Beant Singh assassination case: SC to hear Rajoana's plea on commutation of Death Sentence on Monday

Background of the Case:

In August 1995, former Punjab Chief Minister Beant Singh, along with 16 others, was killed in a bomb blast, which also injured several others. Balwant Singh Rajoana, a co-conspirator in the assassination plot, was arrested on January 27, 1996.

Rajoana, along with eight other individuals, was charged for orchestrating and executing the bomb blast. In July 2007, the trial court convicted Rajoana and co-accused Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh, and Nasib Singh. Rajoana and Hawara were sentenced to death.

In December 2010, the High Court confirmed the conviction and death sentence of Rajoana. However, the High Court commuted Jagtar Singh Hawara's death sentence to life imprisonment. The other co-accused approached the Supreme Court to appeal their convictions, but Rajoana did not file any appeal after the High Court’s judgment.

Mercy Petition and Recent Developments

In May 2023, the Supreme Court dismissed Rajoana's plea for commutation of his death sentence, stating, "It is within the domain of the Executive to take a call on such sensitive issues." The Court emphasized that it was up to the competent authority to deal with the mercy petition as deemed necessary.

Notably, Rajoana himself did not submit a mercy petition. Instead, the Shiromani Gurdwara Parbandhak Committee (SGPC) filed the petition in 2012. The Union Home Ministry currently holds the batch of files related to Rajoana's mercy petition, rather than the President's Secretariat.

Earlier, in an open court order issued on November 18, the Supreme Court requested President Droupadi Murmu to decide on Rajoana’s mercy petition within two weeks. The apex court instructed the Secretary to the President to expedite the matter, warning that failure to resolve the petition could lead to the Court considering Rajoana's application for interim relief. However, hours after this order, Solicitor General (SG) Tushar Mehta sought an urgent hearing and requested the order not be signed or uploaded, citing "sensitivities" involved in the case.

Supreme Court Hearing on January 20, 2025

The Supreme Court will resume hearing Rajoana's case on January 20, 2025, before a Special Bench comprising Justices B.R. Gavai, P.K. Mishra, and K.V. Viswanathan. The hearing focuses on Rajoana's writ petition seeking commutation of his death penalty, citing an over 12-year delay in deciding his mercy petition.

In a previous hearing, the Court had granted the Union Government an extension of four weeks to take a decision on the mercy petition. This extension was granted after Solicitor General Mehta requested additional time to gather inputs from relevant agencies, considering the "sensitive nature" of the matter.

Legal and Procedural Observations

The Supreme Court, while dismissing Rajoana’s plea for direct commutation, had earlier clarified that:

• The Executive holds the prerogative to decide mercy petitions.
• The competent authority must handle the matter in due course of time, as and when necessary.
• The mercy petition filed in 2012 by the SGPC remains pending, with decisions delayed due to bureaucratic processes.
• The Court emphasized that a resolution to the matter is essential to uphold principles of justice while addressing the procedural delay.