The Supreme Court on Monday gave a last chance to theCentre to take a decision on mercy pleas filed on behalf of Balwant SinghRajoana who was awarded the death penalty for the 1995 assassination of thenPunjab Chief Minister Beant Singh.
Solicitor general Tushar Mehta, representing the Centre,submitted before a bench headed by Chief Justice S.A. Bobde that the governmentis examining the matter and it would not be prudent to decide on Rajoana'smercy plea, as it could have some repercussions given the present situation.Mehta sought three weeks' time in the matter.
The Chief Justice said, "What are you doing MrMehta? Why three weeks? We told you to decide it before January 26, today isJanuary 25."
Mehta insisted on three weeks' time in the matter. TheChief Justice replied that the court is giving last chance to the Centre in thematter. "Two weeks", said the Chief Justice.
A bunch of mercy pleas have been filed on behalf ofBalwant Singh Rajoana, who was given death sentence for assassination of PunjabChief Minister Beant Singh. Rajoana contends he has been on death row for 10years, which is sufficient to reduce sentence to life term.
TheTimeline
OnJanuary 8, the top court had told Additional Solicitor GeneralK.M. Nataraj, representing the Centre, that the govermment should take adecision on mercy pleas seeking commutation of death penalty before January 26."It is a good date", said the Chief Justice.
OnDecember 4, the Supreme Court had said that after the Centre hasdecided to recommend presidential pardon for a convict on death row, then thependency of the appeals of the co-accused in the apex court cannot become aground to delay the process.
The top court had asked Centre when it will send theproposal to the President, under Article 72 of the Constitution, forcommutation of death sentence of Balwant Singh Rajoana, convicted in the 1995assassination case of then Punjab Chief Minister Beant Singh.
This article deals with the power of President to grantpardon, suspend, remit or commute sentences in certain cases. The bench noted that on September 7 lastyear, a letter was sent from the Ministry of Home Affairs to the Punjabchief secretary intimating that a proposal would be sent to the President tocommute Rajoana's death sentence.
The Chief Justice had cited this letter by MHA to Punjabgovernment, which said on the occasionof the 550th anniversary of Guru Nanak Dev, release of some prisoners wasproposed, which included Rajoana. Additional Solicitor General Nataraj,representing the Centre, said before the bench that the proposal was not sentto the President since appeal of other co-accused in the case is pending.
The bench had said "appeal pending by other coaccused has no relevance to decision by HM to commute death sentence of someconvicts taken to commemorate 550th birth anniversary of Guru Nanak."