Centre asked about delay in sending proposal to Prez to commute Rajoana's death sentence

New Delhi: The Supreme Court Friday questioned the Centre over delay in sending proposal to the President for commuting the death sentence of Balwant Singh Rajoana, convicted in the 1995 assassination case of former Punjab Chief Minister Beant Singh.

A bench headed by Chief Justice S A Bobde asked the Centre to apprise it as to when the authorities concerned will send the proposal to the President under Article 72 of the Constitution. The article deals with power of President to grant pardon, suspend, remit or commute sentences in certain cases. The apex court noted that a letter was sent from the Ministry of Home Affairs to Punjab chief secretary on September 27 last year intimating that a proposal would be sent to the President to commute the death sentence of Rajoana.

The bench, also comprising Justices A S Bopanna and V Ramasubramanian, asked Additional Solicitor General K M Nataraj, appearing for the Centre, as to why the proposal has not been sent till now.

By the letter dated September 27, 2019, the Ministry of Home Affairs, Government of India has written to the Chief Secretary, Government of Punjab/ Gujarat/ Haryana/Karnataka/NCT of Delhi that on the occasion of commemoration of 550th Birth Anniversary of Guru Nanak Dev Ji, special remission and release of prisoners are proposed, the bench noted in its order. In particular, the said letter states as follows: It has been decided that 8 sikh prisoners be given special remission under Article 161 of the Constitution and released from prison. The proposal for commutation of death sentence to life imprisonment of one prisoner is to be processed under Article 72 of the Constitution of India. The State Government/Union Territory Administration concerned and Centre-State Division of Ministry of Home Affairs are requested to take all required action in this regard', the order said.

Rajoana, a former Punjab Police constable, was convicted for his involvement in an explosion outside the Punjab civil secretariat that killed Beant Singh and 16 others on August 31, 1995. The top court was hearing Rajoana's plea seeking commutation of death sentence to life term on the ground that he has been in jail for 25

years.