SC Slams Govt For Holding Convict Beyond 20-Yr Term

The Supreme Court on Tuesday raised concerns over the continued custody of Sukhdev Pehelwan, a convict in the 2002 Nitish Katara murder case, who has already served 20 years of his life sentence.

- Abraham Thomas

NEW DELHI:

The bench, headed by Justice Abhay S Oka, allowed Sukhdev to file an amended plea seeking his release, noting that his fixed term of 20 years had been completed.

The court took issue with a technical objection raised by the Delhi government.

The state had argued that Sukhdev's petition should only be considered for release on furlough, not for the release based on the ground that he has completed his fixed term sentence of 20 years.

Justice Oka objected to such an approach by the state. The bench, also comprising Justice Ujjal Bhuyan, said, "We are dealing with liberty of an individual... This objection implies we are hearing something that is not raised before us."

Posting the matter for May 7, the court said, "If we find that he is kept in detention beyond what is permissible, each day will be counted as illegal detention, and it cannot have the imprimatur of this court."