Punjab and Haryana High Court’s Directive on Parole Plea
The Punjab and Haryana High Court has mandated a prompt resolution concerning the parole request of Jagtar Singh Hawara, who is serving a life sentence at Mandoli Jail for the assassination of former Punjab Chief Minister Beant Singh. Having spent 29 years in custody, Hawara seeks a four-week parole to care for his 81-year-old mother, whose health is reportedly in rapid decline.
Judicial Intervention Due to Administrative Delays
On July 6, a Division Bench, comprising Justice Vinod S Bhardwaj and Justice Sukhvinder Kaur, intervened after identifying bureaucratic delays involving authorities from Delhi, Punjab, and Chandigarh that had stalled the decision on Hawara’s parole application. The court has established a seven-week timeframe for the decision, urging seamless coordination among the responsible jail authorities.
Structured Timeline for Parole Decision
According to the court’s directive, the Superintendent of Mandoli Jail must forward the parole plea to Chandigarh’s Home Secretary within a week. Subsequently, the Chandigarh administration is required to review and return its recommendations to the Mandoli Jail authorities within four weeks. The Superintendent of Mandoli Jail is then expected to finalize the parole application within two weeks of receiving these recommendations. The court emphasized the importance of adhering to these deadlines to prevent further delays.
Background of the Case
Jagtar Singh Hawara was convicted following a Central Bureau of Investigation (CBI) inquiry, facing charges of murder, attempted murder, and use of explosives. His legal representative, Senior Advocate Maninder Singh, highlighted that out of 36 cases filed against Hawara, he has been either acquitted, discharged, or has completed his sentence in all but the case involving Beant Singh’s assassination. Despite maintaining a record of good conduct in prison for nearly three decades, Hawara has not been granted parole.
Jurisdictional Misunderstandings
The delay in processing the parole application was attributed to a jurisdictional oversight. Mandoli Jail authorities erroneously forwarded his file to the Punjab government, assuming Hawara’s residency in Punjab. However, since his conviction was by an Additional Sessions Judge in Chandigarh, the appropriate authority for recommendations is the Union Territory of Chandigarh. Senior Law Officer SGK Murty acknowledged this oversight during the hearing, agreeing to redirect the file to Chandigarh’s Home Secretary.
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Legal Representation and Court Proceedings
Advocates Aekta Vats, Jaskaran Sibia, and Gursharan Singh Dhaliwal represented Jagtar Singh Hawara. Senior Advocate JS Toor, along with Advocates Adhiraj Toor and Jasbir Singh, appeared on behalf of the Union Territory of Chandigarh. Senior Law Officer SGK Murty and Deputy Superintendent Saurabh Sharma represented the Delhi Prisons department, while Advocate Akashdeep Singh served as the Special Public Prosecutor for the CBI.
The court’s structured approach aims to ensure that Hawara’s parole request is processed without further unnecessary delays, emphasizing the importance of inter-agency cooperation.
