Binta Singh murder: SC to consider Rajoana’s request to commute death sentence November 4 | Latest Delhi News

Special Panel of Judges B.R. Hawaii, P.K. Mishra and K.V. Viswanathan will consider the application of the former Punjab Police constable.

On September 25, the Supreme Court sought a response from the Centre, the Punjab government and the Chandigarh Union Territory administration on Rajoana’s plea.

In his plea, Rajoana appealed to the Center and the Punjab government to commute his death sentence “due to inordinate delay” in its execution and in deciding the “pardon petition filed on his behalf.”

Rajoana was convicted in the Singh murder case. The former chief minister and 16 others were killed in a blast at the entrance to the civil secretariat in Chandigarh on August 31, 1995.

In July 2007, a special court sentenced Radoana to death.

Rajoana said that in March 2012, the Shiromani Gurdwara Parbandhak Committee (SGPC) filed a mercy petition on his behalf under Article 72 of the Constitution.

On May 3 last year, the apex court refused to commute his death sentence and said the competent authority could consider his mercy plea.

In his new plea filed in the top court, Rajoana said he was sentenced to a total sentence of about 28 years and eight months, of which he served 17 years on death row. He said more than a year has passed since the Supreme Court directed the competent authority to decide on his mercy petition.

The statement referred to the Supreme Court’s April 2023 order in a separate case, in which it directed all states and concerned authorities to decide on pending mercy petitions as soon as possible and without any undue delay.

“Notwithstanding the above directions, the mercy petition of the petitioner remains pending,” the statement said.

“It is submitted that this excessive and inordinate delay in deciding his mercy petition due to reasons beyond the control and control of the applicant is a violation of his right to life guaranteed under Article 21,” the statement said.

According to the statement, the issue of lengthy consideration of applications for pardon and detention of a convicted person has been repeatedly raised for consideration by the highest authority.

In one case, the statement said, the apex court ordered the death sentence to be commuted to life imprisonment, taking into account a delay of more than five years in the consideration of a mercy petition.

“It is respectfully submitted that inordinate delay in deciding the clemency petition of a death row convict (as in the present case) has consistently been held by this court to be a sufficiently compelling reason for commuting his death sentence,” the statement said.

“The applicant, sentenced to death, awaits a decision on his application for clemency for an inordinately long period of time, subjected to unimaginable mental anguish due to the uncertainty of the fate of his life for an inordinately and unreasonably long period, which is an attack on his right to life, recognized by Article 21,” the statement said.