Satya Prakash(*14*)
Tribune News Service(*14*)
New Delhi, January 25(*14*)
The Supreme Court on Monday gave a final likelihood to the Centre to take a name on the mercy plea filed by Balwant S Rajoana for commuting the loss of life penalty awarded to him in former Punjab Chief Minister Beant Singh”s assassination case.
A Bench headed by Chief Justice of India SA Bobde — which had earlier requested the federal government to decide Rajoana’s mercy petition earlier than the Republic Day — gave two extra weeks after Solicitor General Tushar Mehta mentioned the federal government was inspecting the difficulty.
The Solicitor General mentioned it will not be prudent to decide the matter at this juncture because it might have some repercussions within the current scenario.
As Mehta sought three weeks, the CJI shot again, “Why three weeks? What is going on Mr. Mehta?…Three-week is unreasonable. We requested you to decide earlier than January 26.”
The Solicitor General mentioned, “The choice going both means could have some repercussions within the current circumstances.”
The Bench agreed to grant two weeks as a final likelihood for the federal government to decide the matter.
On behalf of the petitioner, senior advocate Mukul Rohatgi for petitioner opposed Mehta’s request, saying, “The man (Rajoana) is in jail for 25 years. His mercy plea has been pending for over eight years.”
“He is in jail for killing a chief minister,” replied Mehta.
Convicted of assassinating Beant Singh in 1995, Rajoana has been in jail for 25 years awaiting his execution. The former Punjab Chief Minister and 16 others have been killed in an explosion outdoors the Civil Secretariat in Chandigarh in 1995.
Rajaona was sentenced to loss of life in 2007 by a particular court docket. His mercy petition below Article 72 of the Constitution is hanging fireplace for eight years.
The Supreme Court had on January 8 requested the Centre to decide by January 26 Rajoana’s plea for commuting the loss of life penalty awarded to him in former Punjab Chief Minister Beant Singh”s assassination case.
It had mentioned the choice had to be taken earlier than the Republic Day which was a “good date”.
“We will give two-three weeks. You ought to full the method earlier than January 26. January 26 is an effective day. It shall be acceptable for those who take a call earlier than that,” the CJI had mentioned.
Maintaining that Pendency of appeals by co-accused has no bearing on Presidential pardon granted to a death-row convict, the Supreme Court had on December 4 questioned the Centre over delay in sending proposal to the President for commuting Rajoana’s loss of life penalty.
Once the Centre has determined to advocate Presidential pardon for a loss of life row convict, the pendency of appeals of his co-accused can’t be a purpose to delay the clemency proceedings, it had mentioned.
“Appeal of different co-accused has no relevance to the choice to commute the loss of life sentence of some convicts taken to commemorate the 550th start anniversary of Guru Nanak Dev,” it had famous.
The court docket’s feedback had come after the Centre mentioned the proposal to commute loss of life sentence was not despatched to the President as enchantment of different co-accused was pending and the convict himself hadn’t filed an enchantment.
Citing Devender Pal Singh Bhullar’s case, the petitioner has claimed that the “Delay attributable to circumstances past the prisoners’ management mandates commutation of loss of life sentence.” The inordinate delay brought about agony and adversely affected his bodily and psychological well being, Rajaona contended.
