Supreme Court in its verdict on Wednesday rejected to grant relief to Babbar Khalsa terrorist, Balwant Singh Rajoana.
Balwant Singh Rajoana had assassinated the former chief minister of Punjab, Beant Singh in 1995 and was seeking commutation of his death penalty to life imprisonment. The Supreme Court asked the Centre to take a call on his mercy plea at an appropriate time in the future.
A three-judge bench of the Supreme Court, headed by Justice B R Gavai and also comprising Justice Vikram and Sanjay Karol, passed the order, after hearing Rajoana’s plea.
“We ask the competent authorities to take a decision as and when they deem necessary, on the mercy petition of Balwant Singh Rajoana,” the Bench led by Justice Gavai, read out the judgment.
The Apex Court had reserved its verdict on March 02 this year after hearing from the convict- Rajoana, Centre, and other respective parties. For killing the Punjab Chief Minister, Beant Singh in 1995, Rajaona was sentenced to the gallows in 2007 by a lower court in Punjab, and it was also upheld in 2010 by the Punjab and Haryana High Court and also finally by the Supreme Court in 2012. Former Attorney General (AG) of India and Senior Supreme Court lawyer, Mukul Rohatgi, appearing for Rajoana, had said that the death row convict- Rajoana has served 27 years in jail since 1996 and his mercy petition was filed in 2012 but still not decided.
“Keeping a prisoner on death row for so long violates their fundamental rights,” Rohatgi told the Supreme Court and pleaded for leniency in converting his death penalty to life imprisonment. He prayed to the Supreme Court to commute his death sentence on the ground of the long delay in considering the mercy petition.
“This man (Rajoana) is suffering only due to the inordinate delay. His (Rajoana’s) death sentence has to be commuted,” Rohatgi told the Supreme Court. The Supreme Court was hearing the plea filed by former Punjab Police constable and pro-Khalistan militant, Rajoana, who has been in jail for the past 26 years, for his involvement in the assassination of former Punjab Chief Minister Beant Singh.
After serving 26 years in jail, including around 10 years on death row, Rajoana, frantically pleaded to the Supreme Court seeking mercy in passing orders for his commutation from the death penalty to life imprisonment, in the former Punjab Chief Minister, Beant Singh’s assassination case.
Rajoana filed the writ petition in 2020, on the ground that the Central Government had in 2019 announced its judgment to commute his death penalty to life imprisonment and grant remission to 8 other convicts to mark the occasion of the 550th birth anniversary of Guru Nanak. Rajoana, in his petition, had sought the implementation of this Centre’s decision.
He also sought an alternate prayer to commute his death sentence on the ground of the long delay in considering the mercy petition.
The Ministry of Home Affairs (MHA) had said the mercy petition can’t be considered as it was filed by another organization and not Rajoana himself and that it can’t be decided until the appeals of other convicts were decided by the top court.
Additional Solicitor General (ASG) K M Nataraj, representing the Centre, has 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.
The Agony of Death Sentence or Mercy Plea Delays
One of the main reasons for death sentence delays is the appellate procedure allowing defendants to appeal their sentence to higher courts which can take years to resolve. Execution of the sentence is put on hold. In some cases, defendants may file multiple appeals, leading to further delays.
Another factor that contributes to delays is the backlog of cases in the courts. In many countries, including India and the United States, the justice system is overburdened, leading to lengthy delays in the resolution of cases. This backlog can lead to death row inmates spending years or even decades waiting for their sentence to be carried out.
Procedural delays can also contribute to delays in the execution of a death sentence. This can include delays in obtaining medical clearances, issues related to the availability of drugs used in lethal injections, and logistical challenges associated with carrying out an execution.
In addition, organizational weaknesses can also contribute to delays. This can include issues related to the transfer of inmates between prisons or delays in obtaining necessary paperwork.
The delays associated with death sentences can have a number of negative consequences. For the inmates on death row, the uncertainty and stress of waiting for their execution can take a severe toll on their mental health. For the families of victims, the long delays in carrying out the sentence can prolong their pain and suffering.
Moreover, the delays can also result in a loss of faith in the justice system. When death sentences are not carried out in a timely manner, it can erode public confidence in the legal system and the ability of the government to enforce the law.
Perhaps the biggest torture is delaying a mercy plea or granting the death sentence over long years filled with agony and hope.