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Supreme Court Directs IB Input on Hawara Transfer Bid

The court ordered an intelligence review to weigh security risks before deciding whether to send Jagtar Singh Hawara from Tihar to a Punjab prison.

Overview

  • The Supreme Court on Tuesday instructed the Delhi government to obtain Intelligence Bureau (IB) inputs on Hawara’s petition and adjourned the case for four weeks for further hearing.
  • Delhi and Punjab opposed the transfer, telling the court that Hawara’s 2004 escape from Burail Jail and a Ministry of Home Affairs advisory on moving high‑risk inmates raise a real risk of another break and possible law‑and‑order problems in Punjab.
  • Hawara’s lawyers argued he has an unblemished prison record since re‑arrest, is not seeking release, and wants a move to a high‑security Punjab jail on compassionate grounds to be near his elderly, ill mother and his daughter.
  • The bench called the matter sensitive and said it would not lightly go against state security advice, noting the need to consider how the transfer could affect public safety and social tensions.
  • The case will test how courts balance prisoner rehabilitation and family‑based relief against state security assessments and MHA transfer guidance, with the IB report and pending appeals against the 2010 commutation likely to shape the final decision.