SC summons Delhi Home Secy over alleged false claim
The Supreme Court has summoned the Home Department Secretary of the Delhi Government asking him to explain 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 L-G.
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 Sentence Review Board could not reach a decision in its December 10, 2024 meeting.
Noting that the affidavit did not say the decision of the Sentence Review Board was placed before the L-G, the Bench said: “Therefore, the statement made by the State Government, which is recorded in order dated February 7, 2025, is completely false.”
Issuing a contempt notice to the Secretary, Home Department of the NCT Government, the Bench on March 7 directed him to appear before it through videoconference 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 L-G 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.
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