The Supreme Court on Monday requested the President of India to consider the mercy petition filed by death row convict Balwant Singh Rajoana within two weeks.
The Special Bench of Justice BR Gavai, Justice Prashant Kumar Mishra and Justice KV Viswanathan directed the Secretary of President Droupadi Murmu to place the matter before her with a request to consider the same within two weeks from today.
The Apex Court said that if the mercy petition was not considered within the time stipulated, it would consider the prayers made by the petitioner for interim relief.
The Special Bench made the observations while hearing a petition filed by Rajoana under Article 32 seeking commutation of his death sentence on the grounds of ‘extraordinary’ and ‘inordinate delay’ in deciding his mercy petition, which has remained pending before the President since 2012.
A special Central Bureau of Investigation Court had convcited Rajoana, a former officer of Punjab Police, over his alleged involvement in an incident involving a deadly suicide bombing at the Chandigarh Secretariat Complex on August 31, 1995, which resulted in the death of 17 people, including the then Punjab Chief Minister Beant Singh.
The Special CBI court had convicted Rajoana on July 27, 2007 under Sections 120-B, 302, 307 of the Indian Penal Code, 1860 and Sections 3(b), 4(b) and 5(b) r/w 6 of the Explosives Substances Act, 1908.
On September 27, the Apex Court issued notice on Rajoana’s petition. The plea came up for hearing on November 4 but the Union government sought some time to take instructions in regards to how much time the President of India would take to decide on the mercy petition.
The Special Bench was today apprised that there was no response from the Union of India. Expressing its dismay, the Court stated that the Special Bench was constituted for this purpose only and the Court had deferred hearing the matter on the last occasion only because the Central government sought some time.
The Apex Court orally remarked that the Union of India had taken the matter very casually.
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