Jagtar Singh Hawara’s Jail Transfer Plea: SG Tushar Mehta Raises Security Concerns, Supreme Court Adjourns Hearing

When the matter came up for hearing, before Justices MM Sundresh and PB Varale, where counsel sought a short passover, stating that Senior Advocate Colin Gonsalves was appearing for Hawara.

Solicitor General Tushar Mehta opposed an immediate passover, citing 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.

The Solicitor General requested that the matter be taken up on another day instead of being passed over on Thursday.

The Court thereafter adjourned the matter and listed it for hearing on October 13.

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 NK Singh

Hearing Date: September 17, 2026