Rajoana mercy plea: Moments after Supreme Court pushes for a decision, Union government seeks adjournment

A Special Bench recorded in its order that if no decision of the President was forthcoming, the Supreme Court would consider Rajoana’s plea for interim relief

A Special Bench of the Supreme Court initially directed the President’s office on Monday to push for a decision on death row convict Balwant Singh Rajoana’s mercy plea in the assassination case of the then Punjab chief minister Beant Singh in two weeks, but the Union government, which was absent during the hearing, suddenly moved in and convinced the court to retract the order.

The day began with a three-judge Special Bench of Justices BR Gavai, PK Mishra and KV Viswanathan directing the Secretary to the President of India to place Rajoana’s mercy plea before the President with a request to take a call in a fortnight. The Special Bench recorded in its order that if no decision of the President was forthcoming, the Supreme Court would consider Rajoana’s plea for interim relief. The Special Bench listed the case on December 5.

The court had passed the order after noting the absence of active representation from the Union government during the Special Bench hearing. A darkened window was visible on the screen with ‘Additional Solicitor General KM Natraj’ printed on it.

“Why is the Union of India not present? This Special Bench was constituted for this purpose alone.” Justice Gavai observed orally during the hearing.

However, shortly after the Special Bench hearing was over and the Regular Bench of Justices Gavai and Viswanathan returned to hear the daily board of cases, Solicitor General Tushar Mehta rushed into the courtroom.

Mr. Mehta regretted the absence of a Union government counsel during the just-concluded Special Bench hearing. He urged Justice Gavai to retract the Special Bench order, to simply adjourn the Rajoana case and post the case in a day or two.

Justice Gavai responded that the court has only asked the President’s Secretary to place the matter before the President. Mr. Mehta pointed out that the convict in question was on the death row for the assassination of a former Punjab Chief Minister in 1995. Justice Gavai eventually told Mr. Mehta to speak to senior advocate Mukul Rohatgi, who appeared for Rajoana in the morning.

Subsequently, when the court was about to rise for the day, Mr. Mehta reminded the Bench of Justices Gavai and Viswanathan about his “unusual” intervention in the morning.

He said Rajoana’s file was with the Home Ministry and not the President. He noted that the Union government had things to say as regards the convict’s mercy plea. “There are sensitivities involved in this case… The order of the morning may not be signed…” Mr. Mehta submitted.

The top law officer urged the court to adjourn the case simpliciter to November 22 or November 25.

Rajoana’s legal team did not raise any strong objections. The court listed the case for hearing on November 25 after Mr. Mehta personally undertook to be present on behalf of the Union government.

During the Special Bench hearing in the morning, Mr. Rohatgi had submitted before the three judges that Rajoana was behind bars for over 29 years.

“The Union government is saying this is not the time to decide his mercy petition… Then when is the right time to decide his petition, after he is dead?” Mr. Rohatgi asked.

A counsel for the State of Punjab had appeared in the Special Bench hearing. He however said “Punjab had no role to play in the case”. The counsel said the mercy petition was with the President.

Justice Gavai questioned Punjab’s stand, asking whether the offence had taken place in the territory of Punjab or not.

Mr. Rohatgi said there were enough and more judicial precedents to back Rajoana’s case that inordinate delay in taking a call on mercy petition was a ground for commutation of the death penalty to life sentence. He submitted that his client had been in prison for 29 years, 12 of which were spent in solitary confinement.

In May last year, the apex court had, in a judgment, observed that it was not up to it to “delve” on the Ministry’s decision to defer a decision on the clemency plea. “It is within the domain of the Executive to take a call on such sensitive issues,” the court had observed then.

Rajoana has been on death row since 2007. In a hearing in 2021, the Centre had said there were charges of involvement of Khalistani elements in the assassination.

Published - November 18, 2024 11:35 am IST