Explore the in-depth legal examination conducted by the court regarding the commutation of a mercy petition in a recent case. This summary focuses on the court’s analysis of the legal aspects involved and sheds light on the critical considerations taken into account during the decision-making process.
Facts
- The petitioner and co-accused were tried for offences under sections 302/307/120-B of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act in Sessions Case No.2-A of 1995.
- The Trial Court sentenced the petitioner and co-accused Jagtar Singh Hawara to death sentence.
- The High Court affirmed the order of conviction and sentence awarded to the petitioner.
- The co-accused Jagtar Singh Hawara challenged his death sentence and the High Court substituted it with imprisonment for life.
- A letter was written by the Ministry of Home Affairs on 27.09.2019 to Chief Secretaries proposing special remission and release of prisoners on the occasion of Guru Nanak Dev Ji’s 550th Birth Anniversary.
- The present writ petition requests immediate disposal of the mercy petition filed by the petitioner in 2012 and commutation of his death sentence to life imprisonment.
- Allegations of inaction by authorities in not commutting the petitioner’s death sentence as per the communication dated 27.09.2019 are raised in the petition.
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Analysis
- The petitioner did not prefer any mercy petition himself, but certain organizations did on his behalf.
- The pending appeals of co-accused in the Court do not impact the consideration of the mercy petition for the petitioner.
- The petitioner did not file any appeal against his sentence.
- The Central Bureau of Investigation (CBI) conducted the prosecution in the case, and the authority to consider commutation and remission issues lies with the Central Government.
- The petitioner’s preference of the instant writ petition allows the matter to be considered despite potential issues with the mercy petition
- The directions issued by the Court on 04.12.2020 permit consideration of the matter
- The appeal by the co-accused does not prevent consideration of the case as per the Court’s order
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Decision
- The decision on the mercy petitions filed on behalf of convict Balwant Singh Rajoana under Article 72 of the Constitution should be taken as early as possible and preferably within two months from today.
- The concerned authorities should consider the matter without being influenced by the fact that the appeal filed on behalf of the co-accused is pending consideration before the Court.
- The matter will be listed for further consideration on 22.07.2022.
Case Title: BALWANT SINGH Vs. UNION OF INDIA (2022 INSC 495)
Case Number: W.P.(Crl.) No.-000261 / 2020
