Court rejects plea on Rajoana; Badal lobbies for clemency


Amitabh Shukla / Chandigarh

A piquant and tense situation arose on Tuesday with a lower court refusing to defer the death sentence of Balwant Singh Rajoana even though the Punjab Government has categorically declared that the Babbar Khalsa militant won’t be sent to the gallows on March 31.

With three working days left, the Punjab Government was at its wits end as soon as the orders of additional district and sessions Judge Shalini Singh Nagpal was delivered in the afternoon returning the death warrant to Central Jail, Patiala where the accused in the Beant Singh assassination case is lodged.

Chief Minister Parkash Singh Badal has sought an appointment with the President, the Prime Minister and the Home Minister as earliest as possible to apprise them of the situation and request for clemency for the condemned prisoner. He has already reached New Delhi and is likely to meet the central leaders on Wednesday. Shiromani Gurudwara Prabandhak Committee (SGPC) has filed a clemency plea with the President, a decision on which is yet to be taken.

Rajoana’s case is perhaps the first of its kind in several decades where death warrant has been issued even though the entire process of law has yet to play itself out. What prompted the Chandigarh court to issue the death warrant was the fact that the BKI militant refused to file an appeal at any stage and throughout the trial accepted his role in the assassination of the then Punjab Chief Minister.

Even as the Akali Dal is going all out to save the convict from the gallows, Rajoana had made it clear that he does not need any sympathy. In his letter, released from the jail through his sister, he said they (Akalis) have failed to secure justice for the Sikhs, going to the extent of calling them “cheaters”.

Patiala Jail Superintendent LS Jakhar, who had filed a petition in the lower court pointing out the legal and administrative infirmities in the death warrant, would appeal in the Punjab and Haryana High Court against the death warrant. The matter is likely to be taken up on Wednesday. The petition, which has the backing of the entire State Government and the ruling Shiromani Akali Dal, would seek the intervention of the court for cancelling the death warrant of Rajoana.

Officials said that the Punjab Government has a few options even at this stage. First Patiala jail Superintendent LS Jakhar will approach the High Court and if the petition is rejected, he will move the Supreme Court straight away challenging the death warrant and pointing legal infirmities in carrying out the orders. Simultaneously, the State leadership will meet the top echelons of Central Government to seek clemency from the President. If Rajoana gets clemency from the President in the next three days, the entire legal process for commuting death sentence would come to a standstill.

Top officials convened a series of meetings immediately after the fresh court order was delivered to thrash out the next course of action which could save Rajoana even now as the State Government believes that the hanging at this juncture could lead to a serious breakdown of the law and order in Punjab. They feel that it will give an upper hand to the hardliners who have remained on the fringes ever since militancy in the State was thoroughly defeated a decade and a half ago.

Reports with the State police indicate that there is regrouping by the hardliners on the issue, particularly when the highest religious and temporal seat of the Sikhs, the Akal Takht too wants that Rajoana be given clemency.

Protests have already been held in several parts of the State against the hanging and it continued on Tuesday. Alarmed at the protests and the impact it could have on law and order, the police have deployed paramilitary forces in sensitive areas, organised flag march in several district headquarters and sounded a general alert for all officials.

Several Sikh organisations and panthic groups, which have the support of the hardliners, have given a call for Punjab bandh on Wednesday, further complicating matters for the State Government which came to power for the second time in a row just a fortnight ago. (March 28, 2012)

http://dailypioneer.com/state-editions/chandigarh/53058-court-rejects-plea-rajoana-to-be-hanged-on-saturday.html

http://dailypioneer.com/home/online-channel/360-todays-newspaper/53176-court-rejects-plea-on-rajoana-badal-lobbies-for-clemency-.html

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