Supreme Court Defers Jagtar Singh Hawara's Transfer to Punjab Jail by 3 Months Citing IB Report

New Delhi: Jagtar Singh Hawara, a convict serving a life sentence in the assassination case of former Punjab Chief Minister Beant Singh, will not be shifted to a Punjab jail from Delhi's Tihar Jail for the time being. The Supreme Court on Tuesday deferred the hearing on his transfer plea by three months.

The decision by the Supreme Court bench, comprising Justice M.M. Sundresh and Justice P.B. Varale, came after reviewing a confidential Intelligence Bureau (IB) report. The report expressed serious apprehensions that transferring Hawara to a Punjab prison could adversely impact the upcoming assembly elections in the state.

IB Report and Security Concerns During the hearing, Additional Solicitor General (ASG) Aishwarya Bhati, representing the Delhi Government, cited the IB report and raised concerns over potential law-and-order disruptions in Punjab. Pointing to Hawara's past, Bhati reminded the court of his previous involvement in a jailbreak where he escaped from a Chandigarh prison by digging a tunnel.

She also referred to a Ministry of Home Affairs (MHA) advisory containing strict guidelines regarding the transfer of high-risk prisoners. Furthermore, an affidavit filed by the Punjab government also highlighted concerns that his relocation could disturb the state's law and order.

Defense Argues for Humanitarian Grounds Appearing for Hawara, Senior Advocate S. Muralidhar contested the MHA’s claim that Tihar is inherently safer than high-security jails in Punjab. The primary basis of Hawara's plea was humanitarian—seeking a transfer so he could meet his ailing mother, who is over 90 years old and reportedly in critical condition.

“His mother is over 90 years old. If a jail meeting can be permitted, I have already applied for parole in the Punjab and Haryana High Court, which is pending. It cannot be outrightly claimed that Tihar Jail is more secure than any other jail in Punjab,” Muralidhar argued.

Court's Observation Justice Sundresh acknowledged the humanitarian aspect, noting that the court generally has no objection to allowing jail meetings. However, he emphasized that the IB report presented serious concerns and passing a transfer order under the current circumstances could cause unrest during the upcoming elections.

Following this, Senior Advocate Muralidhar suggested that if the upcoming elections were the primary concern, the matter could be heard after the electoral process concludes. Accepting this suggestion, the Supreme Court deferred the hearing for three months.

Hawara was convicted in the 1995 assassination of former Punjab CM Beant Singh. His initial death sentence was later commuted to life imprisonment.