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New Delhi: The Supreme Court has directed the Centre to file its response within two weeks on the mercy petition of Balwant Singh Rajoana, a convict in the assassination of former Punjab Chief Minister Beant Singh, seeking commutation of his death sentence to life imprisonment. A Bench comprising Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi made it clear that no further time would be granted, signalling the court’s growing impatience over the prolonged delay.
29 years on death row, mercy plea pending since 2012
Rajoana, a former Punjab Police constable, has spent over 29 years in jail awaiting execution, after being sentenced to death in 2007 for his role in the 1995 blast outside the Chandigarh Civil Secretariat that killed Beant Singh and 17 others. His mercy petition—filed by the Shiromani Gurdwara Parbandhak Committee in March 2012—has remained undecided for more than 13 years, forming the core of his plea.
Court questions delay, warns Centre.
The Bench questioned the Centre’s inaction: “Why have you not filed your counter-affidavit so far?”
It directed the government to place its stand formally on record, warning that failure to respond would leave the allegations unchallenged. The Centre had earlier indicated it may submit certain documents in a sealed cover, but the court insisted on a proper affidavit.
Key legal argument: Delay as a ground for commutation
Appearing for Rajoana, senior advocate Mukul Rohatgi argued that the inordinate delay in deciding mercy petitions itself constitutes a ground for commuting death sentences, citing precedents such as the Devender Pal Singh Bhullar case.
The plea highlights:
- Prolonged uncertainty causes mental agony and trauma
- Delay is beyond the prisoner’s control
- Violation of fundamental rights under Article 21
Centre’s stand: Security and procedural issues
The Ministry of Home Affairs has previously argued that:
- The mercy petition was filed by the SGPC, not Rajoana personally
- A decision could impact law and order and national security
- Consideration should await outcomes in related cases
However, the Supreme Court has repeatedly pressed the Centre to take a final call, even setting deadlines earlier that were not met.
Long legal journey and repeated hearings
The case has seen multiple rounds of litigation:
- 2023: SC refused immediate commutation but asked the Centre to decide the mercy plea
- 2024: Court agreed to re-examine the issue due to continued delay
- 2025: Deadline set for Centre, warning it would decide the case itself if no action is taken
Despite these directions, no final decision has been made, prompting the latest intervention.
What lies ahead
With the two-week deadline now in place, the Centre’s response will be crucial in determining whether:
- The mercy plea is accepted or rejected
- The Supreme Court proceeds to decide the matter on the merits
The case raises larger questions about capital punishment, delay in mercy petitions, and constitutional protections for death row convicts, making it one of the most closely watched legal battles in recent times.
