New Delhi, Feb 4 (PTI) – The Punjab government on Tuesday strongly opposed a plea filed in the Supreme Court by Jagtar Singh Hawara, who is serving a life sentence for the 1995 assassination of former Punjab Chief Minister Beant Singh. Hawara sought a transfer from Delhi’s Tihar Jail to any prison in Punjab.
A bench comprising Justices B R Gavai and K Vinod Chandran heard the arguments, where Punjab’s counsel informed the court that Hawara had previously been lodged in a Chandigarh jail. The court then questioned senior advocate Colin Gonsalves, representing Hawara, on whether Chandigarh had been made a party respondent in the plea. In response, Gonsalves stated that he would include Chandigarh as a respondent.
The bench granted permission to implead Chandigarh in the case and issued a notice to the Union Territory administration, directing it to respond within four weeks.
"In Punjab, he has no claim. If at all he is to be transferred, it is to the UT Chandigarh," Singh stated.
In September last year, the Supreme Court had sought responses from the Centre and other parties regarding Hawara’s transfer plea.
His petition stated that his conduct in prison had been clear except for an alleged jailbreak on January 22, 2004, after which he was rearrested. The plea, filed through advocate Satya Mitra, argued that there was no pending case against Hawara in Delhi, making his continued detention in Tihar Jail unnecessary.
The petition further claimed that Hawara had been falsely implicated in 36 cases following Beant Singh’s assassination but was acquitted in all except one.
A key point raised in the plea was that another convict in the same murder case, who was also involved in the jailbreak, had been transferred from Tihar Jail to a prison in Chandigarh.
Hawara’s appeal against the high court’s verdict, as well as the prosecution’s counter-appeal, remains pending before the Supreme Court.
The case now awaits the Chandigarh administration’s response, which is expected within four weeks, before the court takes further action.
A bench comprising Justices B R Gavai and K Vinod Chandran heard the arguments, where Punjab’s counsel informed the court that Hawara had previously been lodged in a Chandigarh jail. The court then questioned senior advocate Colin Gonsalves, representing Hawara, on whether Chandigarh had been made a party respondent in the plea. In response, Gonsalves stated that he would include Chandigarh as a respondent.
The bench granted permission to implead Chandigarh in the case and issued a notice to the Union Territory administration, directing it to respond within four weeks.
Punjab’s Argument Against Transfer
Punjab’s Advocate General, Gurminder Singh, argued that Hawara had earlier approached the Delhi High Court in 2018 with a similar plea, which was dismissed. He further contended that Hawara was citing the Punjab prison manual, which was not applicable in his case, as he was tried in Chandigarh and incarcerated there."In Punjab, he has no claim. If at all he is to be transferred, it is to the UT Chandigarh," Singh stated.
Hawara’s Plea for Transfer
On the other hand, Gonsalves emphasized that Hawara’s request was solely for a transfer to any prison in Punjab. He noted that Hawara’s only family member, his daughter, resided in Punjab, which should be considered a humanitarian factor.In September last year, the Supreme Court had sought responses from the Centre and other parties regarding Hawara’s transfer plea.
Hawara’s Imprisonment and Legal Battle
Hawara is serving life imprisonment for his role in the assassination of Beant Singh, who was killed in a bomb blast at the entrance of the Chandigarh Civil Secretariat on August 31, 1995. The explosion claimed the lives of 16 others.His petition stated that his conduct in prison had been clear except for an alleged jailbreak on January 22, 2004, after which he was rearrested. The plea, filed through advocate Satya Mitra, argued that there was no pending case against Hawara in Delhi, making his continued detention in Tihar Jail unnecessary.
The petition further claimed that Hawara had been falsely implicated in 36 cases following Beant Singh’s assassination but was acquitted in all except one.
A key point raised in the plea was that another convict in the same murder case, who was also involved in the jailbreak, had been transferred from Tihar Jail to a prison in Chandigarh.
Judicial History
In March 2007, a trial court sentenced Hawara to death for his role in the assassination. However, in October 2010, the Punjab and Haryana High Court commuted his sentence to life imprisonment, explicitly stating that he should not be released for the rest of his life.Hawara’s appeal against the high court’s verdict, as well as the prosecution’s counter-appeal, remains pending before the Supreme Court.
The case now awaits the Chandigarh administration’s response, which is expected within four weeks, before the court takes further action.
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