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BALWANT SINGH v. UOI: Rajoana
FAQs
1. Who is Balwant Singh Rajoana and why was he sentenced to death?
Balwant Singh Rajoana, a member of Babbar Khalsa, was convicted for the assassination of Punjab Chief Minister Beant Singh in 1995. He was awarded the death penalty in 2007 for his role in the attack.
2. Did Rajoana appeal against his conviction or file for mercy?
No, he refused to challenge his conviction or sentence, calling it an act of protest against the Indian judicial system. However, the Shiromani Gurdwara Parbandhak Committee (SGPC) filed a mercy petition on his behalf under Article 72 (President’s clemency power).
3. What is the controversy regarding his mercy petition?
Rajoana himself asked the SGPC to withdraw the petition, but it has remained pending before the President of India since 2012. The Union Government has repeatedly cited national security reasons for not deciding it.
4. How does the Shatrughan Chouhan case relate to Rajoana’s situation?
In Shatrughan Chouhan v. Union of India (2014), the Supreme Court held that inordinate and unexplained delay in deciding mercy petitions can be grounds to commute a death sentence to life imprisonment. Rajoana’s plea cites this precedent, arguing that over a decade-long delay violates his rights.
5. What is the significance of the Perarivalan case for Rajoana?
In A.G. Perarivalan v. Union of India (2022), the Supreme Court ruled that a convict who had served more than 14 years in prison could be released under Article 142, even without Presidential approval. Rajoana, having served nearly 29 years, invokes this precedent to seek commutation and release.
6. What stand has the Supreme Court recently taken?
The Court has asked the Union Government to clarify its position and submit a status report. It has also questioned why such delay persists if execution was intended, and whether indefinite pendency violates constitutional guarantees.
7. What outcome is possible in Rajoana’s case?
Given the precedents of Shatrughan Chouhan and Perarivalan, the Supreme Court may either commute his death penalty to life imprisonment or direct his release on grounds of prolonged incarceration and delay in deciding the mercy petition.
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