News Analysis India

Tag: death sentence

  • Gorakhpur temple attack: ATS court hands death sentence to accused Ahmed Murtaza Abbasi

    Express News Service

    LUCKNOW: An anti-terror court in Lucknow, on Monday, awarded death penalty to Ahmad Murtaza Abbasi, who was convicted for attacking a security staff at Gorakhpur’s Gorakhnath temple with a sharp-edged weapon in April, last year.

    Abbasi was convicted by the special ATS court judge Vivekananda Sharan Pandey in Lucknow on Saturday. An Indian Institute of Technology (IIT) graduate, Abbasi had tried to forcibly enter the Gorakhnath Muthh premises of which UP CM Yogi Adityanath is head priest, on April 3, last year.

    In the attack, two constables of the Provincial Armed Constabulary (PAC) were injured. However, the attacker was overpowered by the security personnel and arrested. The Uttar Pradesh ATS had carried out the investigation in connection with the incident

    According to the FIR lodged by head constable Vinay Kumar Mishra on April 4, last year while he was guarding Gate number 1 of the temple as security in-charge, Abbasi attacked his companion constable Anil Kumar Paswan with a sickle injuring him and tried to enter the temple forcibly. When other security guards stopped him, he also injured another sepoy Gopal Gaur and started chanting religious slogans while brandishing the sickle.

    The FIR had also said that finally Abbasi was overpowered and his weapon along with with his laptop and some radical literature in Urdu was recovered.

    Prashant Kumar, Additional Director General of Police (ADG-Law and Order), had claimed that there could be a terror angle behind the incident. The Uttar Pradesh Home Department had also termed the incident as a part of a deep conspiracy saying that it could be a terror incident.

    Later the investigation was handed over to UP ATS and investigation Officer Deputy SP Sanjai Verma filed the chargesheet in the case after the investigation.

    The state government had arranged a lawyer for the accused who continued to claim that he attacked the security guards as he was mentally unstable but failed to substantiate it. The testimony of 27 witnesses led to Abbasi’s conviction in the case.

    LUCKNOW: An anti-terror court in Lucknow, on Monday, awarded death penalty to Ahmad Murtaza Abbasi, who was convicted for attacking a security staff at Gorakhpur’s Gorakhnath temple with a sharp-edged weapon in April, last year.

    Abbasi was convicted by the special ATS court judge Vivekananda Sharan Pandey in Lucknow on Saturday. An Indian Institute of Technology (IIT) graduate, Abbasi had tried to forcibly enter the Gorakhnath Muthh premises of which UP CM Yogi Adityanath is head priest, on April 3, last year.

    In the attack, two constables of the Provincial Armed Constabulary (PAC) were injured. However, the attacker was overpowered by the security personnel and arrested. The Uttar Pradesh ATS had carried out the investigation in connection with the incident

    According to the FIR lodged by head constable Vinay Kumar Mishra on April 4, last year while he was guarding Gate number 1 of the temple as security in-charge, Abbasi attacked his companion constable Anil Kumar Paswan with a sickle injuring him and tried to enter the temple forcibly. When other security guards stopped him, he also injured another sepoy Gopal Gaur and started chanting religious slogans while brandishing the sickle.

    The FIR had also said that finally Abbasi was overpowered and his weapon along with with his laptop and some radical literature in Urdu was recovered.

    Prashant Kumar, Additional Director General of Police (ADG-Law and Order), had claimed that there could be a terror angle behind the incident. The Uttar Pradesh Home Department had also termed the incident as a part of a deep conspiracy saying that it could be a terror incident.

    Later the investigation was handed over to UP ATS and investigation Officer Deputy SP Sanjai Verma filed the chargesheet in the case after the investigation.

    The state government had arranged a lawyer for the accused who continued to claim that he attacked the security guards as he was mentally unstable but failed to substantiate it. The testimony of 27 witnesses led to Abbasi’s conviction in the case.

