Sukhdev Pehalwan, convicted in the 2002 Nitish Katara murder case, must be released from prison because he has finished his 20-year sentence, the Supreme Court said Tuesday morning.
The top court said a convict given a fixed-term life sentence – such as Pehalwan – must be released after completion of the prescribed period. The court also said there is no need for a remission order, as is required in cases of convicts sentenced to spend their full lives in prison.
The court also expressed concern over others who might still be in jail despite having completed their sentence, and directed that all those who had served their term be released immediately.
“If this attitude continues, every convict will die in jail…” a bench of Justice BV Nagarathna and Justice KV Vishwanathan said as they questioned the decision to keep Pehalwan in jail.
The court, in fact, had ordered the release of Sukhdev Pehalwan – real name Sukhdev Yadav – on July 29. But the Sentence Review Board then cited his conduct and blocked that release.
Pehalwan, who finished his 20-year term in March, then filed a petition in the Supreme Court, which gave him three months’ furlough, i.e., temporary release, till the matter was decided.
In its ruling, the court pulled up the Sentence Review Board for ignoring its order.
“What kind of behaviour is this…” the Supreme Court fumed.
Earlier, Additional Solicitor General Archana Pathak Dave, appearing for the Delhi government, argued Pehalwan could not be automatically release after 20 years.
A ‘life term’ means spending the rest of his natural life in jail, she reasoned.
But senior advocate Siddharth Mridul, appearing for Pehalwan, pointed out the prison term – per the sentencing order – finished March 9 and there could be no justification for not releasing him.
