SC reserves verdict on Balwant Singh Rajoana's plea for commutation of death penalty

New Delhi, March 2 (IANS) The Supreme Court on Thursday reserved its verdict on a plea by Punjab Chief Minister Beant Singh assassination convict Balwant Singh Rajoana seeking commutation of his death penalty on the ground that the Centre failed to decide his mercy petition for a considerably long period.

A bench headed by Justice B.R. Gavai reserved the verdict after hearing senior counsel Mukul Rohatgi, representing Rajaona, and Additional Solicitor General K.M. Natraj, representing the Centre.

Rohatgi had argued that keeping Rajaona on death row while sitting over his mercy plea for a long time violated his fundamental rights. Interestingly, Rajoana has not challenged his conviction or sentence.

In September last year, the Supreme Court had pulled up the Centre for delay in deciding the mercy petition filed on behalf of Rajoana, who has been in jail for 25 years awaiting his execution.

A bench headed by then Chief Justice U.U. Lalit said it was not inclined to entertain the request of the Centre's counsel to grant adjournment in the matter. The top court had told the Centre's counsel that four months have lapsed since its May order, as it questioned the delay in taking a decision on Rajoana's mercy plea.

The top court asked a responsible officer from the department concerned to file an affidavit on the status of the matter.

On May 2, the Supreme Court gave two months to the Centre to decide on Rajoana's mercy plea. It said the decision by the Centre should be taken as early as possible, "preferably within two months from today".

Additional Solicitor General Nataraj, representing the Centre, submitted that the mercy petition cannot be considered as it has been filed by another organisation and not by the convict. The Ministry of Home Affairs (MHA) has also argued that the mercy petition cannot be decided until the appeals filed by other convicts in the case before the apex court are not disposed of. Also, Rajoana has not challenged his conviction or sentence, either before the high court or the Supreme Court.

Citing Devender Pal Singh Bhullar's case, the petitioner argued that delay caused by circumstances beyond the prisoner's control mandates commutation of death sentence.