Chandigarh: The Punjab and Haryana High Court on Monday disposed of a petition seeking temporary release filed by convicted Babbar Khalsa International operative Jagtar Singh Hawara, clarifying that the ultimate authority to process his parole application remains with the Delhi prison administration. The high-profile petitioner, currently serving a life sentence at a maximum-security prison in Delhi for his central role in the 1995 assassination of former Punjab Chief Minister Beant Singh, had approached the court requesting a temporary release on humanitarian grounds.
Representing Hawara, legal counsel argued that the petitioner has endured continuous judicial custody for the past 29 years and has never previously exercised his right to apply for a parole window. The request was structurally framed around urgent familial needs, detailing that Hawara’s nearly 80-year-old mother is currently battling advanced stages of Parkinson’s disease and dementia. The defense further stated that Hawara is the only surviving son available to manage her continuous medical care, highlighting that his father passed away during his lengthy incarceration. Legal representatives also informed the bench that the vast majority of secondary regional cases filed against him have already concluded in acquittals, leaving only a single active Special Leave Petition pending review before the Supreme Court.
The Union Territory of Chandigarh administration aggressively contested the plea, requesting an outright dismissal of the writ petition based on jurisdictional boundaries and national security protocols. The administration’s legal counsel emphasized that because the prisoner is physically incarcerated within a Delhi facility, the territorial jurisdiction over his physical release rests exclusively with the Delhi Jail Superintendent. Furthermore, the state raised critical counter-intelligence warnings, asserting that a temporary release could allow the high-risk prisoner to establish direct contact with active sympathizers or active modules of the banned Babbar Khalsa International organization, which could jeopardize public order and threaten regional counter-terrorism stability.
Rather than delivering a verdict on the core merits of the parole request, the High Court established a detailed administrative pathway for processing the application. The bench ordered Hawara to formally submit his proposal directly to the Delhi Jail Superintendent. Upon receipt, the Delhi prison authorities must forward the application through the Lieutenant Governor of Delhi to the Home Secretary of Chandigarh within one week. The Chandigarh Home Department will subsequently transmit the request to the regional Sessions Judge, who is mandated to secure a confidential intelligence evaluation from the Senior Superintendent of Police in Fatehgarh Sahib. This complete diagnostic file will then be routed back to the Delhi jail authorities within one month, who will render a final decision in strict accordance with statutory prison manuals.
