New Delhi: The Supreme Court on Monday refused to grant interim relief to death-row prisoner Balwant Singh Rajoana, convicted for the assassination of former Punjab Chief Minister Beant Singh, and said it cannot pass any orders without hearing the other side.
The Top court was hearing the plea of Rajoana, seeking commutation of his death sentence, on the grounds of 'extraordinary' delay in deciding his mercy petition by the President of India.
The Apex Court while listing the hearing for November 18, said 'it will first hear the response of Punjab government.'
A bench comprising Justice B R Gavai, Justice Prashant Kumar Mishra and Justice KV Viswanathan asked the Punjab Counsel whether they have filed any reply to the notice served on them.
To this, the counsel replied that they could not file any reply due to Diwali Vacations.
Senior Advocate Mukul Rohatgi appearing for the Balwant Rajoana said, "he is a finished person. At least let him out for 6 months. Mercy plea is pending for last 12 years. With great respect, it's a complete violation of Article 21,' he said.
Rohatgi further said, "I am requesting some interim relief only".
The Court had issued notice on September 27, 2024 on a petition filed by Rajoana, a 57-year-old Babbar Khalsa Terrorist and a death row convict.
He had filed a petition under Article 32, seeking to comute his death sentence into life imprisonment on the grounds that an extraordinary and inordinate delay of more than one and half years has been caused in deciding his mercy petition pending before the President of India.
Solicitor General (SG) Tushar Mehta appeared for the other respondents.
Rohatagi said that the petitioner is in custody for 29 years. Originally he was convicted for an offence of Bomb explosion but later charges were made out for murder and he was given death sentence.
Counsel for Punjab sought two more weeks to file counter affidavit.
The SG submitted he needed to get instructions.
The Court said it cannot pass any orders without hearing the other side.
The bench said that it will only consider the petition for such relief only after hearing the matter in detail.
The Apepx Court had earlier disposed of his petition on May 2024 saying that the concerned authorities will take action on the mercy plea.
Rohatagi contented that more than one and half years have passed by but no action has been taken on his mercy petition which is a violation of Article 21 of the Constitution.
