New Delhi, Jan 20 (UNI) The Supreme Court on Monday issued a final ultimatum to the Union Government to decide on the pending mercy petition of Balwant Singh Rajoana, a Babbar Khalsa terrorist sentenced to death for his involvement in the assassination of former Punjab Chief Minister Beant Singh.
The apex court has scheduled the matter for hearing on March 18, warning that it will decide the plea on merits if no decision is made by then.
Rajoana’s mercy plea, pending since 2012, seeks commutation of his death sentence on the grounds of inordinate delay.
Senior Advocate Mukul Rohatgi, appearing for Rajoana, argued that the prolonged delay violates the convict’s fundamental rights, pointing out that Rajoana has spent 29 years in custody, including 15 years on death row.
Rohatgi further emphasized that Rajoana has chosen not to appeal his conviction or sentence, highlighting his claim of being subjected to inhuman treatment due to the prolonged uncertainty surrounding his execution.
Solicitor General Tushar Mehta, representing the Union Government, requested 4–6 weeks of additional time, citing the sensitive nature of the case.
However, a bench comprising Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan, firmly stated, “We will grant you time by way of last chance. Either you take a decision, or we will hear the matter on merits.”
Balwant Singh Rajoana was convicted for his role in the August 31, 1995, suicide bombing at the Chandigarh Secretariat complex, which killed Beant Singh and 16 others. The attack was allegedly carried out in retaliation for the counter-terrorism policies of the Beant Singh-led Punjab government.
The Punjab and Haryana High Court upheld Rajoana’s death sentence in 2010, while the sentence of co-accused Jagtar Singh Hawara was commuted to life imprisonment. Rajoana refused to appeal against his conviction, expressing disdain for the Indian judicial system.
In 2012, a mercy petition was filed on Rajoana’s behalf by the Shiromani Gurdwara Prabandhak Committee (SGPC) under Article 72 of the Constitution. However, the petition has remained undecided. In 2019, the Union Government announced plans to commute Rajoana’s sentence to life imprisonment as part of commemorations for Guru Nanak Dev’s 550th birth anniversary.
Despite this, no formal decision was made, and the Home Ministry cited procedural and security concerns as reasons for the delay.
In 2022, the Supreme Court directed the Union Government to decide on the mercy petition within a specific timeframe. Despite multiple extensions, no resolution has been reached.
In May 2023, a Supreme Court bench declined to commute Rajoana’s death penalty but directed the competent authority to decide the mercy petition “in due course of time.”
Rohatgi argued that Rajoana’s continued detention on death row violates established jurisprudence, which states that prolonged delays in execution justify commutation. He also sought parole for Rajoana, allowing him to return to his village pending the decision on his mercy plea.
The Court has now made it clear that further delays will not be tolerated. If the Union Government fails to act, the Court will independently evaluate the case and make its decision.
The matter will be taken up again on March 18, with the Supreme Court keenly observing whether the Union Government resolves the long-pending issue.
Meanwhile, the President of India is yet to take any action on the mercy petition.
