Beant Singh killing: SC directs Centre to decide Rajoana's plea for commutation of death penalty

New Delhi [India], May 2 : The Supreme Court on Monday directed the Centre to decide within two months mercy petition of Balwant Singh Rajoana, who was awarded the death sentence for the assassination of the then Punjab Chief Minister Beant Singh in 1995.
A bench of Justices UU Lalit, S Ravindra Bhat and PS Narasimha asked the Centre to decide Rajaona's plea without being influenced by the fact that the appeals filed by other convicts in the case are pending in the top court.
The bench posted the matter for hearing in the second week of July and in its order stated, "In terms with directions issued by this Court on December 4, 2020, the matter be considered by the concerned authority without being influenced by the fact that appeals by co-accused are pending consideration. Let the decision be taken as early as possible, preferably within two months from today."
The top court has been hearing Rajoana's plea seeking commutation of the death sentence to life term on the ground that he has been in jail for 26 years.
Rajoana had moved to the top court two years ago seeking implementation of a decision taken by the Ministry of Home Affairs (MHA) in September 2019 to commute Rajoana's death sentence to life.
He had said that the Central government had in 2019 announced its decision to commute his death penalty and grant remission to eight other convicts to mark the occasion of the 550th birth anniversary of Guru Nanak.
He sought for the implementation of that decision and alternately prayed to commute his death sentence on the ground of long delay in considering the mercy petition.
Earlier, the Supreme Court directed the Central to immediately take a decision on granting pardon to Rajoana and asked it to file an action taken report on the decision. The apex court was irked over the Centre for not taking any clear stand on the despite given time by the court to do so.
The top court had said that it is untenable on part of the Centre to take a stand that the proposal for commutation of the death sentence of Rajoana, a former Punjab Police constable, was not processed because of the pendency of appeals of co-accused in Beant Singh killing case.
The bench had said once the government has decided to recommend a Presidential pardon for a condemned man, the pendency of appeals in the Supreme Court of his co-accused cannot delay the process initiated under Article 72.
The top court had said that appeal pending by other co-accused has no relevance to the decision by the Ministry of Home Affairs to commute the death sentence of some convicts taken to commemorate the 550th birth anniversary of Guru Nanak Dev.
It had noted that in a letter dated September 27, 2019, the Ministry of Home Affairs had written to the Chief Secretary of Punjab that on the occasion of the 550th birth anniversary of Guru Nayak Dev, the release of some prisoners is proposed.
The convict, Balwant Singh Rajoana, was sentenced to death for the murder of former Punjab Chief Minister Beant Singh who died in a bomb explosion in Chandigarh on August 31, 1995.
The Centre had decided in September 2019 to commute the death penalty of Rajoana to a life sentence on the special occasion of the 550th birth anniversary of Guru Nanak Dev. More than two years have passed but the decision is yet to be implemented.
A Chandigarh court had, on July 27, 2007, awarded the death sentence to Rajoana which was upheld by the Punjab and Haryana High Court on October 12, 2010. Rajoana has not filed an appeal against the decision and instead filed a mercy petition before the President.