The Supreme Court on Tuesday directed the Delhi government to obtain inputs from the Intelligence Bureau (IB) before considering the request of Jagtar Singh Hawara, convicted in the assassination of former Punjab Chief Minister Beant Singh, to be shifted from Tihar Jail to a prison in Punjab.
A bench of Justices M M Sundresh and P B Varale observed that the matter involved security concerns and that the court could not disregard the state government’s assessment of the risks associated with the proposed transfer.
The court issued the direction after hearing submissions from the Delhi government opposing Hawara’s transfer and his counsel seeking relocation on humanitarian grounds. The matter will be heard again after four weeks.
Delhi Government Raises Security Concerns
Additional Solicitor General Aishwarya Bhati, representing the Delhi government, opposed the transfer request, citing Hawara’s involvement in a previous jailbreak and the potential risk of another escape.
She referred to a Ministry of Home Affairs advisory concerning the transfer of high-risk prisoners and argued that moving Hawara to Punjab could increase the possibility of his escape.
Bhati also drew the court’s attention to an affidavit submitted by the Punjab government, which raised concerns about the possible impact of his transfer on the state’s law and order situation.
She informed the bench that Hawara had been convicted in connection with digging a tunnel to escape from Chandigarh’s Burail Jail.
Hawara Cites Mother’s Health and Family Circumstances
Senior advocate Colin Gonsalves, appearing for Hawara, argued that his client had spent several years in prison and had maintained good conduct during his incarceration.
He submitted that Hawara was only 21 years old when Beant Singh was assassinated and that the incident had taken place 31 years ago.
Seeking consideration on humanitarian grounds, Gonsalves informed the court that Hawara’s mother was 82 years old and seriously ill.
He clarified that Hawara was not seeking release from custody but only a transfer to a high-security prison in Punjab, where his family resides.
The bench, however, expressed reservations about assessing the future conduct of a prisoner associated with a particular ideology. It observed that although a person might change over time, it was difficult to predict what circumstances could influence their conduct in the future.
2004 Jailbreak Forms Part of Opposition
Hawara is serving a life sentence for his involvement in the August 31, 1995, explosion at the entrance of the civil secretariat in Chandigarh, which killed Beant Singh and 16 others.
A trial court sentenced him to death in March 2007. The Punjab and Haryana High Court commuted the punishment to life imprisonment in October 2010, directing that he remain in prison for the rest of his life.
Both Hawara and the prosecution have challenged the High Court’s decision before the Supreme Court, where their appeals remain pending.
Hawara’s involvement in the January 22, 2004, jailbreak has also become a central issue in the transfer proceedings.
He escaped from Chandigarh’s high-security Burail Jail along with Paramjit Singh Bheora, Tara and murder convict Devi Singh after they dug a tunnel approximately 100 feet long.
Hawara and Bheora were arrested again within the following two years, while Tara was subsequently apprehended in Thailand. Devi Singh remains absconding and has been declared a proclaimed offender.
Petition Questions Continued Detention in Delhi
In his petition, Hawara argued that his continued confinement in Tihar Jail was unjustified because no criminal proceedings were pending against him in Delhi.
He submitted that he belonged to Fatehgarh Sahib district in Punjab and was serving a sentence connected with a criminal case registered in that state.
The petition claimed that Hawara had faced 36 false cases following Beant Singh’s assassination and had been acquitted in all except one.
It further contended that his prison conduct had remained satisfactory apart from the 2004 escape and that his classification as a high-risk prisoner several years earlier should not automatically prevent his transfer now.
Hawara also referred to another convict in the assassination case who had participated in the jailbreak but was subsequently transferred from Tihar Jail to a prison in Chandigarh.
The petition stated that his daughter lived in Punjab and sought relocation to enable him to remain closer to his family.
The Supreme Court had issued notices to the Centre, Chandigarh administration and the governments of Delhi and Punjab on September 27 last year in connection with the transfer plea.
With the latest direction, the Delhi government will now seek the Intelligence Bureau’s assessment before the court takes up the matter again.
