The Division Bench of Chief Justice said that it shall not be appropriate to 'multiply litigation' by entertaining the present Petitioner since the case is already pending before a Division Bench at Lucknow which took suo moto cognizance of midnight cremation of the victim's body.
According to the High Court, ED's plea for revoking the approver status was not maintainable as statement under Section 306 (4) of the Criminal Procedure Code (CrPC) that requires recording of the statement of an accomplice who has been granted a pardon, had not been recorded.
The FIR was registered in Delhi, but has, interestingly, been challenged before the Lucknow bench of the Allahabad High Court which seems to have no jurisdiction to entertain it. The matter should be filed in Delhi as per jurisdiction.
Balwant Singh Rajoana was given a death sentence for the murder of former Punjab chief minister Beant Singh who died in a bomb explosion in Chandigarh on August 31, 1995. In 2012, Rajoana filed a mercy petition before the President but it hasn’t been decided to date.