New Delhi, Mar 17 (UNI) The Supreme Court on Monday issued a contempt notice to the Principal Secretary of Delhi Government’s Home Department for failing to decide on the remission plea of Sukhdev Yadav alias Pehalwan, a convict in the 2002 Nitish Katara murder case.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan asked as to why the order on the remission petition has not been passed by the Delhi Govt despite the court's March 3 order.
After noting that the Delhi government failed to act on the remission plea, the bench remarked that its orders were not being followed and that unless strict measures were taken, the directions would not be complied with.
Referring to its previous directives, the bench noted, “A solemn statement was recorded based on the state government’s instructions. Now we are informed that the Sentence Review Board (SRB) is considering the case today. The state government has not even shown the basic courtesy of applying for an extension of time,” the bench remarked.
While expressing its displeasure, the bench issued a contempt notice to the Principal Secretary of the Home Department, requiring him to explain why action should not be initiated under the Contempt of Courts Act, 1971.
The court directed the Delhi government officials to appear before it via video conferencing on March 28.
On March 3, the Delhi government assured the Court that a decision on remission would be taken within two weeks. However, during Monday’s hearing, Additional Solicitor General Archana Pathak Dave, representing the Delhi government, sought more time, stating that the SRB was meeting later in the day.
Justice Oka, expressing frustration over repeated delays, remarked, “The Delhi government does not make decisions without an extension of time. We have seen it in every case. Earlier, the excuse was that the Chief Minister was unavailable.”
The Court also questioned whether there was an unwritten rule in the Delhi government to ignore Supreme Court orders. “Unless there is a threat of contempt, you will never decide a case,” Justice Oka stated.
Pehalwan, convicted in the Nitish Katara murder case, was sentenced to 20 years of actual imprisonment without remission. His sentence is set to end on March 10, 2025. The Supreme Court had previously asked how the government planned to keep him in jail beyond his sentence.
The Delhi government referred to a High Court direction requiring the victim’s mother, Neelam Katara, to be heard in the remission proceedings. However, the Supreme Court insisted that the process should have started long ago.
In 2016, the Supreme Court sentenced Vikas Yadav and his cousin Vishal Yadav to 25 years in prison without remission for their role in Katara’s murder.
Co-convict Sukhdev Yadav, alias Pehalwan, received a 20-year sentence. The three were convicted of kidnapping Katara from a wedding on the night of February 16-17, 2002, and murdering him due to his alleged relationship with Bharti Yadav, daughter of Uttar Pradesh politician D.P. Yadav. UNI SNG SSP