Thread by @lawbarandbench

Supreme Court hearing plea by death-row convict Balwant Singh Rajoana, accused in assassination of former Punjab CM Beant Singh, seeking commutation of death penalty on ground of delay in deciding his mercy plea.

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Senior Advocate Mukul Rohatgi representing petitioner.

Matter before Justices BR Gavai, Vikram Nath and Sanjay Karol.

Rohatgi: Convicted of bomb blast in which Punjab CM was killed, death sentence awarded in July 2007, confirmed by HC in 2010. Served 27 yrs, mercy plea in 2012

Rohatgi: To keep prisoner on death row for so long violates their fundamental rights.

Justice Gavai: We will ask Home Secretary to be present in next hearing? Mr (KM) Nataraj on the face of it is is contempt, so many decisions of their Court, why haven't you decided on mercy..

SC: plea. You either reject or accept.

Rohatgi: Clearly against the law.

Justice Gavai: One of the judgments i am a party.

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Corrigendum: * it is Contempt ... * Decisions of this Court.

Rohatgi cites more judgments.

Bench discusses.

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Rohatgi: I have given a compilation.

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Rohatgi: I am in 2023, mercy petition pending since 2012. In other cases there was review curative ... Complete my lord violation of orders of this Court in my case.

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Rohatgi: The moment (if) i am commuted to life, next step will follow.

SC: What is your age now?

Rohatgi: About 56 my lords. He was a young man in those days, heights of militancy. I submit we should not wait for them and there should be order in my ...

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Rohatgi: favour forthwith. This is inhumane. In the alternative if we are to await their response then i may be released on parole. They can be proceeded against for contempt separately.

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Rohatgi: Lordships may summon the Home Secretary as to why lip service is being paid to top courts orders. Lordships may let me stay in my village.

SC: We will start (again) in 5 minutes.

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SC: Yes Mr ASG continue.

ASG Nataraj: Please see affidavit.

Justice Karol: Two things. You have to take a decision. Second is whether the benefit like in Chauhan has to be given or not.

ASG: I will tell.

Justice Gavai: We are not in a hurry.

ASG reading from pleadings.

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ASG: Consideration after inputs from various agencies has gone to the President. This has to be understood in perspective of May 2022 order. There is no representation to him. Some organisations giving in his favour or against. Only on May 2 his representation...

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ASG: received.

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Rohatgi: Every (of their) point is extremely hollow. You cannot treat every case so differently. I am better placed than Bhullar. What is my friend taking about?

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Rohatgi: My friend is completely wrong to say that just because a representation was filed by the SGPC, it could not be considered. kindly see the counter

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Rohatgi: All their pleas are hollow. Please see the other cases.

Rohatgi: You have dealt with my Representation and then these hollow pleas being raised. To say now that you are deferring it is adding insult to injury. Borders on being contemptuous.

ASG: Totally incorrect reading.

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Rohatgi: Read it properly.

ASG: I can read plain English.

Rohatgi: I do not think so. He is reading something not there.

ASG: I can read thank you, maybe you can read English better.

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Rohatgi: Decision is here. They have taken it, to send it to President. What will the President do? My lords should say something about this gross case.

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Verdict reserved.