Friday, 30 March 2012

Update on Supreme Court Proceedings

New Delhi, Fri, 30 Mar 2012

The Supreme Court of India Friday dismissed the plea of a NGO seeking clemency for Balwant Singh Rajoana, who is on death sentence and his execution is scheduled on March 31, 2012.

Rejecting the plea, a bench of two justices - Justices T.S. Thakur and Gyan Sudha Misra said it could not pass any direction, as Rajoana has not filed any petition before it. In this matter the apex court asked how, in a criminal matter, could a person other than the accused move the higher court seeking relief against the award of a sentence.

Ramakrishna had filled the petition under Article 32. According to law, only a person whose fundamental right is violated could invoke Article 32.

The court also noted that there was no pressing situation as the government had already put on hold the implementation of Rajoana's death sentence.

As it is known that Rajoana was not interested in seeking clemency for him and he had earlier forbade Akali Dal for seeking it.

In a letter, which Rajoana had written to Akali Dal, said that Akali Dal for pushing for his mercy due to having fear that it may loose supports of Sikhs in the state. Rajoana has slammed the Party for not fighting for Sikhs? right who were slain in 1984 anti-sikh riots.

The bench also said that petitioner Abhinav Ramakrishna, an advocate, has no locus standi to plead on Rajoana's behalf.

However, bench has allowed to NGO (Lawyers for Human Rights International) to withdraw its petition filed with a similar plea.

The rejection of plea has ended the hope of several sikh groups who were demanding mercy for Rajona, a convict for killing erstwhile Chief Minister of Punjab Beant Singh in 1995.

The kin of Beant Singh too have reportedly forgiven Rajoana.

Rajoana was one of the main conspires of Beant Singh murder case where he served as a back-up bomb in case Dilawar, the main suicide bomb failed.

The main suicide bomber was dead on the spot in his self-explosion. Beant Singh and other 17 were also killed in the bomb blast.

Jagatar Singh Hawara, the mastermind of this blast was also in the jail who was on earlier death sentence but later his death sentence was converted into life time imprisonment when he filled a mercy petition before the court.