KAMALDEEP KAUR RAJOANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is allegedly the sister of Balwant Singh Rajoana, who was convicted for certain offences and sentenced to death along with his co-accused Jagtar Singh Hawara by the trial Court on 27.07.2007. The death sentence awarded to Jagtar Singh Hawara was commuted to life imprisonment but the sentence awarded to Balwant Singh Rajoana was maintained by this Court while deciding the Murder Reference No. 6 of 2007. It is averred in the petition that Balwant Singh Rajoana did not seek any legal help during the trial, did not file any appeal against his death sentence, which was confirmed by this Court on 12.10.2010 and also did not file any SLP before the Supreme Court against the decision of this Court and has spent almost 21 years 10 months imprisonment, out of which about 10 years and 2 months have been spent after the sentence of death was awarded to him.

(2.) The petitioner has made a prayer for the issuance of a writ in the nature of mandamus to direct the respondents to commute the death sentence of Balwant Singh Rajoana (hereinafter referred to as the "condemned prisoner") to life imprisonment and to release him in accordance with law.

(3.) Before touching the merits of the case, learned counsel for the petitioner has been asked to argue on the issue of maintainability of this petition at the instance of the sister of the condemned prisoner, who actually is the aggrieved person.