Jails Dept To Move Hc Refuses To Accept Beant’S Assassin Rajoana’S Death Warrant

[Azaad]

The Punjab Jails Department is firm on following the government directive and not let Balwant Singh Rajoana hang under any circumstances. The Superintendent of the Patiala Central Jail today informed the Chandigarh Court that he would approach the superior court as he was "unable and disabled to execute the warrant of death".

Citing a 1982 case in the Supreme Court in Harbans Singh versus state of UP, the jail refused to receive the death warrant.

After the Chandigarh Court rejected their plea, the Jails Department is now preparing to move the High Court against the hanging orders.

Highly placed sources confirmed that whatever be the outcome of the appeal in the higher court, the Jails Department would not go ahead with the proposed hanging scheduled for March 31. "The plea may go to the Supreme Court while the government will approach the President of India to ensure that the hanging is either postponed or converted to life term," they stated.

Insiders in the Patiala Central Jail revealed that the Jails Department's stand could be known from the fact that it had officially not tried to either locate a hangman or got the execution area repaired. "It has not been used for over two decades and if the department wants to hang anyone, the gallows would need a minimum of three days to be set in order," they said.

Senior officials confirmed that preparing the gallows was an expert job and only a hangman knew how to prepare these in the right manner. "We were busy in preparing for court replies and drafting pleas on part of the Jails Department and therefore, limited efforts were made to arrange a hangman who could be kept on standby in case the orders are to be executed as the last resort," they said.

PUNJAB SAW LAST HANGING IN 1989

The last execution in Punjab was carried out at the Patiala Central Jail on June 16, 1989, when two brothers Gurcharan Singh and Pritam Singh from Sangrur were hanged to death in a murder case. The hanging was performed by Kaloo, who was specially summoned from the Tihar Jail as Punjab did not have a hangman on its rolls.

The last hangman, Faqeera, who was deputed in Patiala, died on duty some three decades ago and the post is vacant since then. As per the Punjab Jails Manual, 1896, in the absence of an official hangman, the jail authorities could get a hangman from another jail in the country or the deputy jail superintendent of the jail where the convict is to be hanged has to perform the job of a hangman.

KHALRA MISSION’S PLEA TURNED DOWN

CHANDIGARH: Attempts by the Khalra Mission Committee to keep Rajoana's execution stayed failed to find favour with the Punjab and Haryana High Court. Dismissing the petition on Tuesady, the Bench of Justice Hemant Gupta and Justice AN Jindal asserted: "Once the sentence has been awarded by a competent court, no other court, except the court in appeal or revision, can modify the order of sentence.