The Supreme Court on Tuesday asked the Delhi government to obtain inputs from the Intelligence Bureau (IB) on whether Jagtar Singh Hawara, who is serving a life sentence for his role in the 1995 assassination of former Punjab Chief Minister Beant Singh, can be transferred from Tihar Jail to a prison in Punjab [Jagtar Singh Hawara v. Govt. of NCT of Delhi].
A Bench of Justices MM Sundresh and Prasanna B Varale issued the direction while considering Hawara's plea for the jail transfer.
Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Delhi government, told the Court that IB inputs were necessary before a decision could be taken in the matter.
Bhati submitted that transfers should be avoided if the Intelligence Bureau provided adverse inputs. She added that the Punjab government had filed an affidavit stating that the transfer should not be considered in the interest of maintaining peace and tranquillity.
The Court, therefore, asked the Delhi government to seek the required inputs from the IB.
“Learned ASG appearing for the Delhi government, relying on the counter-affidavit, submitted that a decision in a matter like this cannot be taken without obtaining inputs from the Intelligence Bureau (IB). In such a matter, we request ASG to get instructions on whether the petitioner (Hawara) can be transferred to a jail in Punjab,” the Court's order said.
Hawara is presently serving a life imprisonment sentence after he was found guilty of the conspiracy behind the 1995 assassination of former Punjab Chief Minister Beant Singh.
Hawara has sought his transfer from Delhi's Tihar jail to a prison in Punjab. In his plea, Hawara submitted the case in which he is serving his sentence was registered in Punjab, where his daughter also lives.
He also contended that no case is pending against him in Delhi. Being lodged in Tihar makes it difficult for him to participate in proceedings pending in Punjab, his plea said.
During the hearing today, ASG Aishwarya Bhati raised concerns about whether a jail transfer is ideal, pointing to Hawara’s involvement in a jailbreak.
“He was found in jail break. Lordship may have para 6 of our short affidavit. The convict… escaped.. His death sentence was converted to life imprisonment. He is the killer of the former chief minister of Punjab. He was arrested in Delhi in another case,” she submitted.
Bhati further referred to a Ministry of Home Affairs (MHA) advisory on shifting high-risk prisoners from one State to another, which, she said, required the State to consult the Intelligence Bureau.
Senior Advocate Colin Gonsalves, appearing for Hawara, countered that the jailbreak incident had happened years ago.
“It starts with June 1984, which is Operation Blue Star. The Chief Minister was assassinated. That was 31 years ago. Assuming I was involved, the assassination took place in the background of social upheaval. This is 30 years ago,” he submitted.
The Court, however, expressed that there were lingering concerns about the possible consequences of a jail transfer.
“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 said.
Justice Sundresh recalled granting parole to prisoners in a bomb blast case who later reformed, but stressed the need to consider the consequences of Hawara’s transfer.
“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 judge remarked.
The matter will be heard next on November 3.
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