Appeal to the President on the petition of the Chief Minister’s killer! In which case did the Supreme Court take such a big initiative?

New Delhi: The Supreme Court has directed the Secretary to President Draupadi Murmu to present the mercy petition of Balwant Singh Rajoana before the President. The Supreme Court has requested the President to consider the mercy petition in two weeks. Rajoana has been awarded death sentence in the murder case of the then Punjab Chief Minister Beant Singh and had filed a mercy petition before the President. Raoana has filed an application in the Supreme Court on the basis of delay in disposal of the mercy petition, requesting for reduction of sentence and release. A bench led by Supreme Court judge Justice BR Gavai has said that if the mercy petition is not considered within the stipulated time, then it will consider the petitioner’s request for relief.

Justice BR Gavai’s bench appeals to the President

During the hearing held on Monday, the Supreme Court was informed that no reply has been received from the Central Government yet. On this, Justice Gavai expressed disappointment and said that the special bench was sitting only to hear this case because the Center had said that it would file a reply. Justice Vishwanath, who was included in the bench, said in his/her oral comment that the Center is looking at the matter in a very lax manner. During the hearing, Rajoana’s lawyer Mukul Rohatgi said that the Center has not filed any reply. At the same time, the Punjab government said that the Center has to answer in this matter because the Punjab government has no role in the disposal of this mercy petition. Justice Gavai said that the Solicitor General had to appear in this case and present his/her side as he/she had said the same in the previous hearing.

Expecting reply from central government

The apex court said that this bench has been constituted specifically for this case. In the last hearing, the case was adjourned so that the Central Government could obtain instructions from the Office of the President as to the time within which the mercy petition of the petitioner would be disposed of. In such a situation, we direct that the Secretary to the President of India should present this matter before the President and request him/her to consider it within two weeks from today. We make it clear that if no decision is taken by the next date of hearing, we will consider the petitioner’s demand for interim relief.

Balwant Singh Rajoana is in jail for 29 years

Solicitor General Tushar Mehta, appearing for the Central Government in the Supreme Court, had said in the last hearing that Raoana’s mercy petition is pending with the President. Earlier, on behalf of Raoana, senior advocate Mukul Rohatgi had said that Raoana has been in jail for the last 29 years. he/she had sought interim relief and said that Raoana should be released till the President takes a decision on the mercy petition. The petitioner had said that Raoana should please be released under interim order for six months or three months.

Mercy petition is pending for 1 year and 4 months

The Supreme Court had sought the reply of the Punjab government on this. The Supreme Court bench led by Justice BR Gavai had said that it will first hear the matter and then consider any relief. During this time, the Supreme Court had told the Solicitor General to take whatever decision has to be taken on the mercy petition, otherwise we will consider the petition. The petitioner has filed an application in the Supreme Court under Article 32 asking that his/her death sentence be commuted to life imprisonment and also argued that he/she should be released. Also said that there has been a lot of delay in taking the decision on the mercy petition. The will petition is pending before the President for 1 year and 4 months. In this way his/her right to life has been violated.