161. The bench famous, “Show us the orders which show states have decided independently of this communication…either this communication was made without rational application or it was an empty exercise.”

In the earlier hearings, the highest court docket had expressed displeasure over the federal government not taking any clear stand regardless of being given time by the court docket to take action. The Supreme Court had questioned the Centre over delay in sending proposal to the President for commuting Rajoana’s dying penalty.

The prime court docket was listening to a plea — filed two years in the past — in search of implementation of a call taken by the Union Ministry of Home Affairs (MHA) in September 2019 to commute Rajoana’s dying sentence to life.

Rajoana has been in jail for 25 years awaiting his execution. In 2007, he was sentenced to dying by a particular court docket. His mercy petition has been hanging hearth for greater than eight years. The plea contended that inordinate delay has triggered agony and adversely affected his psychological and bodily well being. The plea additionally cited Devender Pal Singh Bhullar’s case and claimed that delay brought on by circumstances past the prisoners’ management mandates commutation of dying sentence.