In a significant observation highlighting the sanctity of individual liberty, the Supreme Court on Tuesday questioned the Delhi government’s stance on the prolonged detention of Sukhdev Yadav alias Pehalwan, a convict in the 2002 Nitish Katara murder case. Despite completing a 20-year sentence without remission, the authorities argued against his automatic release.
Justices Abhay S Oka and Ujjal Bhuyan expressed surprise at the submission made by Additional Solicitor General Archana Pathak Dave, who represented the Delhi government. The bench underscored the essence of liberty, stating, “We are dealing with the liberty of an individual. If he has been kept in detention beyond what is legally permissible, that would constitute illegal detention.”
Senior advocate Siddharth Mridul, advocating for Yadav, pointed out that his client had served the full sentence by March 9, 2025, and challenged the Delhi government’s interpretation that barred his release. On the other hand, Dave argued that life imprisonment typically implies confinement for the remainder of one’s natural life and contested the plea for automatic release after 20 years.
The discussion took a turn when it was revealed that Yadav had not explicitly sought his release in the plea before the Supreme Court but had requested furlough—a temporary release granted to long-term inmates who have served a significant part of their sentence.
The bench also noted that during the half-hour submissions, a preliminary objection was raised by the ASG stating that the petitioner had not included a plea for release after completing the 20-year sentence in his Special Leave Petition (SLP). “This court cannot go into this question,” the objection added.
Despite this, the apex court’s previous orders were clear about considering the issue of release. The court allowed Yadav to amend his plea to clarify his request for release and postponed further hearings to May 7.