  • SC commutes death penalty of rape, murder convict who spent 10-yrs solitary confinement in jail 

    By PTI

    NEW DELHI: The Supreme Court Friday commuted the death sentence awarded to a man for the rape and murder of a widow in 1998, noting he was in solitary confinement in jail for about 10 years.

    The top court said the incarceration of the convict in solitary confinement showed ill effects on his well-being.

    The apex court was hearing a plea filed by B A Umesh who was involved in the rape and murder of a widow in Bengaluru in 1998.

    “In the instant case, the death sentence was awarded to the appellant in 2006 by the trial court and the mercy petition was finally disposed of by the President on May 12, 2013, which means that the incarceration of the appellant in solitary confinement and segregation from 2006 to 2013 was without the sanction of law and completely opposed to the principles laid down by this court “In the instant case, the period of solitary confinement is for about 10 years and has two elements: one, from 2006 till the disposal of the mercy petition in 2013; and secondly from the date of such disposal till 2016,” a three-judge bench headed by Chief Justice U U Lalit said.

    The top court said the ends of justice would be met if the death sentence awarded to the appellant is commuted.

    “The incarceration in solitary confinement thus did show ill effects on the well-being of the appellant. In the backdrop of these features of the matter, in our view, the appellant is entitled to have the death sentence imposed upon him to be commuted to life.”

    “We impose upon him the sentence of life imprisonment with a rider that he shall undergo a minimum sentence of 30 years and if any application for remission is moved on his behalf, the same shall be considered on its own merits only after he has undergone the actual sentence of 30 years,” the bench also comprising Justices S Ravindra Bhat and P S Narasimha said.

    On the ground of delay in deciding the appeal of the convict, the apex court said the time taken by each of these authorities and the functionaries cannot be termed as “inordinate delay” and secondly it was not as if every passing day was adding to the agony of the appellant.

    NEW DELHI: The Supreme Court Friday commuted the death sentence awarded to a man for the rape and murder of a widow in 1998, noting he was in solitary confinement in jail for about 10 years.

    The top court said the incarceration of the convict in solitary confinement showed ill effects on his well-being.

    The apex court was hearing a plea filed by B A Umesh who was involved in the rape and murder of a widow in Bengaluru in 1998.

    “In the instant case, the death sentence was awarded to the appellant in 2006 by the trial court and the mercy petition was finally disposed of by the President on May 12, 2013, which means that the incarceration of the appellant in solitary confinement and segregation from 2006 to 2013 was without the sanction of law and completely opposed to the principles laid down by this court “In the instant case, the period of solitary confinement is for about 10 years and has two elements: one, from 2006 till the disposal of the mercy petition in 2013; and secondly from the date of such disposal till 2016,” a three-judge bench headed by Chief Justice U U Lalit said.

    The top court said the ends of justice would be met if the death sentence awarded to the appellant is commuted.

    “The incarceration in solitary confinement thus did show ill effects on the well-being of the appellant. In the backdrop of these features of the matter, in our view, the appellant is entitled to have the death sentence imposed upon him to be commuted to life.”

    “We impose upon him the sentence of life imprisonment with a rider that he shall undergo a minimum sentence of 30 years and if any application for remission is moved on his behalf, the same shall be considered on its own merits only after he has undergone the actual sentence of 30 years,” the bench also comprising Justices S Ravindra Bhat and P S Narasimha said.

    On the ground of delay in deciding the appeal of the convict, the apex court said the time taken by each of these authorities and the functionaries cannot be termed as “inordinate delay” and secondly it was not as if every passing day was adding to the agony of the appellant.

  • SC affirms death penalty of LeT terrorist in 2000 Red Fort attack case, rejects review plea 

    By PTI

    NEW DELHI: The Supreme Court on Thursday dismissed a plea of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq seeking review of its verdict awarding death penalty to him in the sensational 2000 Red Fort attack case that left three Army jawans dead.

    The apex court said there was nothing on record which can be taken to be a mitigating circumstance in Arif’s favour and the fact that there was a “direct attack” on the unity, integrity and sovereignty of India completely outweighs the factors which may even remotely be brought into consideration as the mitigating circumstances.

