Supreme Court will not interfere in matters where call is to be taken by the Executive
Balwant Singh v. Union of India & Anr.
The Supreme Court (SC) of India dismissed the Criminal Petition of the Accused Balwant Singh one of the accused in the #CriminalConspiracy which had resulted in the #assassination of the then #ChiefMinister of #Punjab, Prakash Singh Badal. Further the Apex Court also didn’t find it appropriate to give #access to the #file of #Ministry of #HomeAffairs to the Petitioner.
This verdict was pronounced on 03.05.2023 by the Division Bench of the Apex Court comprising Hon’ble Justice B R Gavai J, Hon’ble Mr. Justice Vikram Nath J & Hon’ble Mr. Justice Sanjay Karol J.
The present Criminal petition was filed for calling the record of #mercypetition submitted on 25.03.2012 seeking clemency from the President of India under Article 72 of the Constitution of India (COI). And to commute the death sentence into life imprisonment because of inordinate delay in deciding the mercy petition.
Fact: Balwant Singh, the petitioner in this case, is one of the accused who had hatched criminal conspiracy along with 8 others (Jagtar Singh Hawara, Gurmeet Singh, Lakhwinder Singh, Shamsher Singh and Nasib Singh.) and had executed bomb blast on 31.08.95 in which Chief Minister of Punjab Prakash Singh Badal along with 16 others lost their lives and many were injured.
The Trial Court convicted the accused for the offence pertaining to Sections 120-B, 302, 307 of the Indian Penal Code (IPC), 1860and u/s.3(b), 4(b) and 5(b) r/w 6 of Explosives Substances Act, 1908 and awarded death sentence.
In reference High Court confirmed the conviction and sentence of the accused (Petitioner Balwant Singh) but commuted the death sentence of Jagtar Singh into life imprisonment. However Central Bureau of Investigation (CBI) filed Appeal before the Supreme Court against the commuting of death sentence into life imprisonment in the case of Jagtar Singh which is pending for consideration.
Other co-accused preferred appeal against the judgement of the High Court (HC) before the Apex Court but the present petitioner didn’t preferred any appeal or any Mercy Petition before the President of India.
The mercy petition pending before the President of India is filed by Shiromani Gurudwara Prabhandak Committee (SGPC) on behalf of the Petitioner Balwant Singh.
Ministry of Home Affairs, Government of India on 27.09.2019 initiated a proposal on the occasion of commemoration of 550th Birth Anniversary of Guru Nanak Dev Ji proposing special remission and release of prisoners.
Submission of the Petitioner Counsel:
Communication dt.27.09.2019 of Ministry pf Home Affairs, Government of India provided that 8 Sikh persons be given special remission under Article 161 of the Constitution of India and be released from prison and a further proposal for commutation of death sentence to life imprisonment of one prisoner (petitioner) is to be processed under Article 72 of the Constitution of India.
Till date no decision has been taken.
As the State and the Union of India have not been able to decide the Mercy Petition which is pending for more than 10 years, this Court itself may grant that commutation.
Submission of the Additional Solicitor General of India (ASG)
Petitioner having expressed in specific terms that he has no faith in the judiciary of this country and that he did not regret at all being part of the crime and further has used contemptuous terms before the High Court which have been duly recorded, wherefore he does not deserve any mercy in view of his conduct.
Till date the petitioner himself has not submitted any Mercy Petition. The Mercy Petition dated 25.03.2012 was submitted by the SGPC. When the petitioner has not filed any Mercy Petition himself, there is no question of granting any relief as claimed.
Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation & creating law and order situation
Criminal Appeals filed by the co-accused Lakhwinder Singh & Jagtar Singh are still pending before this Court, as such consideration of any Mercy Petition would arise only after disposal of those appeals.
Criminal Appeal filed by CBI is also pending against the commuting of death sentence into lfe imprisonment in case of Jagtar Singh.
The decision in these appeals pending before this Court would be a relevant material and while considering the Mercy Petition the same could have a bearing. As such it would be appropriate to await the decision of the pending appeals.
There is no delay in consideration of the Mercy Petition. It is only after 27.09.2019 that the Ministry of Home Affairs, Government of India, required the State Government to send the proposal for commutation of death sentence to life imprisonment under Article 72 of the COI.
Considering the prevailing situation, a decision has been taken by the Ministry of Home Affairs that it would be appropriate to defer taking any decision on the Mercy Petition as it could have serious potential of compromising the security of the nation or creating a law and order situation.
Observation of the Apex Court:
Delay in decision on Mercy Petition can’t be sustained.
Petitioner himself never submitted Mercy Petition. Mercy Petition on behalf of petitioner Balwant Singh was submitted by the SGPC.
The Ministry of Home Affairs communication dated 27.09.2019, is the proposal for considering the commutation of the death sentence of the petitioner was started and a decision was taken by the Ministry of Home Affairs to keep the same pending till disposal of the pending appeals before this Court, filed by the co-accused as well as by the CBI.
Deferring the decision by Ministry of Home Affairs amounts to a decision declining to grant the same for the present.
Since Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation or creating law and order situation.
It is within the domain of the executive to take a call on such sensitive issues.
This Court does not deem it appropriate to issue any further directions.
Seema Bhatnagar
