The Supreme Court on Monday issued a contempt of court notice to Delhi government’s Principal Secretary, Home Department, for not deciding the remission plea of Sukhdev Yadav alias Pehalwan, a convict in 2002 Nitish Katara murder case.

Asking the Principal Secretary to explain why contempt proceedings should not be initiated against him, a  bench of Justice Abhay S Oka and Justice Ujjal Bhuyan directed him to appear before it through video-conferencing on March 28 – the next date of hearing.

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The bench issued contempt notice to the Principal Secretary for failing to take a decision on the remission plea of Sukhdev Yadav, despite giving an undertaking to the court.

Noting the assurance that the Delhi government had earlier given on deciding the remission of sentence plea of Sukhdev Yadav within two weeks, Justice Oka expressing displeasure   over the delay in taking the decision and that the government did not even care to apply for an extension, said, “You do not even have the courtesy to apply for an extension of time (before the bench). You make a solemn statement that you will decide within two weeks, and your Sentence Review Board SRB has not considered it.”

 The top court during the hearing remarked that unless there is a threat of contempt, the government fails to comply with its orders.

“We have seen that without extension of time, this government will never comply with the orders of this court regarding remission. We are seeing it in every case. Earlier there was an excuse that the Chief Minister is not available,” said Justice Oka.

Sukhdev Yadav sought remission after serving a 20-year jail term without remission in the case.

The top court in its order stated, “A solemn statement on instructions of the state government was recorded in the order. Now we are informed that the Sentence Review Board (SRB) is to consider the case of the petitioner today. The state government has not shown elementary courtesy of even making an explanation application for grant of extension of time.”

“We therefore issue notice to the Principal Secretary of the Home Department of Delhi government calling upon him to show cause why action under the Contempt of Courts Act, 1971 should not be initiated against him. Notice of contempt is made returnable on March 28. We direct the Secretary to remain present through VC,” order added.

The advocate appearing for Delhi government informed the bench that the Sentence Review Board will have a meeting today to decide the case.

On March 3, 2025, the top court had recorded the assurance of the state that Yadav’s remission case would be considered and decided within two weeks. The court had then accepted the assurance.

The top court in its verdict delivered on February 6, 2015, sentenced Yadav to “life imprisonment which shall be 20 years of actual imprisonment without consideration of remission”.

Sukhdev Yadav, Vikas Yadav and his cousin Vishal were convicted and sentenced for their role in the kidnapping and killing of Katara.

They kidnapped Katara from a marriage party on the intervening night of February 16-17, 2002, and then killed him for his alleged affair with Vikas Yadav’s sister Bharti Yadav.

Bharti was the daughter of Uttar Pradesh politician DP Yadav.