The Supreme Court on Monday sought a response from the Government of National Capital Territory of Delhi (GNCTD) over its failure to decide on the remission plea of a convict in the Nitish Katara murder case of 2002.
The Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan expressed its strong displeasure against the Home department of GNCTD for not complying with its previous orders regarding the grant of remission to convict Sukhdev Yadav alias Pehalwan, currently serving a 20-year jail term in the 2002 murder case.
On March 3, the Delhi government had apprised the Apex Court that it would take a decision on the grant of remission to the convict in two weeks.
The Bench today observed that a solemn statement was recorded in its March 3 order, on instructions of the state government. It was now being apprised that the SRB was to consider the case of the petitioner today.
The state government did not show even the elementary courtesy of submitting an application for the grant of extension of time, noted the High Court.
Appearing for the Delhi government, Additional Solicitor General Archana Pathak Dave sought more time on the grounds that a meeting of the SRB over the remission plea was scheduled during the day.
The top court of the country responded that the Delhi government did not make a decision without the extension of time in every case. Earlier, there was an excuse that the Chief Minister was unavailable, it pointed out.
The ASG referred to the Delhi High Court’s direction on the aspect of complainant Neelam Katara, mother of the deceased, being heard during the hearing of the convict’s remission plea.
The Bench then asked whether there was a rule that whenever the Supreme Court passed an order to decide on a case, it would not be decided within the stipulated time. Unless there was a threat of contempt, the Delhi government never decided a case, it added.
It further noted that since the SRB would hold the meeting today, it would go to the Chief Minister, then to the Governor.
The Apex Court inquired about the in-charge of the department and issued contempt notice to the Principal Secretary of the Home Department of GNCTD.
It asked the government official to show cause by March 28, as to why action under the Contempt of Courts Act, 1971 should not be initiated against him. The official was further directed to remain present via video-conferencing on the next date of hearing.
The Bench said it did not compel the government to make the statement on taking a decision on the remission plea.
During the previous hearings, the top court of the country had asked the government how the convict, whose 20-year jail term was ending on March 10, 2025, would continue to remain in prison.
Noting that the issue pertained to the liberty of a person, the Bench said the process of granting the remission should have been started long ago.
It further noted the submissions made by Solicitor General Tushar Mehta and recorded that the aspect of remission would be considered within two weeks.
On February 24, the Bench had questioned the Delhi government’s submission that it would not release the convict, even after the completion of his actual 20-year jail term in the case.
The Bench perused its judgement, which said that life imprisonment should be 20 years of actual imprisonment without consideration of remission, and fine of Rs 10,000.
The Apex Court directed the Secretary, Home department, GNCTD, to file a statement on oath on whether after completing 20 years of actual sentence, the petitioner should be released. It further asked the counsel representing the Delhi government whether the state was reading court verdicts this way.
The convict 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 top court of the country awarded a 25-year jail term without the benefit of remission to Vikas Yadav and his cousin Vishal for their role in the kidnapping and killing of Nitish Katara.
Co-convict Sukhdev Yadav alias Pehalwan was awarded a 20-year jail term in the case.
The accused were convicted and sentenced for kidnapping Katara from a marriage party on the intervening night of February 16-17, 2002, and killing him for his alleged affair with Vikas’ sister Bharti Yadav.
Bharti was the daughter of Uttar Pradesh politician DP Yadav.
Vishal and Vikas Yadav did not approve of Katara’s affair with Bharti as they belonged to different castes. This led to the murder of the victim, ruled the trial court.
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