    Dealing with the issue raised by the petitioner that the courts concerned had erred in allowing call records to be admitted in evidence in the absence of an appropriate certificate under section 65-B of the Indian Evidence Act, a bench headed by Chief Justice Uday Umesh Lalit said the other circumstances on record do clearly spell out and prove beyond any doubt his involvement in the crime.

    The bench, also comprising justices S R Bhat and Bela M Trivedi, said it is well accepted that the cumulative effect of the aggravating factors and the mitigating circumstances must be taken into account before the death sentence is awarded.

    “Coming back to the instant case, there is nothing on record which can be taken to be a mitigating circumstance in favour of the review petitioner. The suggestion that there is a possibility of retribution and rehabilitation is not made out from and supported by any material on record,” it said.

    “On the other hand, the aggravating circumstances evident from the record and especially the fact that there was a direct attack on the unity, integrity and sovereignty of India, completely outweigh the factors which may even remotely be brought into consideration as mitigating circumstances on record,” the bench said in its 40-page judgement.

    According to the prosecution, on the night of December 22, 2000, some intruders had entered the area where the unit of 7 Rajputana Rifles of the Indian Army was stationed inside the Red Fort here. The police had said that in the firing that was opened by the intruders, who had thereafter left by scaling the rear side boundary wall of the Red Fort, three Army jawans had lost their lives.

    Arif was awarded death sentence by a trial court in October 2005 and the Delhi High Court had affirmed the view of the trial court in September 2007. He had then approached the apex court challenging the high court’s verdict. The top court had in August 2011 affirmed the death sentence awarded to Arif.

    Later, his review petition came up before a two-judge bench of the apex court which dismissed it in August 2012.

    The curative petition was also rejected in January 2014. Thereafter, he filed a petition submitting that review petitions in matters arising out of the award of death sentence be heard by a bench of three judges and in open court.

    ALSO READ | Nothing changes with death penalty

    A constitution bench of the apex court had in its September 2014 judgement concluded that in all cases in which a death sentence was awarded by the high court, such matters be listed before a bench of three judges.

    Before the September 2014 verdict, the review and curative petitions of death row convicts were not heard in open courts but were decided in chamber proceedings by circulation.

    In January 2016, a constitution bench had directed that Arif shall be entitled to seek a re-opening of the dismissal of the review petitions for an open court hearing within one month.

    In its verdict delivered on Thursday, the apex court noted that the challenge has been raised principally on four grounds, including that any possibility of retribution and rehabilitation of the review petitioner or that he would continue to be a threat to society, was not considered by the courts.

    It said one of the grounds raised by Arif was that his disclosure statements must be taken to be inadmissible on account of ill-treatment meted out to him during the intervening night between his actual arrest and his formal arrest.

    The bench noted that the basic submission advanced by Arif’s counsel was about the admissibility of electronic records being called data records (CDRs).

    The top court referred to some previous judgements delivered by the apex court including on the issue of admissibility of call records without there being an appropriate certificate under section 65-B(4) of the Evidence Act.

    “In conclusion, it must therefore be observed that even after eschewing circumstances ‘h’ and ‘j’ which were directly attributable to the CDRs relied upon by the prosecution, the other circumstances on record do clearly spell out and prove beyond any doubt the involvement of the review petitioner in the crime in question,” it said.

    The bench said the disclosure statement was held to have been proved by the courts in the matter and in review jurisdiction, it would not be possible to enter into questions regarding admissibility of such disclosure statement on issues of fact.

    It said the disclosure statement had led the police to hide out here and when the police team arrived with Arif, there was firing on the police and after one Abu Shamal alias Faisal had died in the encounter, certain fire arms and ammunition were recovered.

    “The submission that such recovery of ammunition or the encounter of Abu Shamal could not be associated with the disclosure statement of the review petitioner is not quite correct,” the apex court said.

    “Consequently, we do not find any merit in the instant review petitions, which are accordingly dismissed,” it said.

