Amitabh Shukla /
In a letter cum petition to Shalini Singh Nagpal, the Additional Sessions Judge who issued the death warrant, the Superintendent of central Jail Patiala has pointed out several procedural lacunae in the order saying that the death warrant should have been sent to Burail Jail,
“The State of
The letter, drafted after consulting legal experts, pointed out that the Supreme Court of India has in several judgments extended the benefit of acquittal or lesser sentence to the other co-accused although they had not filed an appeal, indicating that it was necessary to await the outcome of the matter in the Supreme Court of India before executing the death warrant.
“Balwant Singh Rajoana not filing any appeal or mercy petition so far is of no consequence in as much as the execution of the death sentence cannot be effected till the Supreme Court finally adjudicates the matter,” the letter cum petition said, adding, “ It will not be possible to bring him back to life in case the Supreme Court decides that the matter does not warrant death sentence and may commute to life imprisonment or it may even acquit co-accused/any accused on the ground that the prosecution case under the facts and circumstances is not established beyond reasonable doubt”.
It is also possible that Balwant Singh Rajoana changes his mind and files appeal or mercy petition. It is therefore necessary to let the law complete its final course before executing the death sentence, the letter said.
Sources said that there are legal infirmities in the procedure followed and the State of
The Superintendent of the Patiala Jail has requested the court to defer the execution of sentence of death of Rajoana till the decision of the Supreme Court in Appeal filed by co-accused Lakhwinder Singh Lakha which is pending adjudication.
The jail has also expressed its inability to execute the warrant of death due to the legal and administrative infirmities and returned the warrants for the execution of sentence of death.
The assertions of the jail Superintendent has the backing of the
http://dailypioneer.com/nation/52630-punjab-not-to-hang-rajoana-.html
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