Why Did You Not Hang Him Till Now?: Supreme Court Asks Centre In Plea To Commute Death Sentence Of Balwant Singh In Punjab CM Assassination Case

Today, the Supreme Court, while hearing the Writ Petition filed by Balwant Singh Rajoana, convicted for the 1995 assassination of Punjab Chief Minister Beant Singh, seeking to commute his death sentence to life imprisonment, questioned the inordinate delay in dealing the case. 

Singh, who has been on death row for over 17 years and in jail for 29 years, argues that an “inordinate delay” in the decision on his mercy petition has subjected him to prolonged mental trauma and uncertainty, making his death sentence untenable.

The Bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice N.V. Anjaria heard the matter and asked the Union, “Why did you not hang him till now? Who is to blame for that?”

Senior Advocate Mukul Rohatgi, appearing for Balwant Singh, submitted that Singh has been in jail for the past 29 years, as he was sentenced to death for the assassination of Punjab Chief Minister Beant Singh in 1995.

“This man is under death row for more than 15 years”, said Rohatgi and pointed out that earlier, the Supreme Court observed that Balwant did not move the mercy petition himself and the Gurudwara Committee filed a mercy petition for him.

Rohatgi also underscored that 2.6 years ago, the Apex Court had said that his petition should be decided in time, however, no action has been taken yet.

It was also submitted that sometimes Singh was in solitary confinement as well. “I don’t know if he is in sane senses or not”, said Rohatgi while pointing out the inordinate delay in the decision on his mercy petition. He submitted, "If his(Balwant Singh) death has to go, commutation must happen. If commutation happens, he will be bound to be out after 30 years."

Rohatgi also submitted that a review petition has been filed against the previous judgment of the Supreme Court with regard to the matter.

Rohatgi argued that Singh is a citizen of the country and has the rights under Article 21 of the Constitution and there cannot be a delay time and again.

ASG K.M. Nataraj, appearing for the Union, pointed out the seriousness of the case as a sitting chief minister was assassinated by Singh.

To which Rohatgi said, “Then, you should have executed him.”

Thereafter, Justice Mehta asked, “Why did you not hang him till now? Who is to blame for that?”

“I will get back on the present situation”, said ASG.

The Court recorded in its Order, “On the request of Mr. Natraj, place the matter again on October 15. It is made clear that the matter will not be adjourned at the instance of the Respondent.”

Accordingly, the matter was adjourned.

Background

Earlier, the Supreme Court sought the Punjab Government's response in the writ petition and adjourned the matter. Convicted by a special court in 2007 for his involvement in the explosion that killed Beant Singh and 16 others outside the Civil Secretariat in Chandigarh, Rajoana filed a mercy petition in 2012, which remains undecided.

While the Apex Court declined an initial commutation petition in May 2023, it directed that his mercy petition may be reviewed “as and when deemed necessary.” However, 16 months later, on September 25, the Court agreed to re-examine Rajoana’s plea on the basis of delay and has called upon the Centre and Punjab Government to clarify their stance.

The facts of the case were that, in the year 1995, in a bomb blast, the then Chief Minister of Punjab Shri Beant Singh, along with 16 others, lost their lives and a dozen others were injured. The present Petitioner along with 8 others, who were accused of having hatched a conspiracy and had executed the said bomb blast, were put to trial. Accordingly, the Trial Court in the year 2007 convicted the Petitioner along with other co-accused for offences under Sections 120-B, 302, and 307 of the IPC and under Sections 3(b), 4(b) and 5(b) r/w 6 of the Explosives Substances Act, 1908, and awarded death sentence. The High Court, however, while confirming the conviction of the co-accused Jagtar Singh, commuted the death sentence into life imprisonment. Later, a Mercy Petition was filed by Shiromani Gurudwara Prabandhak Committee on behalf of the Petitioner, but no decision was taken for more than 10 years.

Cause Title: Balwant Singh v. Union of India and Ors. [W.P.(Crl.) No. 414/2024]