The Supreme Court has issued a contempt notice to the Principal Secretary of the Home Department of Delhi for failing to comply with its order regarding the release of Sukhdev Pehalwan, who was convicted in the Nitish Katara murder case.
The bench, consisting of Justices Abhay S Oka and Ujjwal Bhuiyan, criticized the Delhi government for routinely delaying cases like this and pointed out that the government had previously committed to making a decision within two weeks but failed to do so.
Government’s Delay In Consideration Of Release Request
The court emphasized that the case involved the fundamental issue of individual freedom.
Expressing dissatisfaction, the bench warned that it would escalate the matter to the Chief Minister and then to the Governor if the delay continued.
The court directed that the Principal Secretary of the Home Department appear via video conferencing at the next hearing scheduled for March 28.
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The lawyer representing the Delhi government requested a postponement of the hearing, citing a meeting scheduled to discuss the matter.
However, the court remained firm, noting that in the previous hearing, it had directed the government to take a decision within two weeks regarding Sukhdev Pehalwan’s release, as his 20-year sentence had ended on March 10.
Details Of The Case And Previous Court Orders
Nitish Katara’s murder took place on February 17, 2002. In 2016, the Supreme Court had reduced the sentences of Vikas Yadav and Vishal Yadav convicted for the murder to 24 years.
The court reduced Sukhdev Pehalwan’s sentence to 20 years. The Delhi High Court had originally sentenced Vikas and Vishal Yadav to a total of 30 years—25 years for Vikas and 5 years for Vishal.
The court sentenced Sukhdev Pehalwan to 20 years, plus an additional 5 years, bringing his total imprisonment to 25 years.
The Supreme Court had previously rejected the idea of awarding the death penalty to Vikas Yadav and Vishal Yadav, stating that the crime, though serious, did not qualify as heinous enough for such a sentence.
The Legal Implications For Sukhdev Pehalwan’s Release
During the hearing, the lawyer representing Sukhdev Pehalwan argued that his client had already served his 20-year sentence and should be released.
The Supreme Court acknowledged that the matter involved the individual’s right to freedom, reinforcing the importance of timely action in such cases.
The delay in addressing Sukhdev Pehalwan’s release has brought attention to the broader issue of case backlogs and delays in the judicial process, particularly in high-profile cases involving serious criminal convictions.
The Supreme Court’s contempt notice reinforces its commitment to ensuring prompt and effective compliance with its orders.
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