Beant Singh assassination: Supreme Court refuses to commute death penalty of Balwant Singh Rajoana; leaves it to government

The Supreme Court on Wednesday refused to commute the death penalty handed down to Balwant Singh Rajoana who was convicted for the assassination of former Punjab Chief Minister Beant Singh [Balwant Singh vs Union of India]. .A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol instead left it to the Central government's competent authority to deal with the mercy petition filed by Rajoana. The Court pronounced the verdict in a plea moved by Rajaona for commutation of the death sentence imposed on him due to the Central government's delay in deciding his mercy plea."It is, however, directed that the competent authority, in due course of time, would again as and when it is deemed necessary, may deal with the Mercy Petition, and take a further decision," the bench ordered. .It was opined that the argument regarding pendency of the mercy petition and there being a delay could not be sustained since Rajoana had not submitted the mercy plea himself, and the 2012 plea was filed by the Shiromani Gurudwara Prabandhak Committee. Further, the Court noted that the Home Ministry decided to defer the question of commutation after coming to the conclusion that it could have an impact of compromising the security of the nation or creating a law and order situation."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 judgment thus said..The Supreme Court had on March 2 reserved its judgment in the matter. .Balwant Singh Rajoana has been in jail for over 26 years after he was convicted in the Beant Singh assassination case.His plea for Presidential mercy has been hanging in limbo despite the government having decided in 2019 to spare his life in commemoration of the 550th birth anniversary of Guru Nanak Dev Ji..In a petition to the Supreme Court from his jail cell, Balwant Singh said that his repeated pleas to the government about the fate of his mercy plea were met with silence. He called the delay “inexplicable”.Last March, the top Court had asked the Central Bureau of Investigation (CBI) and the Central government to immediately take a call in the matter.Pertinently, the Court then had also warned that the concerned Secretary and the CBI Director (Prosecution) would have to remain personally present in future hearings, if the authorities failed to make their decision soon..During the hearings, the bench had orally observed that the continuing failure of the Central government in deciding on the 2012 mercy plea preferred by Rajaona appeared to be contemptuous..Appearing for Rajoana, Senior Advocate Mukul Rohatgi had contended that keeping his client, now aged 56, on death row for long, while a mercy petition remained pending, violated his fundamental rights.He termed this as being discriminatory, since other such convicts had been given the relief sought.In view of the government's delay in taking a decision, Rohatgi also urged the Court to direct Rajoana's release on parole..Additional Solicitor General KM Nataraj had submitted that until recently, there was no representation from Rajoana regarding the commutation of sentence.He had informed that such representations only came only from organisations like the Shiromani Gurdwara Parbandhak Committee (SGPC) until last year. Many organisations had even written against the proposed move, ASG Nataraj had added..[Read Judgment]