The Supreme Court of India has temporarily held its order directing the President to decide on the mercy petition of death row convict Balwant Singh Rajoana within two weeks. This development comes after an urgent request from Solicitor General (SG) Tushar Mehta, who cited sensitivities surrounding the matter.
On the morning of November 18, 2024, a special bench comprising Justice BR Gavai, Justice PK Mishra, and Justice KV Viswanathan had initially passed an order, directing the President to take a decision on Rajoana’s mercy plea within a 14-day period. However, the Solicitor General, who was absent during the morning session, made an urgent mention at 1 PM before the bench as it was about to rise for the lunch recess.
SG Mehta apologized for his absence and explained that the mercy petition file was with the Home Ministry, not the President, and stressed the need for caution due to the “sensitivities” involved in the case. He requested that the order not be signed or uploaded until further instructions could be sought from the Government.
Justice Gavai, after hearing the request, agreed to delay the signing and uploading of the order, saying, “We are not passing that order.” The bench also agreed to take up the matter again on Monday, giving SG Mehta time to obtain instructions from the Government.
Balwant Singh Rajoana, convicted for his role in the 1995 assassination of Punjab Chief Minister Beant Singh, has been on death row for nearly three decades. His petition argues that the delay in deciding his mercy petition is “inordinate” and violates his constitutional rights. The Supreme Court’s intervention has placed a temporary hold on any further action, with the next hearing scheduled for Monday.
