IB Warns Hawara’s Punjab Jail Transfer Could Affect Elections

The Intelligence Bureau (IB) has told the Supreme Court that transferring Jagtar Singh Hawara, convicted in the assassination of former Punjab Chief Minister Beant Singh, from Delhi’s Tihar Jail to a prison in Punjab could affect the upcoming state elections and create law-and-order concerns.

The agency has described Hawara as a high-risk prisoner and opposed his transfer, according to a report by the Press Trust of India (PTI). Following the submission, the Supreme Court scheduled the next hearing on his transfer plea for February next year.

Supreme Court Seeks to Examine IB’s Objections

A bench of Justices M M Sundresh and P B Varale considered Hawara’s plea seeking transfer to a prison in Punjab. During the proceedings, the judges described the Intelligence Bureau’s report as “very damning”.

Senior advocate S Muralidhar, representing Hawara, suggested that if the upcoming elections were a concern, the matter could be considered after three months.

“If elections are a concern, this may be taken up after three months,” Muralidhar submitted.

The court subsequently posted the matter for hearing in February. The proceedings followed an earlier direction asking the Delhi government to obtain the Intelligence Bureau’s assessment of Hawara’s request.

IB Cites Election and Law-and-Order Concerns

The Intelligence Bureau reportedly warned that moving Hawara to a prison in Punjab could have a significant impact on the state’s political environment ahead of the Assembly elections. Elections to the 117-member Punjab Assembly are due early next year.

The agency also opposed the transfer on security grounds, describing Hawara as a high-risk prisoner. The Delhi government raised concerns that shifting him to Punjab could increase the possibility of another escape.

Additional Solicitor General Aishwarya Bhati, appearing for the Delhi government, told the court that Hawara had previously escaped from a high-security prison. She also referred to a Union Home Ministry advisory concerning the transfer of high-risk prisoners.

Bhati cited an affidavit filed by the Punjab government, which reportedly raised concerns about the potential impact of Hawara’s transfer on law and order in the state.

Why Jagtar Singh Hawara Is Serving a Life Sentence

Hawara is serving a life sentence for his role in the assassination of then-Punjab Chief Minister Beant Singh in August 1995. Beant Singh and 16 others were killed in a bomb blast near the entrance of the Civil Secretariat in Chandigarh on August 31, 1995.

Hawara was associated with Babbar Khalsa, a banned terrorist organisation. A trial court sentenced him to death in March 2007. However, the Punjab and Haryana High Court reduced the sentence to life imprisonment in October 2010 and directed that he should remain in prison for the rest of his life.

According to the proceedings reported by PTI, Bhati also referred to Hawara’s conviction in a case involving the digging of a tunnel at Chandigarh’s Burail Jail.

2004 Burail Jail Escape Cited in Transfer Dispute

The Delhi government has relied on Hawara’s previous jailbreak as a key reason for opposing his transfer. On January 22, 2004, Hawara escaped from the high-security Burail Jail in Chandigarh along with Paramjit Singh Bheora, Tara and murder convict Devi Singh.

The prisoners escaped by digging a tunnel nearly 100 feet long. Hawara and Bheora were arrested again within the following two years. Tara, who had been declared a proclaimed offender, was later arrested in Thailand, while Devi Singh remains absconding and has also been declared a proclaimed offender.

Bhati argued that Hawara’s escape history and the security advisory should be considered before allowing him to move to another prison.

What Hawara’s Petition Says About His Transfer

Hawara’s petition argues that he should be transferred from Tihar Jail to a prison in Punjab because he is serving a sentence in a case registered in the state and has no pending case against him in Delhi.

“The petitioner (Hawara) is currently serving his life imprisonment till the rest of his life in a case registered in the state of Punjab… He is a native of Fatehgarh Sahib district, Punjab, and ought to be confined in a prison in Punjab,” the plea said.

The petition also claimed that 36 cases were registered against Hawara following Beant Singh’s assassination and that he was acquitted in all but one. It further argued that another person convicted in the same case and involved in the jailbreak had been transferred from Tihar Jail to a prison in Chandigarh.

Challenging the continued reliance on his earlier security classification, the petition stated:

“The mere fact that the petitioner was considered a high-risk prisoner years ago is not a good enough reason today to keep him in Delhi and not shift him to Punjab.”

The plea also cited Hawara’s family connection to Punjab, stating that his daughter lives in the state. It questioned whether his past escape attempt should continue to prevent a transfer despite his claimed record of good conduct in prison in subsequent years.

Supreme Court Had Earlier Issued Notices to Governments

On September 27 last year, the Supreme Court issued notices to the Centre, the Chandigarh administration and the Delhi and Punjab governments on Hawara’s transfer petition.

The court later directed the Delhi government to seek the Intelligence Bureau’s views before considering the request. The agency’s opposition has now emerged as a central issue in the proceedings.

Hawara’s Transfer Plea to Be Heard in February

The Supreme Court will take up the matter again in February after considering the Intelligence Bureau’s objections and the positions presented by the governments involved.

The central questions include Hawara’s security classification, his previous jailbreak, the potential law-and-order implications of transferring him to Punjab and his arguments for serving his sentence closer to his home state.

No final decision has been made on the transfer request. The Supreme Court’s next hearing will determine how the competing security concerns and grounds raised in Hawara’s petition are considered.