New Delhi (PTI): The Supreme Court on Tuesday deferred by two weeks hearing on Beant Singh murder convict Jagtar Singh Hawara's plea seeking his transfer from Delhi's Tihar jail to any prison in Punjab.
The Babbar Khalsa terrorist is serving life term in the case related to the killing of the former Punjab chief minister in 1995.
A bench comprising justices M M Sundresh and N Kotiswar Singh adjourned the matter as Solicitor General Tushar Mehta was not available.
On September 27 last year, the apex court issued notices to the Centre, Chandigarh administration and the Delhi and Punjab governments on Hawara's plea.
Hawara is serving imprisonment for the rest of his life in the case related to the blast at the entrance of the civil secretariat at Chandigarh on August 31, 1995 in which Beant Singh and 16 more people were killed.
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The plea filed in the apex court said Hawara's conduct in prison has been without blemish except for an alleged jail break on January 22, 2004 when he had escaped and was later arrested. It said he should be transferred from Tihar Jail in Delhi to any other prison in Punjab as there is no case pending against him in the national capital.
Hawara, Paramjit Singh Bheora, Tara and a murder convict Devi Singh had escaped from Chandigarh's high-security Burail Jail in January 2004 by digging a nearly 100-feet long tunnel.
Hawara and Bheora were re-arrested within the next two years. Tara, a proclaimed offender in this case, was arrested from Thailand, while Devi Singh is absconding and has also been declared a proclaimed offender.
"Petitioner (Hawara) is currently serving his life imprisonment till the rest of his life in a case registered in the state of Punjab... He is a native of state of Punjab, Fatehgarh Sahib district, and ought to be confined in a prison in Punjab," it said.
According to the plea, the petitioner had 36 false cases foisted on him after the murder of Beant Singh and he has been acquitted in all except one. One person convicted in the same case and also part of the jail break has been shifted from Tihar to a jail in Chandigarh, it said.
"The mere fact that the petitioner was considered a high-risk prisoner years ago is not a good enough reason today to keep the prisoner in Delhi and not shift him to Punjab," it said, adding that his daughter is in Punjab. Hawara's wife has died and his mother is in a coma in the US.
"The question that arises in this case is whether a person who has been accused of committing a murder in the context of serious social upheaval where tens of thousands of young Sikhs were extra-judicially executed by the state police on the instructions of the deceased Chief Minister Beant Singh, which offence has been characterised as exacerbated by his unsuccessful jail break attempt, but who has for the last 19 years led a life in prison which is without blemish can seek an order from this court for transfer to a jail in Punjab," the plea said.
In March 2007, Hawara was sentenced to death by a trial court in the case.
The Punjab and Haryana High Court in October 2010 commuted his sentence to life imprisonment with a direction that he shall not be released from jail for the rest of his life.
Hawara's petition said the appeals filed by him as well as by the prosecution against the high court verdict are pending in the apex court.
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New Delhi (PTI): Uncapped Ayush Badoni on Monday replaced Washington Sundar in India's squad for the remaining two ODIs against New Zealand after the all-rounder was ruled out due to a rib injury.
Washington suffered the injury in the series-opener in Vadodara on Sunday.
The 26-year-old, who bowled five overs for 27 runs, walked off midway through the New Zealand innings and did not return to field. Despite the discomfort, he later came out to bat at No. 8 as India picked up a four-wicket win.
"India all-rounder Washington Sundar reported an acute onset discomfort in his left lower rib area while bowling during the first ODI against New Zealand at the BCA Stadium, Vadodara, on Sunday," said the BCCI in a statement.
"He will undergo further scans, following which the BCCI Medical Team will seek expert opinion. Washington has been ruled out of the remaining two matches.
"The Men's Selection Committee has named Ayush Badoni as his replacement. Badoni will link up with the squad in Rajkot (the game is on Wednesday), the venue for the second ODI," it added.
Badoni being named in the national squad means that he will miss Delhi's quarterfinal against Vidarbha in Bengaluru on Tuesday.
Badoni, primarily a batter who bowls off-spin, has captained Delhi and was deputy to Rishabh Pant in the team's latest Vijay Hazare Trophy campaign.
The 26-year-old rose to prominence with his performances for Lucknow Super Giants in the Indian Premier League where he played under the mentorship of current India head coach Gautam Gambhir.
While Badoni has a batting average of 57.96 in first-class cricket, his List A returns are not that impressive.
He averages 36.47 in 27 games and has done more with the ball than bat in the ongoing Vijay Hazare Trophy.
Delhi head coach Sarandeep Singh spoke about the work Badoni has put on his off-spin over the last year or so.
"He bowls at least 30 balls in every practice session after batting in the nets. He realises that he needs to improve his off-spin to make a strong case as an all-rounder who can fit into the Indian team," Sarandeep said.
"He has improved as a bowler considerably over the last 12 months. He is getting wickets for us regularly, he is a very smart cricketer and learns quickly.
"His off-spin turns sharply and he has a good carrom ball and arm ball as well," the former India spinner told PTI.
Washington is the third Indian player to pick up an injury in the ongoing series.
Earlier, wicketkeeper-batter Rishabh Pant was ruled out after suffering a side strain last week while Tilak Varma is unavailable for the first three T20Is against New Zealand due to a groin injury which required surgery.
