Supreme Court Sets April 30 Deadline For Centre To Decide Death Row Convict Balwant Singh Rajoana's Mercy Petition

The Supreme Court has directed the Central Government to take a call by April 30 with respect to the mercy petition of death row convict Balwant Singh, who has been in jail for over 26 years for the assassination of killing former Punjab Chief Minister Beant Singh.

The bench of Justices UU Lalit, SR Bhat and PS Narasimha warned that if an action taken report is not placed before the Court with respect to his mercy petition within the said time limit, the concerned Secretary, Department of Home Affairs, Government of India, and the Director (Prosecution), Central Bureau of Investigation will have to remain personally present along with the concerned records in the Court on  May 2, 2022, the next date of hearing.

The Bench was considering a writ preferred by Balwant Singh for directing the respondent(s) to take up his mercy petition preferred on March 25, 2012 for disposal immediately and to commute his death sentence to imprisonment for life.

It was alleged in the writ that the concerned authorities had failed to act in by not commuting the death sentence awarded to the him taking into consideration the letter dated September 27, 2019 issued by the Ministry of Home Affairs.

As per the said letter, the Ministry had written to Chief Secretaries of the Governments of Punjab, Gujarat, Haryana, Karnataka and NCT of Delhi on the occasion of commemoration of 550th Birth Anniversary of Guru Nanak Dev Ji proposing special remission and release of prisoners.

Appearing for the State of Punjab, Advocate Misha Rohatgi had submitted that the offence was committed in Union Territory of Chandigarh where the trial was also conducted; that the petitioner has been lodged in a jail in Punjab under the orders of the High Court; and that the State Government has nothing to do with respect of relief prayed in the plea.

On December 4, 2020, the bench had granted time to ASG to make a statement about the proposal as contemplated in the letter dated 27th September, 2019 to be sent for processing under Article 72 of the Constitution of India.

Since the Counsel for Union on Thursday had no clear instructions in the matter, the bench while directing CBI to take a call on the aspect also asked appropriate authority in the Central Government to bestow attention and take the required decision within two weeks of the receipt of the proposal or objection from the Central Bureau of Investigation.

"The matter shall immediately be looked into by the concerned authorities including the Government of India, and the Central Bureau of Investigation", the Court observed.

Background

Balwant Singh and his Co accused Jagtar Singh was tried in respect of offences punishable under Sections 302/307/120-B of the Indian Penal Code, 1860 and Sections 3 and 4 of the Explosive Substances Act. After recording conviction, the Trial Court sentenced the the petitioner and co-accused, Jagtar Singh Hawara to death sentence.

On appeal preferred by the co accused, the High Court on December 12, 2010 had substituted the death sentence for imprisonment for life.

Although the petitioner had not challenged his death sentence nor had he preferred any appeal from the decision of the Trial Court, the High Court had affirmed the order of conviction and sentence as awarded to the Balwant Singh.

While the High Court's judgement dated December 12, 2010 was pending before the Top Court, the Ministry of Home Affairs had written a letter dated 27.09.2019.

Case Title: Balwant Singh v Union of India and Ors| WP(Crl) 261/2020

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