Beant Singh assassination: Supreme Court refuses interim relief for Rajoana

Top court says it will first seek Centre’s response on matter

The Supreme Court on Monday (November 4, 2024) refused to grant interim relief to Balwant Singh Rajoana, on death row for the assassination of the former Punjab Chief Minister Beant Singh in 1995, without first hearing the government’s response.

Rajoana has returned to the top court for commutation of his death sentence on the grounds of inordinate delay. A three-judge Special Bench headed by Justice B.R. Gavai listed the case for November 18.

In May last year, the top court did not intervene in his case on the face of the Home Ministry’s conclusion that a decision on the mercy petition would compromise national security.

Appearing for Rajoana, senior advocate Mukul Rohatgi said his client had been in prison for 29 years, 12 of which were spent in solitary confinement.

“He should at least now see what is outside the jail...Your Lords may grant him some interim relief,” Mr. Rohatgi urged.

Justice Gavai, speaking for the Bench, said the court would do no such thing without hearing the government first.

Solicitor General Tushar Mehta, appearing for the government, emphasised the fact that Rajoana was found guilty of assassinating a Chief Minister.

Mr. Mehta said the matter was pending with the President. Mr. Rohatgi said that it had been so for many years.

In May last year, the top court observed that it was not up to the court 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 said.

The Bench further dismissed Rajoana’s argument that his death sentence should be commuted to life on the grounds of delaying a decision on the mercy plea. He had argued that the mercy petition was preferred in March 2012, and had been pending for a decade.

However, the court had said it was the Shiromani Gurudwara Prabandhak Committee that had moved the mercy petition in 2012.

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

Published - November 04, 2024 11:52 am IST