    NEW DELHI: The Supreme Court on Thursday dismissed a plea of Lashkar-e-Taiba (LeT) terrorist Mohammad Arif alias Ashfaq seeking review of its verdict awarding death penalty to him in the sensational 2000 Red Fort attack case that left three Army jawans dead.

    The apex court said there was nothing on record which can be taken to be a mitigating circumstance in Arif’s favour and the fact that there was a “direct attack” on the unity, integrity and sovereignty of India completely outweighs the factors which may even remotely be brought into consideration as the mitigating circumstances.

    Dealing with the issue raised by the petitioner that the courts concerned had erred in allowing call records to be admitted in evidence in the absence of an appropriate certificate under section 65-B of the Indian Evidence Act, a bench headed by Chief Justice Uday Umesh Lalit said the other circumstances on record do clearly spell out and prove beyond any doubt his involvement in the crime.

    The bench, also comprising justices S R Bhat and Bela M Trivedi, said it is well accepted that the cumulative effect of the aggravating factors and the mitigating circumstances must be taken into account before the death sentence is awarded.

    “Coming back to the instant case, there is nothing on record which can be taken to be a mitigating circumstance in favour of the review petitioner. The suggestion that there is a possibility of retribution and rehabilitation is not made out from and supported by any material on record,” it said.

    “On the other hand, the aggravating circumstances evident from the record and especially the fact that there was a direct attack on the unity, integrity and sovereignty of India, completely outweigh the factors which may even remotely be brought into consideration as mitigating circumstances on record,” the bench said in its 40-page judgement.

    According to the prosecution, on the night of December 22, 2000, some intruders had entered the area where the unit of 7 Rajputana Rifles of the Indian Army was stationed inside the Red Fort here. The police had said that in the firing that was opened by the intruders, who had thereafter left by scaling the rear side boundary wall of the Red Fort, three Army jawans had lost their lives.

    Arif was awarded death sentence by a trial court in October 2005 and the Delhi High Court had affirmed the view of the trial court in September 2007. He had then approached the apex court challenging the high court’s verdict. The top court had in August 2011 affirmed the death sentence awarded to Arif.

    Later, his review petition came up before a two-judge bench of the apex court which dismissed it in August 2012.

    The curative petition was also rejected in January 2014. Thereafter, he filed a petition submitting that review petitions in matters arising out of the award of death sentence be heard by a bench of three judges and in open court.

    ALSO READ | Nothing changes with death penalty

    A constitution bench of the apex court had in its September 2014 judgement concluded that in all cases in which a death sentence was awarded by the high court, such matters be listed before a bench of three judges.

    Before the September 2014 verdict, the review and curative petitions of death row convicts were not heard in open courts but were decided in chamber proceedings by circulation.

    In January 2016, a constitution bench had directed that Arif shall be entitled to seek a re-opening of the dismissal of the review petitions for an open court hearing within one month.

    In its verdict delivered on Thursday, the apex court noted that the challenge has been raised principally on four grounds, including that any possibility of retribution and rehabilitation of the review petitioner or that he would continue to be a threat to society, was not considered by the courts.

    It said one of the grounds raised by Arif was that his disclosure statements must be taken to be inadmissible on account of ill-treatment meted out to him during the intervening night between his actual arrest and his formal arrest.

    The bench noted that the basic submission advanced by Arif’s counsel was about the admissibility of electronic records being called data records (CDRs).

    The top court referred to some previous judgements delivered by the apex court including on the issue of admissibility of call records without there being an appropriate certificate under section 65-B(4) of the Evidence Act.

    “In conclusion, it must therefore be observed that even after eschewing circumstances ‘h’ and ‘j’ which were directly attributable to the CDRs relied upon by the prosecution, the other circumstances on record do clearly spell out and prove beyond any doubt the involvement of the review petitioner in the crime in question,” it said.

    The bench said the disclosure statement was held to have been proved by the courts in the matter and in review jurisdiction, it would not be possible to enter into questions regarding admissibility of such disclosure statement on issues of fact.

