Can convict of a state be jailed in another: HC to Delhi govt on Hawara

COURT WAS HEARING A PLEA CLAIMING THAT HIS INCARCERATION IN TIHAR JAIL IS ILLEGAL AS HE HAS NOT BEEN CONVICTED FOR ANY CRIME IN THE CAPITAL

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?

These were posers put to the Delhi government by the Delhi high court (HC) today during the hearing of a petition of Jagtar Singh Hawara, convicted for conspiring to assassinate the then Punjab chief minister (CM) Beant Singh in 1995, claiming that his incarceration in the Tihar Jail is illegal as he has not been convicted for any crime in the national capital.

NOTICE ISSUED TO DELHI GOVT

A bench of justices Vipin Sanghi and PS Teji issued notice to the Delhi government and asked them to indicate in their response why he has not been shifted to a prison in Punjab.

The bench, however, dismissed as “completely misconceived” an application moved by Hawara, through advocate Mehmood Pracha, seeking his release from Tihar Jail.

Pracha, appearing for Hawara, claimed that his client was in illegal detention at Tihar Jail, where he has been lodged since May 2016. The contention was rejected by the court which said the detention was “not illegal”.

The Delhi government, represented by standing counsel (criminal) Rahul Mehra, told the court that Hawara was not shifted to Punjab as there were intelligence inputs that attempts would be made to free him during transit.

Mehra said initially Hawara was lodged 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, the lawyer said, adding that in view of this factual position, his detention here was not illegal.

The bench listed the matter for hearing on May 28.

Besides seeking his release from Tihar Jail, the plea moved on behalf of Hawara seeks that he should be produced before the court.

It also claimed that the trial in the cases against him in Punjab were stalled as due to his being imprisoned here.

The claim has been refuted by the Delhi government which has said that trial in those cases were proceeding via video conferencing.