The Supreme Court on Friday postponed for two weeks the hearing on a petition filed by Jagtar Singh Hawara—convicted in the 1995 assassination of former Punjab chief minister Beant Singh—seeking his transfer from Delhi’s Tihar Jail to a prison in Punjab. Hawara, associated with Babbar Khalsa, is currently serving life imprisonment for his role in the deadly blast at the Chandigarh civil secretariat on August 31, 1995, which killed Beant Singh and 16 others.

A bench headed by Chief Justice B R Gavai and Justice Vijay Bishnoi briefly took up the matter before granting an adjournment. The postponement adds to a case that has seen multiple legal turns, including an earlier order from September 27 last year when the Court issued notices to the Centre, the Delhi and Punjab governments, and the Chandigarh administration on Hawara’s request.

Details of the Petition

Hawara’s plea argues that since he was convicted under a case registered in Punjab—where he is also a native of Fatehgarh Sahib district—he should be confined to a prison within the state rather than in Delhi, especially since there is no pending case against him in the national capital. His petition also seeks the production of his complete prison conduct record, stating that he has maintained a clean disciplinary record for the past 19 years.

However, the bench pointedly referred to his 2004 escape from Burail Jail, asking senior advocate Colin Gonsalves, “How were you successful in digging a tunnel?” Gonsalves responded by emphasizing the passage of time since the incident: “We are almost 30 years from the main incident and 20 years from the jail break.”

The plea acknowledges the jailbreak but insists that Hawara’s conduct since his re-arrest has been “without blemish,” with no further violations. It also claims that 36 cases were falsely lodged against him following Beant Singh’s assassination, with acquittals in all but one.

Arguments for Transfer

The petition contends that another convict in the same case—who was also part of the 2004 jailbreak—has already been transferred from Tihar to a jail in Chandigarh, raising the question of why Hawara continues to be held in Delhi. It argues that the label of “high-risk prisoner,” applied many years ago, should not indefinitely prevent a transfer, especially when Hawara’s conduct no longer reflects that classification.

It further notes that Hawara’s family ties lie in Punjab: his daughter resides there, his wife has passed away, and his mother is currently in a coma in the United States. The plea frames the transfer request as a humane consideration in light of these circumstances.

Another legal point highlighted is that, because the only continuing sentence against him stems from a case registered in Chandigarh, Hawara should be governed by Punjab’s prison rules rather than those of Delhi.

Background of the Case

Hawara was sentenced to death by a trial court in March 2007 for his role in the assassination of Beant Singh. In October 2010, the Punjab and Haryana High Court commuted the death sentence to life imprisonment, with the condition that he remain in prison for the rest of his natural life. Both Hawara and the prosecution have challenged aspects of the high court judgment, and their appeals remain pending before the Supreme Court.

The latest petition goes beyond the technicalities of prison transfer, touching upon the broader context of Punjab’s insurgency years. It references the social and political upheaval of the period, alleging that thousands of young Sikhs were extra-judicially killed under state-sponsored violence. The plea argues that these circumstances should be taken into account when considering Hawara’s transfer request, particularly given his long record of good conduct since 2006–07.

Next Steps

With the Supreme Court now deferring the matter, the case will be taken up again in two weeks. The Court will examine not only the legal merits of transferring a life convict to another state’s prison system but also the broader implications of the request, especially in light of Hawara’s history, his rehabilitation claims, and precedent involving similar convicts.

Until then, Hawara will remain lodged in Tihar Jail as the legal process continues to unfold.