‘Unless there is threat of contempt, you will never decide’: SC raps Delhi govt over plea in Nitish Katara murder case

“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? We will issue a notice of contempt to you. Unless there is a threat of contempt, you will never decide a case”, he asked and added, “We can find at least two dozen orders having similar issues.”

The bench, also comprising Justice Ujjal Bhuyan, asked the Principal Secretary to remain present through video conferencing when it hears the matter next on March 28.

The court was hearing the remission plea by convict Sukhdev Singh alias Pehalwan who was sentenced to 20 years in prison without remission.

The bench noted that when it heard the matter on March 3, the law officer appearing for the state had assured it that the matter would be considered and decided in two weeks.

This was recorded by the court and March 17 was fixed for the hearing.

On Monday, however, the court was told that the Sentence Review Board (SRB) will meet during the day to decide the prayer for remission.

The bench was of the view that the government should then have applied for an extension of time. “You don’t even have 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,” remarked Justice Oka.

The Delhi government counsel said a notice had been issued to the complainant as the High Court had laid down that the complainant must be heard before a remission plea is decided. He added that the complainant had made representations to the Board saying the convict posed a threat to their life.

Justice Oka, however, reminded that the undertaking to decide in the matter in two weeks was given by the state itself and not by the court’s compulsion. He added that after the decision by the Board, “it will go to the Chief Minister, then to the Governor.”

Justice Oka said, “Please tell us who is in charge of this department. We will issue a contempt notice.”

The court then said in its order, “A solemn statement on instructions of the state government was recorded in the order. Now we are informed that the SRB is to consider the case of the petitioner today. The state government has not shown elementary courtesy of even making an explanation application for a grant of extension of time.”

“We therefore issue notice to the Principal Secretary of the Home Department of the Delhi government calling upon him to show cause why action under the Contempt of Courts Act, 1971 should not be initiated against him. Notice of contempt is made returnable on March 28. We direct the Secretary to remain present through videoconferencing,” it added.