‘Acts only when contempt action is taken’: SC raps Delhi govt for delaying decision on convict’s remission in Nitish Katara case

Supreme Court issues notice for contempt against Delhi's home secretary, asks him to appear virtually for next hearing

Supreme Court of India Supreme Court of India

The Supreme Court on Monday came down heavily on the Delhi government and issued notice to the state’s home secretary for inordinate delay in deciding the remission of the convict in the  Nitish Katara case. The top court rapped the Delhi government for not even explaining why it required an extension of time in the matter.

Hearing a remission plea by Sukhdev Yadav alias Pehalwan, the convict in the Nitish Katara murder case, the Supreme Court observed that the Delhi government never complies with the orders of the Supreme Court regarding remission without extension. A bench comprising Justices Abhay Oka and Ujjal Bhuyan observed, “You don't even have the show the courtesy to apply for an extension of time. You make a solemn statement that you will decide within two weeks and your Sentence Review Board (SRB) has not considered it,” Live Law reported.

The Supreme Court, hearing the matter earlier this month, directed the Delhi government to decide on the matter within two weeks. 

Lashing out at the Delhi government, the bench said, “Is there a rule with the Delhi government that whenever the Supreme Court passes an order to decide a case it will not be decided within the time?” the publication reported.  Delhi government’s counsel argued that complainants in the case had to be heard before granting remission and they have written to SRB that they are facing threats from the convict. The counsel added the SRB is meeting at 3.30pm on Monday and a decision will be taken.

Issuing a contempt notice against Delhi’s home secretary, the bench said in its order, “The state government has not shown elementary courtesy of even making an explanation application for grant of extension of time. We therefore issue notice to the Principal Secretary of the Home Department of Delhi government calling upon him to showcase why action under the Contempt of Courts Act, 1971 should not be initiated against him.” The Court asked the secretary to respond to the notice by March 28 and appear virtually during the next hearing.

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