The Supreme Court on Monday issued a contempt notice to the principal secretary of the Delhi government’s home department for failing to decide on a remission plea by Sukhdev Yadav alias Pehalwan, a convict in the 2002 Nitish Katara murder case. The bench, led by Justices Abhay S Oka and Ujjal Bhuyan, expressed frustration over the non-compliance with its previous directives, emphasizing that such orders are seldom followed without issuing contempt notices.
During the hearing, the court highlighted that despite assurances, the Sentence Review Board (SRB) had yet to consider the convict’s plea, which was initially promised a decision within two weeks. “We have seen that the Delhi government does not make a decision without extension of time … We are seeing it in every case,” Justice Oka remarked, indicating a pattern of delay in judicial decisions by the state.
The apex court’s decision comes in response to a plea by the government for more time, citing a scheduled meeting of the SRB. However, the bench was critical of the government’s lack of action and elementary courtesy, such as applying for an extension of time when deadlines could not be met.
The contempt notice requires the principal secretary to appear via video-conferencing at the next hearing and explain why action should not be taken under the Contempt of Courts Act, 1971. This notice is set to be returnable by March 28.
The issue stems from the high-profile murder of Nitish Katara, who was kidnapped and killed in 2002 due to his relationship with Bharti Yadav, daughter of Uttar Pradesh politician D P Yadav. The murder was driven by caste prejudices, as Katara’s relationship with Yadav was disapproved of by her brothers, Vikas and Vishal Yadav, who were also convicted in the case.
Justice Oka lamented the delay, emphasizing the importance of timely justice in matters affecting a person’s liberty. “After all, the issue pertains to the liberty of a person,” he stated, questioning how the convict could remain imprisoned past the completion of his sentence without proper legal procedure.
