Hon’ble Speaker Sahib,
I deem it mandatory on my part to bring all the facts relating to the most important issue of peace and communal harmony before the people of Punjab through the respectable members in this august House. Before I dwell on the psychological, social and political aspects of this issue, I want to share the details and legal facts related to the case of Bhai Balwant Singh Rajoana in the House.
Mr. Speaker, the Hon’ble Additional Session Judge Chandigarh Court issued warrants to the Superintendent, Central Jail Patiala for the execution of death sentence to Bhai Balwant Singh. Keeping in view the important legal issues involved in the case the Jail Superintendent expressed his inability to execute the warrants and returned in original to the Hon’ble Court.
Crux of important observations made by the officer has been reproduced as under:-
That it is the legal and constitutional duty of every officer including the Superintendent of Jail to ensure the procedure established by the law is meticulously followed before executing the death sentence and carefully examine all the legal and constitutional aspects instead of executing the warrant callously. It is also obligatory on the part of the officer to ensure that there is not any inherent weakness or negligence from the angle of legal, constitution and procedural laws. Besides, ensuring the execution of warrant may not result in such situation from which the possible damage/loss, could not be compensated in future. Since this issue pertains to Human Right - Right to Life, one of the most important rights enshrined in the Constitution, therefore, the duty of the concerned jail superintendent becomes far more significant in this context.
Jail Superintendent is duty bound to satisfy him that no appeal for relief by any co-accused in such case was under consideration before any Court.
After looking into the all the legal aspects of the case minutely, the Jail Superintendent of Central Jail Patiala is of the view that since this case had many legal and constitutional shortcomings, loopholes and flaws which made the execution of the Court orders impossible within the ambit of law.
Complying the law and regulations, the concerned Jail Superintendent had returned the warrant to the Court.
The appeal of co-accused Lakhwinder Singh @ Lakha titled as Lakhwinder Singh @ Lakha Vs. State Through CBI Appeal Criminal No. 1464 of 2011 is pending in the Hon’ble Supreme Court of India.
Hon’ble 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.
It is necessary to await the outcome of the matter in the Hon’ble Supreme Court of India before executing the death warrant of Balwant Singh Rajoana.
In view of the old cases and rules it is amply clear that Bhai Balwant Singh Rajoana could also get the same relief to be given to other accused in this case, whether he (Rajoana) has not filled any appeal. A decision to grant punishment or not to the accused is to be taken by the Court not by the accused, in case punishment has to be given which one was suitable for him. If some error/omission is committed in such case then it would be impossible to rectify the same because no one could give life again to a person.
This case is not within the jurisdiction of Punjab.
In this case, Jail Superintendent of Patiala citing the detailed shortcomings and loopholes in other such cases has brought in the notice of the Court. The copy of the letter is placed on the table of the august House.
I also deem it proper to mention here the appeal made by the family members of Late Sardar Beant Singh to adopt a humane and positive approach over this issue for maintaining an atmosphere of peace, unity and communal harmony in Punjab at all costs.
Punjab Pradesh Congress Committee President Capt. Amarinder Singh has also issued a statement to extend support to the Punjab government, if it files an appeal or petition to the President of India for commutation of punishment of Bhai Balwant Singh Rajoana.
A copy of the special petition filled by the Shiromani Gurdwara Parbandhak Committee to the Hon’ble President of India seeking clemency for Bhai Balwant Singh Rajoana has been received. Advocate General Punjab has also given his opinion that no action could be initiated against Bhai Rajoana till the President decides the petition.
In view of these circumstances, it is clear that Bhai Balwant Singh Rajoana cannot be hanged.
It is our bounden duty to maintain the hard earned peace, communal harmony and amity in Punjab and country achieved after countless sacrifices besides making a firm resolve to further strengthen the social fabric of communal harmony and peace for our coming generations. None of our step should undermine the high and pious ideals of our society.
Mr. Speaker, Punjab government is taking all possible legal and constitutional steps for seeking clemency for Bhai Rajoana in the light of all these important and sensitive facts. According to eminent jurists to seek clemency in this case is within the ambit of law and constitution and several old cases, judgments and precedents are also available.
The Punjab government has decided to take further initiative on this issue in view of the aforementioned facts. I would personally call on Hon’ble President Smt. Pratibha Patil and Hon’ble Prime Minister Dr. Manmohan Singh to seek clemency for Bhai Balwant Singh Rajoana.
Other legal efforts would also continue simultaneously along with it.
I appeal to all the Punjabis and countrymen to safeguard the sacred and lofty ideals of peace and amity at all costs. Mr. Speaker, this issue is very sensitive and historic. Our approach would not only impact the present but the future generations also. History is eying on all of us that what sort of Punjab we will give to our coming generations in legacy.
I again appeal to all the countrymen, Punjabis, political parties and organizations to strengthen the ethos of peace and amity in Punjab and I assure that peace, law & order and communal harmony would be maintained in the state at all costs.