    It said the disclosure statement had led the police to hide out here and when the police team arrived with Arif, there was firing on the police and after one Abu Shamal alias Faisal had died in the encounter, certain fire arms and ammunition were recovered.

    “The submission that such recovery of ammunition or the encounter of Abu Shamal could not be associated with the disclosure statement of the review petitioner is not quite correct,” the apex court said.

    “Consequently, we do not find any merit in the instant review petitions, which are accordingly dismissed,” it said.

  • Every opportunity be given to accused for consideration of mitigating circumstances: SC on death penalty

    By PTI

    NEW DELHI: A death sentence is irreversible and every opportunity should be given to the accused for consideration of mitigating circumstances so that the court concludes that capital punishment is not warranted, the Supreme Court Wednesday said.

    A three-judge bench headed by Justice U U Lalit, which reserved its order on guidelines regarding potential mitigating circumstances, said courts can adjourn the matter before sentencing to achieve the mitigating exercises suitably.

    “Death sentence is irreversible.

    If it is irreversible, then every opportunity should be given to the accused (for consideration of mitigating circumstances),” the bench also comprising Justices S R Bhat and Sudhanshu Dhulia, observed.

    The top court said that if on the basis of crime theory, the court comes to a conclusion that a death sentence is not warranted, then it should have the freedom to give a life term on the same day.

    “But if the matter requires some extra conversation towards the death penalty, their mitigating exercise must be undertaken,” it said.

    Senior advocate Siddhartha Dave, who has been appointed as amicus curiae, submitted that mitigating circumstances are to be framed as per the earlier order of the apex court.

    The top court had earlier said there is an urgent need to ensure that the mitigating circumstances for conviction of offences that carry the possibility of a death sentence are considered at the trial stage.

    It had said for an offence carrying capital punishment, the state must, at an appropriate stage, produce material that is preferably collected beforehand, before the Sessions Court disclosing the psychiatric and psychological evaluation of the accused.

    In criminal law, mitigating circumstances are factors that help lessen the guilt of an offender and encourage the judge to be more lenient with the sentencing.

    NEW DELHI: A death sentence is irreversible and every opportunity should be given to the accused for consideration of mitigating circumstances so that the court concludes that capital punishment is not warranted, the Supreme Court Wednesday said.

    A three-judge bench headed by Justice U U Lalit, which reserved its order on guidelines regarding potential mitigating circumstances, said courts can adjourn the matter before sentencing to achieve the mitigating exercises suitably.

    “Death sentence is irreversible.

    If it is irreversible, then every opportunity should be given to the accused (for consideration of mitigating circumstances),” the bench also comprising Justices S R Bhat and Sudhanshu Dhulia, observed.

    The top court said that if on the basis of crime theory, the court comes to a conclusion that a death sentence is not warranted, then it should have the freedom to give a life term on the same day.

    “But if the matter requires some extra conversation towards the death penalty, their mitigating exercise must be undertaken,” it said.

    Senior advocate Siddhartha Dave, who has been appointed as amicus curiae, submitted that mitigating circumstances are to be framed as per the earlier order of the apex court.

    The top court had earlier said there is an urgent need to ensure that the mitigating circumstances for conviction of offences that carry the possibility of a death sentence are considered at the trial stage.

    It had said for an offence carrying capital punishment, the state must, at an appropriate stage, produce material that is preferably collected beforehand, before the Sessions Court disclosing the psychiatric and psychological evaluation of the accused.

    In criminal law, mitigating circumstances are factors that help lessen the guilt of an offender and encourage the judge to be more lenient with the sentencing.

  • UP court sentences two to death for killing minor boy

    By PTI

    SHAHJAHANPUR: A local court on Wednesday sentenced to death two men convicted of killing an eight-year-old boy.

    The boy, Anmol, was shot dead by the convicts, Manoj and Sunil, in an agriculture field on the morning of January 28, 2015.

    Anmol’s father, Rajveer, was spraying pesticide in the field at the time of the incident, assistant district government advocate Umesh Chandra Agnihotri said.

