Hearing Hawara’s plea, the High Court put a poser to Delhi government asking can a man convicted in one State be lodged in prison in another State where there is no case against him, and is such imprisonment legal?
The Hush Post: Jagtar Singh Hawara, convicted for conspiring to assassinate former Punjab chief minister Beant Singh, has moved the Delhi High Court terming his incarceration in Tihar jail as ‘illegal’ as he has not been convicted for any crime in the Capital. In a habeus corpus plea, Hawara also sought his release from the said jail where he has been lodged since 2016.
Though the High Court on Tuesday dismissed as “completely misconceived” his application for release, it put a poser to Delhi government asking can a man convicted in one State be lodged in prison in another State where there is no case against him, and is such imprisonment legal?
A Bench of Justices Vipin Sanghi and P.S. Teji also issued notice to the Delhi government asking as to why Hawara hasn’t been shifted to a prison in Punjab.
Hawara, through his advocate, Mehmood Pracha also pleaded that he be produced before the court claiming that the trial in cases against him in Punjab were stalled as due to his imprisonment in Delhi.
Responding, state government’s counsel told the court that Hawara was not shifted to Punjab as there was intelligence inputs that attempts will be made to free him during transit. Mehra said Hawara was lodged initially in Tihar jail while a case against him was pending trial in Delhi. However, by the time he was acquitted in the case here, he was convicted in the Beant Singh assassination case, leading him to remain in jailed here, he said.
The matter has been listed for hearing on May 28.