The Supreme Court of India has issued a contempt notice to the Principal Secretary of the Home Department, Delhi Government, for failing to take a decision on granting remission to Sukhdev Singh, a convict in the Nitish Katara murder case. The notice comes after the government failed to act despite giving an official undertaking to the court.
In its strongly worded order, the Supreme Court observed:
“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 grant of extension of time.”
Given this, the court issued a contempt notice to the Principal Secretary, requiring him to explain why action should not be taken against him under the Contempt of Courts Act, 1971. The notice is returnable on March 28, 2025, and the Secretary has been directed to be present via video conferencing.
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A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan criticized the Delhi Government for its repeated delays in remission cases. Justice Oka remarked:
“We have seen that without extension of time, this government will never comply with the orders of this court regarding remission. We are seeing it in every case. Earlier there was an excuse that the Chief Minister is not available.”
The Supreme Court had earlier recorded the assurance of the Additional Solicitor General appearing for the State that the petitioner’s remission plea would be decided within two weeks. The court had accepted this assurance and directed that the case be listed for hearing on March 17, 2025. However, when the case came up, the Delhi Government’s counsel informed the court that the Sentence Review Board (SRB) was only meeting on that day to decide the matter.
Justice Oka took issue with the government’s failure to seek an extension:
“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.”
The Delhi Government’s counsel argued that the High Court had directed them to hear the complainant before granting remission. She stated that notices had been sent to the complainants, and they had submitted representations expressing concerns over their safety.
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However, Justice Oka pointed out that the Supreme Court never mandated the government to commit to a specific timeline:
“Day in and day out, this is happening. We did not ask you to make an undertaking.”
The court also questioned the bureaucratic process involved in making a decision, noting that after the SRB meeting, the case would go to the Chief Minister and then to the Governor, causing further delays.
“Then it will go to the Chief Minister, then to the Governor. Please tell us who is in charge of this department. We will issue a contempt notice.”
Justice Oka further remarked that such delays have become a pattern in the Delhi Government:
“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.”
The contempt notice was issued after the bench observed a repeated failure to comply with court orders. Justice Oka noted:
“We can find at least two dozen orders having similar issues.”
Although the Delhi Government assured the court that the case was under consideration, Justice Oka remained unconvinced, stating:
“This is your own statement. We never compelled you to make this statement. We believe that unless contempt notice is issued, our orders are not followed.”
Case Details:
- Case No.: SLP(Crl) No. 17915/2024, Diary No. 58673/2024
- Case Title: Sukhdev Yadav @ Pehalwan v. State of (NCT of Delhi)
