SC Seeks Centre’s Response On Hawara’s Punjab Jail Transfer Request

Jagtar Singh Hawara

The Supreme Court has issued notices to the Centre and the governments of Delhi and Punjab regarding a petition filed by Jagtar Singh Hawara, a convicted terrorist serving a life sentence for the 1995 assassination of Punjab Chief Minister Beant Singh.

Hawara seeks his transfer from Tihar Jail in Delhi to a prison in Punjab.

Background

A bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan is reviewing Hawara’s request, which argues that his conduct in prison has been exemplary, with the exception of an alleged jailbreak on January 22, 2004, during which he escaped but was later apprehended.

During the hearing, the bench questioned Hawara’s senior advocate, Colin Gonsalves, about the jailbreak, to which Gonsalves responded that nearly 30 years have passed since the assassination and 20 years since the escape.

Details of the Petition

Filed by advocate Satya Mitra, the petition asserts that there are no pending cases against Hawara in Delhi, and he should be housed in a prison closer to his home in Punjab, specifically citing his native district of Fatehgarh Sahib. The plea also requests the court to obtain Hawara’s complete prison records to review his behavior during incarceration.

The petition states that since his re-arrest following the jailbreak, Hawara’s prison record has been unblemished, despite facing 36 charges after Beant Singh’s murder, with acquittals in all but one case. The plea highlights that another individual convicted in the same case and involved in the jailbreak has already been transferred to a prison in Chandigarh.

Arguments for Transfer

Hawara’s petition emphasizes that the classification of him as a high-risk prisoner is outdated, asserting that current circumstances do not warrant his continued confinement in Delhi. The petition also notes personal reasons for the transfer, stating that Hawara’s daughter resides in Punjab and that his wife has passed away while his mother is in a coma in the USA.

The petition raises broader issues regarding the context of his original offense, referencing historical violence against Sikhs under Beant Singh’s administration, and questions whether Hawara’s long-term good behavior in prison qualifies him for a transfer.

Judicial Proceedings

In March 2007, Hawara was initially sentenced to death, but the Punjab and Haryana High Court commuted this to life imprisonment in October 2010, with a stipulation that he would not be released. Appeals related to the High Court’s decision are currently pending before the Supreme Court.

The bench has scheduled the matter for further hearing in four weeks, while awaiting responses from the relevant authorities.