The Supreme Court pulled up the Delhi government for not deciding the remission plea of convict Sukhdev Yadav, saying orders were not followed unless contempt notices were issued
The SC issued a contempt notice to Delhi’s home department principal secretary for failing to act on the remission plea of Nitish Katara murder convict Sukhdev Yadav.
The Supreme Court on Monday issued a contempt notice to the principal secretary of Delhi government's home department for not deciding the remission plea of a convict in the 2002 Nitish Katara murder case and said its orders were not followed unless drastic measures were taken. We believe that unless a contempt notice is issued, our orders are not complied with, a bench comprising Justices Abhay S Oka and Ujjal Bhuyan said after the Delhi government failed to take a decision on the grant of remission to convict Sukhdev Yadav alias Pehalwan, who is serving a 20-year jail term without remission in the case.
Referring to its previous order, the bench said, A solemn statement on instructions of the state government was recorded in the order. Now we are informed that the SRB (sentence review board) is to consider the case of the petitioner today. The state government has not shown even the elementary courtesy of even making an application for grant of extension of time.
The bench went on, We therefore issue notice to the principal secretary of the Home Department of Delhi government calling upon him to show cause why action under the Contempt of Courts Act, 1971 should not be initiated against him. Notice of contempt is made returnable on March 28.
The official was asked to remain present via video-conferencing on the next hearing. On March 3, the Delhi government informed the bench that it would take a decision on the grant of remission to the convict in two weeks.
During the hearing, additional solicitor general Archana Pathak Dave, appearing for the Delhi government, said a meeting of the SRB was scheduled during the day and sought more time for a decision on the remission.
We have seen that the Delhi government does not make a decision without extension of time ... .We are seeing it in every case. Earlier there was an excuse that the chief minister was unavailable, Justice Oka said.
When the law officer persisted with the request, the judge said, You don't even have the courtesy to apply for extension of time. The bench referred to the prior statement of the government on a decision in two weeks but said it has now learnt that the SRB did not consider it.
The government referred to the Delhi High Court's direction on the aspect of the complainant, Neelam Katara, mother of the deceased victim, being heard during the hearing of the convict's remission plea. Is there a rule with the Delhi government that whenever the Supreme Court passes an order to decide a case it will not be decided within the time? the bench asked.
Unless there is a threat of contempt, you will never decide a case, Justice Oka added. On being informed that the SRB was meeting during the day, Justice Oka said Now it will go to the chief minister then to the Governor. Please tell us who is in-charge of this department. We will issue contempt notice.
Issuing the contempt notice, the bench said it did not compel the government to make the statement on taking a decision on the remission plea. The bench previously asked the government how the convict, whose 20 years jail term was ending on March 10, 2025, would continue to remain in prison.
After all, the issue pertains to the liberty of a person," the bench then said. Justice Oka had said the process of granting the remission should have been started long ago. "How can he be kept in jail after the period of sentence is over?" he asked.
The bench had noted the submissions of solicitor general Tushar Mehta and recorded that the aspect of remission would be considered within two weeks. On February 24, the bench questioned the Delhi government's submission that it would not release Pehalwan even after the completion of his actual 20 years jail term in the case.
The bench perused its judgement, which said, "Life imprisonment which shall be 20 years of actual imprisonment without consideration of remission, and fine of Rs 10,000." The top court then ordered the Delhi government home department secretary to file a statement on oath on whether after completing 20 years of actual sentence, the petitioner should be released and asked its counsel if the state was reading court verdicts this way.
Yadav's plea challenged a November 2024 order of the Delhi High Court, which dismissed his petition for releasing him on furlough for three weeks. On October 3, 2016, the Supreme Court awarded a 25-year jail term without the benefit of remission to Vikas Yadav and his cousin Vishal for their role in the sensational kidnapping and killing of Katara.
Co-convict Sukhdev Yadav alias Pehalwan was given a 20-year jail term in the case. They were convicted and sentenced for kidnapping Katara from a marriage party on the intervening night of February 16-17, 2002 and then killing him for his alleged affair with Vikas' sister Bharti Yadav.
Bharti was the daughter of Uttar Pradesh politician D P Yadav. The trial court observed Katara was murdered as Vishal and Vikas Yadav did not approve of his affair with Bharti as they were from different castes.
( Source : PTI )
Next Story