Balwant Singh Rajoana has been in jail since January 1996
The Supreme Court today fumed at the Centre after no one appeared for it during the hearing on the mercy petition of death row convict Balwant Singh Rajoana, who has been in jail in the 1995 assassination case of then Punjab chief minister Beant Singh. A bench of Justices BR Gavai, PK Mishra and KV Viswanathan said they had "assembled only for this case".
"In spite of the matter being specifically kept today, none appeared for Union of India. The bench assembled only for this case," the bench said while directing President Droupadi Murmu's secretary to place before her the mercy petition for consideration.
During the last hearing, the top court had sought responses from the Centre, the Punjab government and the administration of the Union Territory of Chandigarh on Rajoana's petition.
"On the last date, the matter was adjourned to enable the Union to take instructions from the office of the President as to by when will mercy plea be decided. Taking into consideration that the petitioner is on death row, we direct the secretary to the President of India to place the matter before the President with a request to consider the same within two weeks from today," the bench added.
The hearing will resume on December 5.
Balwant Singh Rajoana, a former Punjab Police constable, was convicted for his involvement in an explosion outside the Punjab civil secretariat that killed Mr Singh and 16 others on August 31, 1995. A special court sentenced the 57-year-old to death in 2007.
He has been in jail since January 1996 and his mercy petition was filed in March 2012.
In his petition filed in the top court, Rajoana had said that the "extraordinary and inordinate" delay in deciding his mercy petition, for "reasons beyond his control and not attributable to him", was an "infringement" of his right to life guaranteed under Article 21.
Senior advocate Mukul Rohatgi, who appeared for Rajoana, has sought his release till the mercy petition is decided.
"His mercy petition has been pending with the president's house for the past 12 years. Please release him for six or three months. At least let him see what the outside world looks like," Mr Rohatgi had said.
The Supreme Court has in the past also questioned the Centre over the delay in sending a proposal to the President for commuting the death sentence of Rajoana.