Punjab Refuses To Hang Rajoana

[Azaad]

The Punjab Government will not hang Balwant Singh Rajoana, a Babbar Khalsa International (BKI) militant, condemned to death on charges of assassinating former Punjab Chief Minister Beant Singh. Making a statement on the floor of the Punjab Vidhan Sabha, Chief Minister Parkash Singh Badal cited legal infirmities, constitutional inconsistencies and jurisdictional issues that forbid the government from taking action in the matter.

Badal said his government would support the SGPC petition seeking conversion of Rajoana’s death sentence to a life term. Reading out a written statement as soon as the House assembled for a debate on the Governor’s address, the chief minister said that he would meet the President and the Prime Minister to seek their intervention to save Rajoana from the gallows.

The Chief Minister said there were legal infirmities and the order was against the spirit of the Indian Constitution. Pointing out lacunas in the direction to hang Rajoana, he said that the case pertaining to the assassination of former chief minister Beant Singh was still pending before the Supreme Court. “What if the Supreme Court has a bearing on Rajoana too, no one can return life after it is taken away”.

Badal stated that the case pertained to an incident that took place in Chandigarh. The proceedings went on there. Rajoana has been lodged in Patiala jail. Therefore, the Superintendent of Jail, Patiala, has no jurisdiction to hang Rajoana.

Referring to other cases including that of co-accused in the same case Lakhwinder Singh Lakha, whose appeal is pending in the apex court, he said the judgement in those cases can have important ramifications in Rajoana case too.

He said the Patiala Jail Superintendent had appeared before the court in Chandigarh and expressed his inability of execute the order directing him to hang Rajoana. (The court has reserved its judgement on the issue for Tuesday). In view of the charged atmosphere in the state he said, he thought it proper to lay facts before the House.

He said the Jail Superintendent could not go ahead with the hanging with closed eyes. After taking the rules and legal issues into consideration, he wrote to the Special CBI Court judge in Chandigarh expressing his inability to carry out the order. Beant Singh’s family has also said it had no objection if Rajoana’s sentence was commuted.

“Even Congress President Captain Amarinder Singh had issued a statement in favour of clemency for Rajoana. The SGPC has also petitioned the President”, he said adding even the Advocate General has advised that there should be no action till a final decision of the Supreme court.

He assured the House that the communal harmony and peace would be maintained at all cost.

He appealed to all Punjabis to maintain peace in the state. “This is a sensitive issue that can affect future of generations to come. We do not want to leave a legacy and atmosphere that is anything but peace. I appeal to all to maintain peace and not let the issue be exploited to disturb peace and harmony”.

The SGPC sent a petition to the president of India through the Punjab Governor Shivraj Patil yesterday after an emergency meeting of the SAD’s core committee asked the SGPC to immediately file a clemency appeal for Rajoana before the president.