Balwant Singh Rajoana’s counsel worries about his sanity, Supreme Court asks who is to blame for delay in execution

A elder counsel said his client, Balwant Singh Rajoana, condemned for the assassination of erstwhile Punjab Chief Minister Beant Singh successful 1995, whitethorn beryllium suffering from ‘death enactment phenomenon’ — trauma caused by a prolonged hold for execution connected the decease enactment — adjacent arsenic the Supreme Court asked who precisely was to blasted for the delay. 

“I bash not cognize if helium is successful his senses,” elder advocator Mukul Rohatgi told a Bench of Justices Vikram Nath and Sandeep Mehta.

Rajoana has been successful situation for 3 decades, of which 12 were spent successful solitary confinement. He has been connected decease enactment since 2007.

Justice Mehta asked wherefore the execution had not been carried retired for truthful long. “Who is to beryllium blamed for that?” the justice asked.

The lawsuit had past travel up aboriginal successful 2025, erstwhile the apex tribunal had urged the Union authorities to instrumentality a telephone connected his mercy petition. The tribunal had said it would different person nary prime but to determine his petition for commutation of the decease punishment connected merits.

Mr. Rohatgi had referred to the apex court’s Shatrughan Chauhan lawsuit judgment, which had recognised the decease enactment improvement and the devastating interaction caused by prolonged delays successful execution. The judgement had acknowledged the carnal and intelligence toll specified delays instrumentality connected the minds and bodies of condemned prisoners, and made it a crushed for commutation of the decease penalty.

The elder counsel argued that the debilitating uncertainty astir Rajoana’s decease punishment amounted to sheer cruelty.

In earlier hearings, the Union authorities had highlighted that the convict was blameworthy of the execution of a erstwhile Punjab Chief Minister. The contented was highly delicate and required a considered decision. In November 2024, Solicitor General Tushar Mehta had informed that Rajoana’s mercy plea record was with the Union Home Ministry, and not earlier the President. The Centre had besides argued determination were charges of engagement of Khalistani elements successful the assassination.

Incidentally, the Supreme Court had, successful May 2023, recovered it inappropriate to nonstop the Union authorities to commute the decease punishment of Rajoana successful the look of the Home Ministry’s decision that a determination connected the mercy petition would compromise nationalist security.

Justice Nath was 1 of the 3 members of the apex tribunal Bench which gave the 2023 judgment.