Supreme Court Issues Contempt Notice To Delhi Home Secretary Over False Statement On Placing SRB Recommendations Before LG
The Supreme Court recently summoned the Home Department Secretary of the Delhi Government seeking an explanation and calling upon him to show cause why contempt action should not be initiated for the State Government's “completely false” claim that the recommendations of the Sentence Review Board(SRB) in a remission matter were placed before the Lieutenant Governor.A bench or Abhay Oka...
A bench or Abhay Oka and Justice Ujjal Bhuyan took on record an affidavit filed by Prem Singh Meena, Superintendent Prison, PHQ-II, Prison Headquarters, Tihar which revealed that the Sentence Review Board, in its meeting held on 10th December, 2024, could not arrive at a decision.
“The affidavit does not say that the decision of the Sentence Review Board was placed before the Hon'ble Lieutenant Governor. Therefore, the statement made by the State Government which is recorded in order dated 7th February, 2025 is completely false. Issue notice to the Secretary of the Home Department of the Government of NCT of Delhi calling upon him to show cause why appropriate action including the action under the Contempt of Courts Act, 1971 shall not be initiated against him”, the Court observed.
On 7th February, 2025, the State had submitted that the recommendations of the Sentence Review Board were placed before the Lieutenant Governor on 2nd February, 2025. The Court had then directed that the decision be communicated to the petitioner before the next hearing on 28th February, 2025.
In an earlier order dated 25th November, 2024, the Court had noted that the petitioner's case was placed before the Sentence Review Board in September 2024, but consideration was deferred. The Court questioned the deferral and directed that the case be reconsidered and an appropriate decision be taken before the next hearing scheduled for 9th December, 2024.
In the latest order, the Court also observed that the Sentence Review Board should have made a decision by majority and that a mere difference of opinion among its members could not justify deferring the recommendation. The Court directed the Secretary to explain this aspect as well.
“In our prima facie view, the Sentence Review Board ought to have taken a decision by majority and only because there is difference of opinion amongst the members, the recommendation cannot be deferred. Even this aspect needs to be explained by the Secretary of the Home Department.”
The notice is returnable on 28th March, 2025, when the Secretary is to appear through video conference.
Case no. – Writ Petition (Criminal) Diary No. 48045/2024
Case Title – Mohd. Arif v. State (Govt. of NCT of Delhi)