The Supreme Court directed the Delhi authorities to seek input from the Intelligence Bureau (IB) regarding the potential transfer of Jagtar Singh Hawara, currently incarcerated for his involvement in the 1995 assassination of former Punjab Chief Minister Beant Singh, from Tihar Prison to a facility in Punjab.
The court’s bench, comprising Justices MM Sundresh and Prasanna B Varale, issued this direction while reviewing Hawara’s request for relocation. Additional Solicitor General (ASG) Aishwarya Bhati, representing the Delhi government, informed the Court that IB input is essential prior to making a determination on the matter.
Background of the Case
Hawara has petitioned for his relocation from Delhi’s Tihar jail to a Punjab prison, arguing that the offense was registered in Punjab, where his daughter resides. He further contended that no charges against him are pending in Delhi, and remaining in Tihar hampers his ability to engage in legal proceedings in Punjab, as outlined in his petition.
During the hearing, ASG Bhati raised concerns about the suitability of the transfer, highlighting Hawara’s prior involvement in a jailbreak. ASG Bhati submitted that such transfers should be avoided if the IB advises against them, citing an affidavit from the Punjab government asserting that the transfer should not proceed to preserve public order. The Punjab authorities emphasized that moving Hawara could jeopardize regional stability.
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Concerns Over Jail Transfer
ASG Bhati referenced a Ministry of Home Affairs (MHA) guideline governing the relocation of high-risk prisoners between states, which mandates consultation with the IB. Senior Advocate Colin Gonsalves, representing Hawara, countered that the jailbreak incident occurred years ago. He noted that the assassination of the Chief Minister began with June 1984, known as Operation Blue Star, and the killing itself took place 31 years ago, situating the events in a context of long-past social upheaval.
The Court acknowledged ongoing concerns about potential repercussions of the transfer. Justice Sundresh stated, “Facts are disturbing. If you want, we will ask ASG to get instructions from IB. We are not competent persons to decide whether this will cause any law and order situation or other things.” Justice Sundresh also referenced granting parole to individuals in a bomb blast case who later reformed, emphasizing the need to weigh the consequences of Hawara’s transfer.
The judge added, “Every sinner has a future. See, people say if you kill a single person, you are a murderer, but if you kill 1,000 persons, you are a conqueror. So that is the difference. But we will have to look at the implications. He (Hawara) should not trigger something.”
The next hearing is scheduled for November 3. As the Court deliberates, it is expected to assess the transfer’s potential impact on Punjab’s peace. The Court, however, expressed that there were lingering concerns about the possible consequences of a jail transfer.