    Judge Mohammad Qamar Fast Track Court (I) convicted Manoj and Sunil on the basis of evidence and testimony of witnesses in the case and sentenced them to death, he said.

    Manoj and Sunil are residents of Jallapur village here, Agnihotri said.

  • Man sentenced to death for raping, killing 8-year-old girl in Uttar Pradesh

    By PTI

    BULANDSHAHR: A special court on Friday sentenced a young man to death for raping and killing an eight-year-old girl in Bulandshahr district of Uttar Pradesh last year.

    The special judge for cases registered under the Protection of Children from Sexual Offences (POCSO) Act also imposed a fine of Rs 1 lakh on convict Ashok.

    According to the prosecution, the girl had gone to pick berries on August 4 last year when Ashok lured her to a field and raped her.

    Then he strangled her to death.

    The girl’s body was recovered from the sugarcane field and subsequent postmortem confirmed rape.

    Ashok was later arrested.

  • UP man given death term for killing three, including infant, and raping her mother

    By PTI
    LUCKNOW: An Azamgarh court on Wednesday gave a death sentence to a man for killing three members of a family, including a four-month-old child, after raping her mother in a village under Mubarakpur police station of the district 17 months ago.

    The two others killed were the child’s 30-year-old mother and 35-year-old father.

    Special POCSO Court Judge Ramendra Kumar sentenced the accused Nazeeruddin after convicting him of three counts of murder and one rape.

    Judge Kumar awarded the death penalty to the convict ruling that the murders committed by him fell in “the rarest of rare” category of crime.

    The judge also imposed a fine of Rs 9 lakh on the accused, stipulating that Rs 1.5 lakh of the fine be given to the kin of the rape victim.

    The case was tried by a court set up under the Protection of Children from Sexual Offences as the crime committed by the accused also involved the murder of a minor girl.

    For the quick investigation of the case by the police leading to the conviction of the accused, the Uttar Pradesh government also announced a reward of Rs one lakh for the members of the police and prosecution team.

  • POCSO court hands death sentence to rape and murder convict in UP

    By Express News Service
    LUCKNOW: A special POCSO court in Jaunpur awarded death sentence to an accused who had raped and brutally murdered an 11-year-old minor girl in August 2020.

    Judge Ravi Yadav also slapped a fine of Rs 10,000 on him. The order has been delivered within seven months after day-to-day hearings in the case.

    On August 6, 2020, Balmukund alias Govinda, who hailed from Chanduali district, took the victim and her sister out for buying them biscuits and toffees. He took the girl to a cornfield and raped her after sending her sister home. Fearing that the girl would divulge his truth to her parents, the accused strangled the victim to death by pouring acid on her face and body to destroy her identity.

    When the girl did not return home, her parents launched a search but in vain. Then the family lodged a missing complaint at the local police station. Two days later, the villagers found the victim’s acid-burnt body. The victim’s post mortem report confirmed rape and death due to asphyxia.

    On the statement of the victim’s younger sister, the police arrested Govinda from his hometown Chandauli. The shopkeeper and victim’s younger sister appeared as witnesses during the trial. They named the accused claiming that he took the victim with him. The prosecution produced as many as 11 other witnesses during the trial substantiating the rape and murder charges on the accused mentioned in the charge sheet.

    After hearing the arguments from both sides, the POCSO court observed that the crime committed by the accused comes under the category of the rarest of rare and the perpetrator should be awarded no less than a death sentence.

    Family members of the victim said that justice was done to their daughter by the court. The defence counsel said that they would approach a higher court to appeal against the verdict.

  • School principal gets death sentence for raping Class 5 student in Bihar

    By PTI
    PATNA: The principal and a teacher of a school here have been awarded death sentence and imprisonment for life, respectively, by a court for the rape of a Class 5 student.

    Special POCSO judge Awadhesh Kumar, in an order passed on Monday, announced capital punishment for the principal Arvind Kumar besides imposing on him a fine of Rs one lakh.

