Indecision can’t be excuse for injustice

Governments prefer deferring decisions on sensitive political issues. The case of Balwant Singh Rajoana, who has been on death row for more than 10 years, needs to be seen in this context. For starters, he was accused and convicted for the assassination of the then Punjab chief minister, Beant Singh, in 1995. He was given death penalty, which was confirmed by the Punjab and Haryana High Court. Rajoana did not defend himself in the court and showed no remorse for the assassination as he believed that the CM was responsible for the killing of several “militants”. However, he was remorseful about the killing of 17 others in the car bomb blast. When the death penalty was about to be executed, the Shiromani Gurdwara Parbandhak Committee filed a mercy petition on his behalf. The Punjab government refused to take a decision on the petition as it felt that the Centre ought to take it as the bomb blast occurred in Chandigarh, a Union Territory. Rajoana has so far spent 27 years in jail.

The Supreme Court had given the Central government time till April 30 to take a decision on the mercy petition. The court has extended the deadline by another two months. As everyone knows, the final decision is taken by the President of India. However, he takes a decision only on the recommendation of the Union Home Ministry. Thus, the matter is in the government’s court. The reason why it does not want to take a decision is not far to seek. Any leniency shown to him will be construed as a deviation from the hyper nationalism the BJP government has been promoting. In its perception, he is a terrorist and any condoning of his crime will be at variance with the government’s zero-tolerance for terrorism policy.

What is forgotten in the process is the injustice being done to Rajoana. Having had to spend more than 10 years on death row was the greatest punishment he could have received. The long incarceration would have exacted a heavy toll on his mental and physical health for which he had not bargained. Instead of keeping him in suspense, the Supreme Court should take an appropriate decision if the Centre is unable to commute his death penalty.