Supreme Court Issues Contempt Notice to Delhi Government for Delay in Remission Case of Sukhdev Singh

In a stern move, 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. This comes despite the Delhi Government providing an undertaking to the court to decide the matter within a specified time frame.

Contempt Notice for Non-Compliance

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan expressed their displeasure over the delay and issued a contempt notice against the Principal Secretary of the Delhi Government, directing him to show cause as to why action under the Contempt of Courts Act, 1971 should not be initiated. The notice was made returnable on March 28, 2025, and the court has instructed the Principal Secretary to remain present via video conferencing.

Justice Oka remarked that the Delhi Government regularly delays such matters, emphasizing that the government does not comply with court orders unless threatened with contempt. He pointed out, “We have seen that without extension of time, this government will never comply with the orders of this court regarding remission,” and criticized the government for not even seeking an extension of time for the decision.

Government's Failure to Fulfill Assurance

On March 3, 2025, the Supreme Court had accepted the Delhi Government's solemn assurance that the remission case of Sukhdev Singh would be decided within two weeks. However, when the matter was called on March 17, 2025, the Delhi Government informed the court that the Sentence Review Board (SRB) was set to meet on the same day to consider the case, but no decision had yet been made. Justice Oka expressed frustration over the lack of action and said, “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 has not considered it.”

Court Criticizes Repeated Delays

Justice Oka also criticized the repeated delays by the Delhi Government in deciding such cases, stating that it appears the government only complies with the court's orders when faced with the threat of contempt proceedings. “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 said.

The bench also noted that this was not the first instance of delay by the Delhi Government, with similar issues in multiple cases. Justice Oka remarked, “We can find at least two dozen orders having similar issues,” reflecting ongoing frustration with the consistent failure to comply with the court's directions.

Government’s Response

The counsel for the Delhi Government assured the court that the case is being considered and that a final decision would be taken soon. However, Justice Oka remained unconvinced, stating that the government's failure to comply with the court’s orders without the threat of contempt action speaks volumes about its approach to such cases. "This is your own statement. We never compelled you to make this statement," Justice Oka remarked.

Background of the Case

The case pertains to Sukhdev Singh, who is convicted in the high-profile Nitish Katara murder case. In previous hearings, the Supreme Court had recorded the assurance of the Additional Solicitor General representing the Delhi Government that the remission petition would be decided within two weeks. However, despite this assurance, the Sentence Review Board had yet to make a decision, prompting the Supreme Court to issue a contempt notice.

Previous Contempt Case

This is not the first time the Delhi Government has faced contempt proceedings over delays in granting remission. In another case involving remission, the Court had earlier issued a contempt notice to the Delhi Home Secretary for similar non-compliance.

Case Title: Sukhdev Yadav @ Pehalwan v. State of (NCT of Delhi)