As the bench very rightly and justifiably pointed out that the issue in question was the September 2019
decision taken by MHA, “the Union ministry of home affairs (MHA) in September 2019, where a
decision was taken by the Central government, in consultation with the Central Bureau of Investigation
(CBI) and Intelligence Bureau (IB), to commute Balwant Singh Rajoana’s death sentence to life term,
coinciding with the 550th birth anniversary of Guru Nanak Dev” which has not been implemented so
far.
“The MHA took an “in principle” decision on September 30, 2019 to commute the death sentence as a
“humanitarian gesture” ahead of the 550th birth anniversary celebrations of Sikhism founder Guru
Nanak.
The bench said, “Was this decision (of September 2019) an empty kind of exercise. Was this like all
those populist announcements that are to be forgotten the next day?” The Court went through the
original files produced by MHA where after detailed consultation with IB and CBI, the Centre finalized
names of nine prisoners. While eight prisoners were to be released coinciding with the special
occasion of 550th birth anniversary of Guru Nanak Dev, the ninth prisoner Rajoana’s death sentence was
decided for commutation.
Learned Senior advocate Mukul Rohatgi assisted by advocate Rupesh Kumar appearing for Balwant
Singh Rajoana  told the Court that the sword has been kept hanging on the petitioner as he has
remained on death row for 15 years.
The bench of justices UU Lalit, S Ravindra Bhat and PS Narasimha observed, “These are all our citizens.
We should have compassion as these are death sentence matters.” The bench noted that this objection
raised by Centre was rejected by the top court on December 4, 2020. The order said, “In terms of the
direction by this Court on December 4, 2020, let the matter be considered by the concerned
authority without being influenced by the fact that the appeal of co-accused is pending before this Court.”
The Court further said, “Let the decision be taken as early as possible and preferably within two months
from today,” while directing the matter to be listed in the third week of July, 2022 as reported.
Submission: Has the Constitution of India any provision to allow dying voluntarily by way of confession,
when the delay in execution of death penalty as a ground for commutation to life imprisonment, as
‘no one shall be subjected to torture or to cruel, inhuman or  degrading treatment or punishment like
the case of Balwant Singh Rajoana?
Hence the government of India and Hon’ble the Supreme Court of India prayed to consider his case
sympathetically and exceptionally on the extreme moral grounds.  
Prayed by: Balbir Singh Sooch
Hon’ble Supreme Court directed the Central government “Let the decision be taken as early as possible in
case of Balwant Singh Rajoana’s death sentence to life term”