The Punjab government has strongly opposed the jail transfer request of Jagtar Singh Hawara, convicted in the 1995 assassination of ex-Punjab CM Beant Singh, citing security risks. The Supreme Court, hearing the plea, has sought a response from Chandigarh and Tihar Jail. Senior Advocate Colin Gonsalves argued for Hawara, highlighting his good conduct and the political unrest of 1984 that influenced his actions. The case will be heard again on March 18.
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NEW DELHI: The Punjab government has strongly opposed the request of Jagtar Singh Hawara, who is currently imprisoned in Delhi’s Tihar Jail, to be transferred to a jail in Punjab. Hawara was convicted for his role in the 1995 assassination of Punjab’s former Chief Minister, Beant Singh.
The Supreme Court heard his plea on Tuesday, with a Bench comprising Justices BR Gavai and Augustine George Masih.
Punjab’s Advocate General (AG) Gurminder Singh firmly objected to Hawara’s request, arguing that Punjab’s prison rules do not apply to his case as he was tried in Chandigarh, not Punjab. The AG pointed out that Hawara had a history of escaping from jail and reminded the court about his 2004 jailbreak from a prison in Chandigarh.
“The petitioner (Hawara) was not in the State of Punjab; he was tried in Chandigarh, where he did a jail break,”
-the AG stated.
He further explained that the Delhi government was also against the transfer, citing security concerns due to Punjab’s status as a border state.
“Delhi has taken the stance that he cannot be transferred, considering Punjab is a border State. He has no claim to Punjab and can only be sent back to Chandigarh,”
-he added.
Hawara was convicted along with 16 others for his role in the 1995 assassination. After his arrest, he was first kept in a prison in Chandigarh but was later shifted to Delhi’s Tihar Jail. His previous request for a transfer to Punjab was rejected by the Delhi High Court in 2018. In 2024, he filed a fresh petition in the Supreme Court, again seeking relocation to a Punjab jail.
During the hearing, Senior Advocate Colin Gonsalves represented Hawara and argued that his client had shown good behavior in prison. He also brought up the historical and political context surrounding the crime, mentioning the social unrest in Punjab and Delhi at the time.
Gonsalves pointed out that Hawara was only 21 years old when the assassination occurred and that his actions were influenced by the political turbulence of that period.
“1984 was the year of Operation Bluestar; the accused was 21 at the time. It was a political killing, driven by his anger over the events unfolding in Punjab and Delhi. He was arrested. The assassination took place during a period of social upheaval, similar to the Periyal case in Sri Lanka, where the Indian Army intervened,”
-he argued.
Additionally, Gonsalves highlighted Hawara’s personal circumstances, noting that his only surviving family member is his 14-year-old daughter, with whom he has no contact. He stressed that this lack of family connection adds to his emotional struggles. He further argued that since Hawara’s co-convicts were already in Punjab jails, his transfer to Punjab would be justified.
The Supreme Court has now sought more details on multiple aspects of the case. The judges asked whether a report could be obtained from Tihar Jail regarding Hawara’s conduct and whether the Chandigarh administration should be made a party in the case.
In response, Gonsalves stated that while Chandigarh had not been included in the case so far, they would be added to the proceedings.
The Court then directed the Chandigarh government to submit its response to Hawara’s petition within four weeks.
The case is scheduled for its next hearing on March 18.
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