On February 4, the Supreme Court directed that the Union Territory of Chandigarh be impleaded as a party in the petition filed by Jagtar Singh Hawara, who was convicted in the 1995 assassination of former Punjab Chief Minister Beant Singh and 16 others. Hawara has sought a transfer from Tihar Jail to a prison in Punjab.
The Court emphasized the necessity of the Chandigarh Administration’s involvement, noting that Hawara was initially tried and incarcerated at Burail Jail, Chandigarh, before being transferred to Delhi. The petitioner has been instructed to implead the UT administration accordingly.
A bench comprising Justices B.R. Gavai and K.V. Chauhan directed the NCT of Delhi, the Union of India, and the Chandigarh Administration to file their responses within four weeks.
Conviction and Background
Hawara was convicted on July 27, 2007, under Sections 120-B, 302, and 307 of the Indian Penal Code, 1860, along with Sections 3(b), 4(b), and 5(b) read with Section 6 of the Explosive Substances Act, 1908. Among the 15 convicted individuals, Hawara and Balwant Singh Rajoana were sentenced to death, while the others received life imprisonment.
On September 27, 2023, a bench of Justices Gavai and K.V. Vishwanathan issued a notice in the transfer petition. The plea contends that under the Punjab Prison Manual and Punjab Prison Rules, the petitioner should be housed in a central jail within his home state. It was also highlighted that no case is pending against him in Delhi.
The petition further cites various grounds for transfer, including his good conduct in jail, the socio-political context of the crime, the presence of his daughter in Punjab, and difficulties in attending pending court proceedings.
Arguments and Court Proceedings
Senior Advocate Colin Gonsalves, appearing for Hawara, argued that all co-convicts, including Balwant Singh Rajoana, Jagtar Singh Tara, Paramjit Singh Bheora, Gurmeet Singh, Shamsher Singh, and Lakhwinder Singh Lakha, have been lodged in Punjab prisons, making Hawara the sole exception in Tihar Jail.
The Court was also informed that Hawara was initially housed at Burail Jail, Chandigarh, during trial but escaped in 2004 by digging a tunnel. He was re-arrested in 2005 in another case and subsequently transferred to Tihar Jail. Gonsalves pointed out that another convict, Paramjit Singh, who was involved in the same jailbreak, has since been transferred to Chandigarh.
Gonsalves further argued that 20 years have passed since the jailbreak, and Hawara’s prison record since then has been good. He drew a parallel with the Perarivalan case, contending that the political nature of the crime and the historical context, including the 1984 riots and Operation Bluestar, should be considered.
When Justice Gavai inquired about any report from Tihar Jail, the Court was informed that the NCT of Delhi had yet to file a counter-affidavit.
Opposition from Punjab Government
Opposing the transfer, Punjab Advocate General Gurminder Singh, along with the Additional Advocate General, argued that Hawara was tried and initially lodged in Chandigarh, where he later escaped. It was also pointed out that a similar transfer plea was dismissed by the Delhi High Court on July 23, 2018, and was never challenged.
The Punjab government further contended that during earlier hearings before the Delhi High Court, the Delhi government had cited law and order concerns, intelligence reports, and Punjab’s status as a border state as reasons for denying the transfer. A 2015 advisory reportedly restricts the transfer of sensitive prisoners.
As an alternative, Singh suggested that the petitioner be transferred back to Chandigarh. In response, Gonsalves argued that Hawara’s only remaining family—his 14-year-old daughter—resides in Punjab, further justifying the request for transfer.
Pending Appeals
While serving his sentence, the Punjab & Haryana High Court, on October 12, 2010, upheld Hawara’s conviction but commuted his death sentence to life imprisonment. Appeals challenging this decision remain pending before the Supreme Court.
Case Details: Jagtar Singh Hawara v. Govt. of NCT of Delhi & Ors | W.P. (Crl.) No. 403/2024
