The Punjab and Haryana High Court today delivered an important verdict while hearing the petition related to the parole of Jagtar Singh Hawara. Disposing of this writ petition, the court has ordered the petitioner to apply for parole with the Superintendent of Delhi Jail.
Jagtar Singh Hawara has been in judicial custody for the last 29 years, and during this entire period he has sought parole for the first time. This parole has been sought on humanitarian grounds, as Hawara’s almost 80-year-old mother is suffering from a serious illness, due to which she needs constant care. Hawara is the only son of his parents and his father has already passed away, due to which there is no one else in the house to take care of his ailing mother.
The lawyer also clarified that at present only one special leave petition is pending in the Hon’ble Supreme Court, while in most of the remaining criminal cases he has either been acquitted or the proceedings in those cases have been completed. On the other hand, the counsel for the Union Territory of Chandigarh opposed the parole, saying that the petitioner is currently lodged in a Delhi jail, so the Superintendent of Delhi Jail has the authority to consider and decide on his parole application.
The administration expressed serious concern that if Hawara is granted any relief like parole, he may again come in contact with members or supporters of Babbar Khalsa International. Given his record and ideological links with the terrorist organization, such contact may revive extremist activities, which may prove to be a major threat to public order, security and integrity of the country.
After hearing the arguments of both sides, the Hon’ble Bench has issued the following directions for the parole process. Jagtar Singh Hawara will first apply for parole to the Superintendent of Delhi Jail. After receiving the application, the Delhi Jail Superintendent will forward it to the Home Secretary, UT Chandigarh, through the Lieutenant Governor of Delhi within a week.
After this, the Home Secretary, Chandigarh will forward this application to the Sessions Judge, Chandigarh. The Sessions Judge will seek a confidential report from the Senior Superintendent of Police, Fatehgarh Sahib, in this matter. After receiving the report, the Sessions Judge will send it back to the Home Secretary, Chandigarh, who will send the entire record and report back to the Delhi Jail Superintendent within a month. After this, the Delhi Jail Superintendent will take a final decision on Hawara’s parole application as per the law.