    Co-accused Abhishek Kumar, who taught at the school situated in Phulwari Sharif locality of the city, was sentenced for life and slapped with a fine of Rs 50,000.

    The case came to light in September, 2018 when the victim, all of 11 years, was found to be pregnant upon being taken to a doctor by her parents who got worried over her frequent bouts of illness.

    She narrated her ordeal when the parents pressed her with queries.

    A case was lodged at the Mahila Thana here under the POCSO Act and relevant sections of the IPC.

  • Beant Singh assassination: SC adjourns for six weeks plea for commuting Rajoana’s death sentence

    By ANI
    NEW DELHI: The Central Government on Friday told the Supreme Court that the process of examining mercy pleas filed on behalf of Balwant Singh Rajoana, awarded a death sentence for the assassination of the then Punjab Chief Minister Beant Singh in 1995, has been started and the President of India will take the decision.

    A Bench headed by Chief Justice SA Bobde granted six weeks to the Centre after Solicitor General Tushar Mehta, appearing for the government, told the Bench that process has started and the President will take a decision.

    “The process has started. The President of India will take the decision. Balwant Singh Rajaona is accused of assassinating the former Chief Minister of Punjab over the Khalistan issue,” Solicitor General Tushar Mehta told the Bench.

    The Bench then adjourned the plea for commutation of death penalty of Rajaona for six weeks after the Solicitor General’s request to await the President’s decision on mercy plea ‘under the present circumstances’.

    Senior advocate Mukul Rohatgi, appearing for Rajoana, said that his client has been in jail for 26 years.

    Earlier, the top court asked the Central government to take a decision on mercy pleas filed on behalf of Balwant Singh Rajoana before January 26.

    The top court was hearing a plea of Rajoana seeking direction for expeditious disposal of MHA’s proposal to commute his death sentence.

    The Bench had also asked Centre when it would send a proposal to the President for the commutation of Rajoana’s death sentence for killing then Punjab Chief Minister Beant Singh.

    The top court in December had said that it is untenable on part of Centre to take a stand that proposal for commutation of death sentence of Rajoana, a former Punjab Police constable, was not processed because of pendency of appeals of co-accused in Beant Singh killing case.

    The bench had said once the government has decided to recommend a Presidential pardon for a condemned man, the pendency of appeals in the Supreme Court of his co-accused cannot delay the process initiated under Article 72.

    Rajoana has not appealed against conviction and sentence but other co-accused have filed mercy plea and this can’t be a ground to hold recommendation for pardon, the bench had noted.

    Centre processed remission in 2019 of Rajoana, who was awarded capital punishment for Singh’s killing. He has been in jail for 25 years.

    The top court had earlier said that appeal pending by other co-accused has no relevance to the decision by Ministry of Home Affairs to commute the death sentence of some convicts taken to commemorate 550th birth anniversary of Guru Nanak Dev.

    It had noted that by a letter dated September 2019, the Ministry of Home Affairs had written to Chief Secretary of Punjab government that on the occasion of the 550th birth anniversary of Guru Nayak Dev, the release of some prisoners is proposed.

    The Centre had sought time to make a statement on the issue of when the proposal will be sent for processing to the President.

    The convict, Balwant Singh Rajoana, was sentenced to death for the murder of former Punjab chief minister Beant Singh, who died in a bomb explosion in Chandigarh on August 31, 1995.

    The Centre had decided on September 27, 2019, to commute the death penalty of Rajoana to a life sentence on the special occasion of the 550th birth anniversary of Guru Nanak Dev. Almost a year has passed but the decision is yet to be implemented.

    Now, he has approached the apex court seeking commutation of sentence to life imprisonment for the failure on part of the Central government to decide on his mercy petition filed eight years ago.

    A Chandigarh court had, on July 27, 2007, awarded death sentence to Rajoana which was upheld by the Punjab and Haryana High Court on October 12, 2010. Rajoana has not filed an appeal against the decision and instead filed a mercy petition before the President.