SC frowns at political drama over mercy pleas

SC frowns at political drama over mercy pleas

TNN | Mar 30, 2012, 02.09AM IST

NEW DELHI: The Presidential stay on execution of Balwant Singh Rajoana after a high-decibel political activity spearheaded by Punjab CM Parkash Singh Badal found indirect reference in the Supreme Court on Thursday during the hearing of condemned prisoner Devender Pal Singh Bhullar's plea for clemency on the ground that his mercy plea was decided after eight years.

Without referring to Rajoana, a bench of Justices G S Singhvi and S J Mukhopadhaya described the events in Punjab in the last few days as "drama" and was critical of the political support given to persons found guilty of terrorism-related offences.

"What happened in the last four days is very telling...if decision was taken at appropriate stage, exchequer could be saved of crores of rupees," the bench said. Violence and destruction of property in Punjab was part of the support campaign for clemency to Rajoana.

The apex court felt that passions were allowed to run high because of the "pressure" of modern political combination in governance. It said, "Instances are replete where persons found guilty of terrorist offences have got political support. There are leaders who have garnered support on this basis. How can they leave them now?"

Additional solicitor general Harin Raval concentrated on the Bhullar's case and said the government was not at fault for the delay in deciding the mercy plea. He said the 26/11 terror attack on Mumbai followed by a change in government were the reasons for a freeze on decision making process on all mercy petitions.

Immediately after the UPA government retained power at the Centre in 2009, each mercy petition was considered in the chronological order of their submission, he said fighting the bench's skepticism about extraneous considerations not playing a role in decisions on mercy pleas.

The bench said, "We were there in this part of the country - the state which suffered from 1982-83. All top leaders were given protection. They (political outfits) took benefit of situation created due to various factors and came back to power. That's unfortunate and harsh story of the political game in these two decades...These considerations are impacting the decisions (on mercy petitions). They are ground realities and are bound to be considered."

The bench asked Raval to place on record the list of files relating to pending mercy petitions and the order in which they were recalled for reconsideration. The arguments will continue next Tuesday.