The Supreme Court on Wednesday strongly criticised a murder convict, Vinod @ Ganja, for filing a fresh application seeking a further three-week extension to surrender before jail authorities, despite an earlier rejection by a coordinate bench.
A Vacation Bench comprising Justice Ahsanuddin Amanullah and Justice SVN Bhatti expressed sharp disapproval over the petitioner’s repeated attempts to delay surrender, especially during the court’s vacation period.
“How dare you file this… the coordinate bench headed by Justice Abhay Oka had already rejected it, and you still have the guts to file it during vacation,” the Bench remarked, noting that the earlier application had been turned down on May 14.
Senior Advocate Rishi Malhotra, appearing for the petitioner, argued that the convict was merely requesting three more weeks to surrender until the Delhi High Court decides his pending plea for premature release on July 10. However, the Court pointed out that the matter had already been adjudicated, and any further delay was unwarranted.
When the Bench appeared unpersuaded, Malhotra stated that the petitioner would surrender immediately.
The Court, in its order, directed the convict to surrender on the same day and expressed its strong disapproval of the repeated plea. “Filing of present case is absolutely uncalled for, unwarranted and needs to be dealt with strictly. Accordingly, it is directed petitioner should surrender today itself and the Court will consider what other order needs to be passed in facts and circumstances of the case,” it stated.
Advocate-on-Record Sweta Rani sought to withdraw the petition, saying, “I am AOR in the matter, I am extremely sorry. I may be allowed to withdraw this petition. My humble request.” However, the Court rejected the plea with a terse, “Not permitted. Rejected.”
Background of the Case
The petitioner was convicted in a murder case registered as FIR No. 40/1992 at Police Station Mukherjee Nagar, Delhi, under Sections 302, 307, and 34 of the Indian Penal Code, and Sections 27, 30, and 54 of the Arms Act. He has completed more than 14 years of actual sentence and over 16 years with remission.
On April 28, jail authorities had granted him furlough. Thereafter, he moved the Delhi High Court seeking premature release under the State’s remission policy. The High Court issued notice on May 5 but declined to stay his surrender scheduled for May 20.
Subsequently, he approached the Supreme Court, which declined to interfere with the High Court’s order but granted him three weeks to surrender. Before that period expired, the petitioner filed another application on May 27 seeking further extension, which led to the current hearing and stern rebuke from the Vacation Bench.
