Supreme Court Agrees to Rehear Balwant Singh Rajoana’s Death Sentence Case, Issues Fresh Notice to Centre and Punjab Government
In a notable legal turn of events, the Supreme Court of India consented to reexamine the case of Balwant Singh Rajoana, a death row inmate, in relation to the 1995 assassination of the former Chief Minister of Punjab, Beant Singh, on September 25, 2024. Nearly a year after initially dismissing a petition to commute his death sentence to life imprisonment, the apex court issued a fresh notice to the Centre, the Punjab government, and the Chandigarh administration, seeking their responses within four weeks regarding the delay in deciding on Rajoana’s long-pending mercy petition.
Balwant Singh Rajoana was sentenced to death in 2007 for his involvement in the 1995 bomb assassination of Beant Singh, the then Chief Minister of Punjab. Beant Singh was a key figure in tackling insurgency in Punjab during the 1980s and 1990s, and his assassination shook the state. Rajoana, convicted as a prime conspirator, has spent over 28 years in prison, of which 17 years have been as a death row inmate. Notably, he also endured 2.5 years in solitary confinement, adding to the complexity of his case.
Rajoana’s legal battle has been prolonged, with multiple petitions and hearings over the years. He first filed a mercy petition in 2012, but the matter remained unresolved for over a decade. Despite reports in 2019 suggesting that the government had decided to spare his life in commemoration of the 550th birth anniversary of Guru Nanak Dev Ji, no official decision was ever implemented.
In 2022, the Supreme Court intervened and directed the Central Bureau of Investigation (CBI) and the Central government to address the matter without further delay. The Court orally observed that the Centre’s failure to resolve the issue bordered on contemptuous behavior. Nevertheless, the Central government argued that the process was delayed because, until the previous year, there had been no formal request from Rajoana for the commutation of his sentence.
Supreme Court Reopens Case: Fresh Petition Cites Mental Trauma
In the most recent hearing on September 25, 2024, a Supreme Court bench comprising Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan issued a fresh notice to the Centre, Punjab government, and Chandigarh administration. This notice follows Rajoana’s new petition, in which he cites the “inordinate delay” in deciding his mercy petition as a ground for relief.
Rajoana’s lawyer argued that the prolonged delay—12 years since the mercy petition was first filed, with no resolution—has caused immense mental trauma and anxiety to the convict. The petition claims that this delay, compounded by Rajoana’s time on death row and in solitary confinement, has created deep psychological harm, which, under the Court’s Article 32 powers, should be considered sufficient grounds to commute the death sentence to life imprisonment.
The petitioner further highlighted that “about 1 year and 4 months have now elapsed since the disposal of the petitioner’s first writ petition, and yet his fate remains undecided.” This uncertainty, the petition argues, violates his fundamental rights and causes extreme emotional and mental distress.
Court’s Notice: Four Weeks to Respond
In its notice, the Supreme Court has asked the Central and Punjab governments, along with the Chandigarh administration, to respond to Rajoana’s plea within four weeks. The fresh notice offers a renewed chance for the case to be examined, especially considering the Supreme Court’s earlier refusal in May 2023 to commute Rajoana’s sentence, stating that the matter must be decided by the competent authority of the Central government.
The fact that the Court has agreed to rehear the case comes as a crucial opportunity for Rajoana, who has now spent almost three decades behind bars. His legal team remains hopeful that the Court’s intervention will finally lead to a resolution, either through commutation or some other form of relief.
In May 2023, the Supreme Court had refused to commute Rajoana’s death sentence, leaving the decision to the Central government. The Court had observed that while there had been a significant delay in processing his mercy petition, it was not within its jurisdiction to commute the sentence at that stage without the Centre’s recommendation. This time, however, Rajoana’s legal team has pressed for urgency, stressing that the lack of a final decision continues to inflict daily emotional and psychological harm on the convict.
Mercy Petition Delays: A Broader Issue?
The prolonged delay in deciding Rajoana’s mercy petition has raised larger questions about the functioning of the criminal justice system in India, particularly with regard to death row inmates. The Supreme Court has often observed that excessive delays in executing death sentences can violate a prisoner’s right to life and dignity under Article 21 of the Indian Constitution.
This case, like others before it, calls attention to the stress and uncertainty faced by death row inmates, particularly in cases where mercy petitions have remained pending for years. Delays in such high-profile cases also tend to attract significant public and media attention, putting pressure on both the judiciary and government authorities to expedite the decision-making process.
What Lies Ahead?
As the Supreme Court reopens the case of Balwant Singh Rajoana, all eyes are now on how the Centre and Punjab government will respond to the notice. With the apex court demanding answers within four weeks, the case may finally see some resolution after years of legal battles and delays.
For Rajoana, this represents a crucial opportunity to seek relief from the emotional and psychological toll of his prolonged time on death row. His legal team remains hopeful that the Court will consider the inordinate delays in processing his mercy petition and commute his death sentence to life imprisonment.
Meanwhile, for the broader public and legal community, this case highlights ongoing concerns about the administration of death row cases in India, especially in terms of balancing justice with human rights and procedural efficiency. As the legal proceedings unfold, Rajoana’s fate remains uncertain, but the Court’s notice offers a fresh chance at justice after nearly three decades.
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