SC To Re-Examine Bhai Balwant Singh Rajoana’s Plea For Commuting Death Penalty
🔹 Background
Bhai Balwant Singh Rajoana
Convicted in the assassination of former Punjab Chief Minister Beant Singh (1995).
Initially sentenced to death by trial court.
Death sentence confirmed by the Supreme Court in earlier proceedings.
Mercy Petitions and Commutation
Under Article 72 of the Constitution, the President of India can grant pardon or commute death sentences.
Commutation can also be sought before courts on humanitarian grounds or if prolonged delay in execution violates Article 21 (Right to Life).
Previous Developments
Rajoana filed a mercy plea and requested commutation to life imprisonment citing factors such as:
Religious faith and willingness to accept martyrdom.
Prolonged delay in disposal of mercy petitions.
🔹 Supreme Court’s Reasoning
The SC has agreed to re-examine the plea for commuting the death sentence.
Factors considered for re-examination include:
Prolonged delay in execution – Delays in processing mercy petitions can convert execution into cruel and inhuman treatment.
Humanitarian grounds – Age, health, and circumstances of the convict.
Nature of offence – Whether mitigating circumstances warrant commutation, even in cases of serious offences.
SC emphasized that while death penalty is awarded for the “rarest of rare” cases, it should not be executed mechanically without considering evolving circumstances and humanitarian factors.
🔹 Relevant Legal Principles and Case Laws
1. Bachan Singh v. State of Punjab (1980) 2 SCC 684
SC laid down the “rarest of rare” doctrine for imposing the death penalty.
Death sentence should only be applied when life imprisonment is unquestionably inadequate.
2. Shatrughan Chauhan v. Union of India (2014) 3 SCC 1
SC held that prolonged delay in execution of death sentence violates Article 21, and courts can commute death penalty to life imprisonment.
3. Triveniben v. State of Gujarat (1989) 1 SCC 678
Delay in processing mercy petitions and appeals is a ground for commutation, even in serious offences.
4. Machhi Singh v. State of Punjab (1983) 3 SCC 470
Rarest of rare cases must be considered along with mitigating circumstances like age, health, or delay.
🔹 Principles Evolved
Rarest of Rare Doctrine – Death sentence reserved for exceptional cases only.
Humanitarian Considerations – Age, health, and prolonged delay in execution are relevant for commutation.
Article 21 Protections – Right to life includes protection from arbitrary or inhuman execution of death sentence.
Judicial Re-examination – SC can re-examine the need for death penalty even after confirmation if circumstances change.
🔹 Conclusion
The Supreme Court’s decision to re-examine Bhai Balwant Singh Rajoana’s plea underscores that the death penalty is not absolute. Even in high-profile, grave offences, courts must balance punishment with humanity, considering delays, mitigating factors, and constitutional safeguards under Article 21. The re-examination reflects the judiciary’s role in ensuring that capital punishment is applied judiciously and fairly.
RELATED Blog
0 comments