SC summons Delhi Home Secretary over alleged false claim

The Supreme Court has summoned Delhi Government Home Department Secretary, seeking an explanation as to why contempt of court action should not be initiated against him for the NCT Government's “completely false” claim that the Sentence Review Board’s recommendations in a remission matter were placed before the Lt Governor.

A Bench led by Justice Abhay S Oka issued the order after an affidavit filed by Prem Singh Meena, superintendent prison, PHQ-II, Prison Headquarters at Tihar, revealed that the board could not reach a decision in its December 10, 2024, meeting.

Noting that the affidavit did not say that the decision of the board was placed before the Lt Governor, the Bench said, “Therefore, the statement made by the state government — which is recorded in order dated February 7 — is completely false.”

Issuing contempt notice to the Secretary, the Bench on March 7 directed him to appear before it through video conference on March 28, the next date of hearing.

“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,” it said, while dealing with a petition filed by one Arif.

Earlier, the NCT Government had on February 7 told the top court that the board’s recommendations had been placed before the Lt Governor on February 2. The Bench had directed that the decision be communicated to Arif before February 28.

Earlier, the top court had taken exception to deferment of decision on the petitioner’s plea and directed that the case be reconsidered and an appropriate decision be taken before December 9, 2024.

The Sentence Review Board should have made a decision by majority and that a mere difference of opinion among members could not justify deferring the recommendation, it noted.