The Supreme Court on Tuesday decided to seek an assessment from the Intelligence Bureau (IB) before considering the request of Jagtar Singh Hawara, who is serving a life sentence for the assassination of former Punjab Chief Minister Beant Singh, to be transferred from Delhi’s Tihar Jail to a prison in Punjab.
A two-judge Bench headed by Justice M M Sundresh expressed concern over the possible consequences of Hawara’s transfer, particularly in view of the Punjab government’s opposition on grounds of public order and security.
The Court observed that the matter involved concerns extending beyond an ordinary murder case, as the assassination was linked to an ideology whose influence, according to the Punjab government, continued to exist.
Justice Sundresh said the Court would examine the concerns raised by the state and obtain inputs from the Intelligence Bureau before proceeding further.
Punjab Government Opposes Transfer on Security Grounds
In an affidavit opposing Hawara’s request, the Punjab government warned that shifting him to a prison within the state could affect communal harmony, public peace and law and order.
Relying on assessments by central and state agencies, the government raised concerns about the possibility of Hawara escaping from custody with assistance from his associates.
The affidavit also referred to protests continuing since 2023 at the Mohali-Chandigarh border, where demonstrators have demanded the release of Bandi Sikhs.
According to the state, Hawara’s transfer could intensify radical activities, provoke public unrest and create fresh security challenges.
The government consequently recommended that he should not be moved to any prison in Punjab.
Hawara Seeks Transfer to Meet His 82-Year-Old Mother
Senior advocate Colin Gonsalves, appearing for Hawara, submitted that his client wanted to be transferred to Punjab primarily to maintain contact with his elderly mother.
Gonsalves told the Court that Hawara’s 82-year-old mother was his only surviving close family member and would be able to visit him in prison if the transfer were permitted.
He also cited Hawara’s conduct during his 31 years of imprisonment in support of the request.
However, Additional Solicitor General Aishwarya Bhatti drew the Court’s attention to Hawara’s earlier escape from Chandigarh jail through a tunnel in 2005, pointing out that he had been convicted in connection with the incident.
Court Weighs Prisoner’s Rights Against Public Safety
During the hearing, Justice Sundresh observed that courts generally consider granting parole to prisoners regardless of the nature of their offences, recognising the possibility of rehabilitation.
At the same time, he emphasised that such considerations must be balanced against the wider implications for society.
The judge indicated that the Court needed to ensure that granting Hawara’s request would not trigger further tensions or disturbances.
The Bench therefore decided to obtain the Intelligence Bureau’s assessment to evaluate the security concerns surrounding the proposed transfer.
Background of the Beant Singh Assassination Case
Hawara is serving life imprisonment for his involvement in the assassination of former Punjab Chief Minister Beant Singh, who was killed in an explosion at the entrance to the civil secretariat in Chandigarh on August 31, 1995.
The blast also claimed the lives of 16 other people.
In 2007, a designated CBI court sentenced Hawara and Balwant Singh Rajoana to death in connection with the assassination. Three other accused received life imprisonment.
The Punjab and Haryana High Court subsequently modified Hawara’s death sentence to life imprisonment in October 2010.
Hawara remains lodged in Tihar Jail in Delhi, while his request for transfer to Punjab is under consideration before the Supreme Court.
