Delhi HC summons Home Secy in contempt plea over convict's remission

Delhi High Court summons Home Secretary for contempt due to non-compliance with a May 2025 order. The court had directed authorities to reconsider the cancellation of remission for life convict Sonu Sonkar within four weeks, which was not done.

The Delhi High Court has directed the Secretary of the Delhi Government’s Home Department to appear in person in a contempt petition alleging non-compliance with an order passed in May 2025. The matter concerns a direction to reconsider the cancellation of remission granted to life convict , following his arrest in an attempt to murder case. Sonkar had approached the High Court after his remission was cancelled.

Home Secretary Summoned for Contempt

Justice Neena Bansal Krishna issued the direction after hearing the submissions and noting that a contempt petition has been filed alleging non-compliance with the Court’s order, which required the authorities to act within four weeks. Justice Krishna noted that, according to the petitioner, the directions issued by the Court on May 20, 2025, in a criminal writ petition filed in 2023, had not been complied with. “As per the said Order, the directions were given to the respondent authorities to pass a reasoned Order, after due consideration of the Petitioner’s response within a period of 4 weeks from today. Even though the contempt has been filed, there is no Compliance Affidavit filed on behalf of the Respondents,” Justice Krishna observed in the order passed on October 14.

The Court also noted that counsel appearing for the Government of the National Capital Territory of Delhi (GNCTD) was stated to be occupied in another court. The record showed that no compliance affidavit had been filed to date. “The Secretary, Home (GNCTD), is directed to appear in person,” Justice Neena Bansal Krishna ordered.

The Court was hearing a contempt petition filed on behalf of Sonu Sonkar. Advocates Arpit Batra, Shaswat Mishra and Abhilasha Chhalia appeared for the petitioner.

High Court's Original Directive on Remission

In its order dated May 20, 2025, the Delhi High Court had directed the Delhi Government to reconsider the cancellation of remission granted to Sonkar and afford him an opportunity of being heard. “The liberty of a person cannot be curtailed through administrative fiat without affording procedural safeguards. Since the cancellation of remission results in the convict’s re-committal to custody, the consequence is serious enough to require strict adherence to natural justice,” the High Court had observed.

Justice Sanjeev Narula, while directing reconsideration of the matter, had asked the authorities to issue a show-cause notice to the convict and provide him with an opportunity to respond before passing a fresh order. Sonkar had approached the High Court challenging the cancellation of his remission on the ground that he had not been given an opportunity to be heard before the decision was taken.

The High Court had noted that the Supreme Court had categorically held that any decision to revoke remission must comply with due process. This includes issuing a show-cause notice setting out the grounds for cancellation and giving the convict an opportunity to respond and be heard. “The record does not reflect that such an opportunity was extended to the Petitioner before the cancellation of remission,” the High Court had observed in its order dated May 20, 2025.

“While the order was passed in accordance with the Delhi Prison (DP) Rules, 2018, which at the relevant time did not mandate a prior show-cause notice to be issued, the binding precedent of the Supreme Court now requires that such safeguard be read into the process,” Justice Narula had noted. The High Court had accordingly directed the authorities to reconsider the cancellation of remission through a procedurally compliant and time-bound exercise.

Convict's Release and Subsequent Arrest

After completing 15 years of incarceration, Sonkar had applied for premature release, citing his sustained good conduct in custody. The Sentence Review Board (SRB), after considering his case, recommended his premature release. The recommendation was subsequently accepted by the competent authority.

On September 9, 2019, Sonkar was released from custody after furnishing a personal bond. However, while on remission, he was named in a 2021 FIR registered at Subzi Mandi Police Station under Sections 307 and 34 of the Indian Penal Code (IPC), as well as Sections 25, 54 and 59 of the Arms Act, 1959.

He was arrested and remanded to judicial custody on November 30, 2021, and lodged in Central Jail, Tihar. (ANI)

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