Supreme Court To Hear Balwant Singh's Plea To Commute Death Sentence On November 1

The Supreme Court, on Tuesday, listed the matter concerning the mercy petition of death row convict Balwant Singh on November 1 2022 before a three-judge bench. Balwant Singh has been in jail for over 26 years for the assassination of killing former Punjab Chief Minister Beant Singh. The matter was heard by a bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi.

At the outset, Senior Advocate Mukul Rohatgi, representing Balwant Singh, submitted that he wished to argue that his client was worthy of getting his life sentence commuted. He argued–

"My client has been in jail since 26 years now. The affidavit by MHA is an apology. I do not want to rely on their order. I am making a substantive case based on precedents that my right to life under Article 21 is being violated by keeping me under death pending."

CJI Lalit noted that the appeals by the co-accused are pending before the Supreme Court and suggested that the plea of Balwant Singh (who has not filed appeal challenging the conviction) could be considered along with the other appeals. The CJI said that if the co-accused get acquitted, it could be a factor for President's consideration.

"Suppose we acquit the person who is a death row convict then President might as well grant you full pardon. In some other cases this court has granted acquittal even though it was not appealed here. There are two ways to look at it- that it's either execution of sentence or commutation. But the co-accused's case is pending before us. We may list both the matters- your matter saying that let the death penalty be commuted. The other person, your co-accused, his appeal is a substantive appeal...", CJI lalit said.

Here, Senior Advocate Rohatgi reiterated that he wished to argue that his client was worthy of getting his life sentence and he did not wish to be clubbed with the appeals of co-accused. He submitted–

"I don't wish to be clubbed with anyone. I have been in jail since Jan 1996. My mercy petition was filed in 2012. It is now 2022, 10 years. I have been on death row since 2007 till 2012. I don't want to beg them. This affidavit is nothing worth the paper it is written on. You may hear my case today or tomorrow and be done with it."

For context, in the affidavit filed on April 30, the MHA took two preliminary objections :

a) the mercy petition cannot be considered as it has been filed by another organization and not the convict himself.

b) the mercy petition cannot be decided until the appeals filed by other convicts in the case before the Supreme Court are not disposed (Rajoana has not challenged his conviction or sentence, either before the High Court or the Supreme Court).

In previous hearings on the matter, the Supreme Court had directed the Central Government to decide the mercy plea of death row convict Balwant Singh Rajoana within 2 months, without being influenced by the fact that the appeals filed by other convicts in the Chief Minister Beant Singh assassination case are pending. The Court had also took exception to the lackadaisical attitude of the Central government in not considering the mercy petition filed by Balwant Singh Rajoana.

Accordingly, the matter has been listed for 1st November as the first matter before a three judge bench.

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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