Jagtar Singh Hawara's Jail Transfer May Impact Punjab Polls: IB Informs Supreme Court

The Supreme Court has been informed by the Intelligence Bureau (IB) that Jagtar Singh Hawara's transfer from Tihar Jail in Delhi to a prison in Punjab may impact the upcoming state elections in Punjab.

Additional Solicitor General Aishwarya Bhati cited the IB report before a bench of Justices MM Sundresh and PB Varale which raised concerns over law and order and the potential impact on the upcoming elections in Punjab.

Senior Advocate S Muralidhar, appearing for Hawara objected to the report. He said, "His mother is in the 90s. If at all there can be a jail visit, I have applied for parole in the Punjab and Haryana High Court that is pending. I am on this that it can't be said that Tihar is a more secure jail than any other jail in Punjab; the Ministry of Home Affairs can't say that."

Justice Sundresh noted the IB report was very damning. "Normally we have no difficulty, but if the investigating agency says it's very damning, especially in the present scenario when the issues are alive, here and abroad. Second, it will have a huge impact on the ongoing elections."

In October, the Supreme Court had sought a report from the Intelligence Bureau on a plea filed by Beant Singh assassination case convict Jagtar Singh Hawara, seeking his transfer from Tihar Jail in Delhi to a prison in Punjab.

Noting that the situation concerning Hawara is very volatile, Justice MM Sundresh led bench had ordered, "We will request the Delhi government to get instructions..we will consider issues..we are not the competent persons to decide issues like security..we can get an input from the IB...we are not in a position to go against the Delhi and Punjab government..we don't want to get involved in it.."

Earlier, Solicitor General Tushar Mehta had also cited concerns regarding Hawara’s proposed transfer to a Punjab jail. “This is a matter where the person convicted for killing the former Chief Minister of Punjab wants to go back to Punjab jail,” the Solicitor General submitted. Mehta further told the Court that the State would have difficulty with Hawara being sent back to a Punjab jail, pointing out that he had previously escaped from a jail in the region. The State, he submitted, would prefer that Hawara continue to remain lodged in Tihar Jail.

Background

Hawara has approached the Supreme Court seeking his transfer from Tihar Jail to a prison in Punjab. He has contended that his continued incarceration in Delhi was unjustified, particularly since the case for which he is serving his sentence arose in Punjab and no criminal case against him was pending in Delhi. He had also relied on his conduct in prison and his family circumstances in seeking the transfer.

The Supreme Court had issued notice on Hawara’s plea to the Centre, the Chandigarh Administration, and the governments of Delhi and Punjab. The matter was subsequently listed on several occasions. On March 11, 2026, the Court again listed the matter for April 28.

Hawara was convicted in connection with the August 31, 1995 assassination of former Punjab Chief Minister Beant Singh and the deaths of 16 others in a blast outside the Civil Secretariat in Chandigarh. He was initially sentenced to death, but the Punjab and Haryana High Court commuted the sentence to imprisonment for life for the remainder of his natural life in 2010. Appeals arising from that judgment remain pending before the Supreme Court.

Hawara had earlier escaped from Burail Jail in Chandigarh in January 2004 after allegedly using a tunnel and was subsequently arrested. A previous plea seeking his transfer from Tihar to Punjab had also been dismissed by the Delhi High Court in 2018.

Case Title: Jagtar Singh Hawara v. Govt. of NCT of Delhi

Bench: Justice MM Sundresh and PB Varale

Hearing Date: November 3, 2026