New Delhi: The Supreme Court on Monday asked the secretary to the President of India to place the matter of mercy petition of death-row prisoner Balwant Singh Rajoana before the President with a request to consider it within two weeks. Rajoana was awarded a death sentence for the assassination of the then Punjab Chief Minister Beant Singh in 1995.
A bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan said that if the mercy petition is not considered within the time stipulated, it will consider the petition for granting interim relief. At the outset of the hearing, senior advocate Mukul Rohatgi appearing for Rajoana told the bench that the government said that it was not the right time to decide the issue. “When then after his life is over? This is not a case of national security,” he added.
Counsel appearing for the state of Punjab said that the Union government had submitted earlier that there is a national threat if he is released. The bench questioned the non-representation of the Centre before it and said that the special bench was constituted for this purpose only and the court had deferred the hearing of the matter on the last occasion only because the Union sought some time.
The apex court then in its order noted, “The bench has been specifically assembled only for this matter. On the last date, the matter was adjourned so as to enable the Union of India to take instruction from the office of the President of India as to within how much period the mercy petition of the petitioner would be decided. We therefore direct, Secretary, the President of India to place the matter before the President within a request to consider the same within two weeks from today. We clarify that in the event no decision is taken on the next date, we will consider the prayers made by the petitioner for interim relief.”
The bench then posted the matter for hearing on December 5 at 10.30 am. The top court was hearing a plea relating to the delay in deciding the mercy petition of death-row prisoner Rajoana. On the last day of the hearing, the apex court said that they would only consider Rajoana’s plea seeking release only after hearing from the Union government and the state of Punjab.