Sunday, December 8th, 2024

Take a decision, otherwise… Supreme Court gives ultimatum to the Center on the mercy petition of Beant murder convict.

New Delhi: The Supreme Court has fixed November 18 for hearing the application of death row convict Balwant Singh Rajoana in the murder case of former Punjab CM Beant Singh. In the petition, Rajoana has sought commutation of the death sentence to life imprisonment and release on the basis of delay in taking decision on the mercy petition. The Supreme Court has asked the Central Government to take whatever decision it wants on the mercy petition or else we will consider Raoana’s application.

Solicitor General Tushar Mehta, appearing for the Central Government in the Supreme Court, said that Raoana’s mercy petition is pending with the President. Earlier, senior advocate Mukul Rohatgi, appearing for Raoana, said that Raoana has been in jail for the last 29 years. he/she sought interim relief and said that Raoana should be released till the President takes a decision on the mercy petition.

The petitioner said that Raoana should please be released under interim order for six months or three months. At least he/she should be given a chance to see the world outside the jail. The Supreme Court said that we want the answer of the Punjab government. Will hear after that. The Supreme Court bench led by Justice BR Gavai has said that it will first hear the matter and then consider any relief. During this, the Supreme Court told the Solicitor General to take whatever decision has to be taken on the mercy petition, otherwise we will consider the petition.

Supreme Court had issued notice on 27 September

The Supreme Court had issued a notice on September 27 on the application of 57-year-old Rajoana, asking the Center and the state to file their reply. 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.

Mercy petition pending before the President

The mercy petition is pending before the President for 1 year and 4 months. On behalf of the petitioner, Mukul Rohatgi argued that there was a lot of delay in taking the decision on the will petition and this is shocking. Also said that the petitioner has been in jail for 29 years. he/she was convicted in the bomb blast case in 1996. During this, Justice Gavai has asked the lawyer of Punjab Government whether the reply has been filed on their behalf. Then the Punjab Government said that the reply could not be filed due to holidays.

Hearing postponed to November 18

The Supreme Court has said that the Punjab government should file its reply within two weeks and has postponed the hearing for November 18. During this, Rohatgi said that interim relief should be given in the case. Rohatgi said that Rajoana has been in jail for 28 years and 8 months, out of which, after getting death sentence for 17 years, he/she was kept in a small cell and for two and a half years he/she was kept in the dungeon. It has also been said that other co-accused are sentenced to life imprisonment. Rohatgi said that Rajoana’s mercy petition has been pending for more than a year. The petitioner has also said in his/her application that mercy petition was filed on his/her behalf but it is pending. In this way his/her right to life has been violated.

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