New Delhi: Delhi High Court has directed the secretary of Delhi govt’s home department to appear before it and explain the failure to comply with its earlier order on the remission plea of a life convict.Justice Neena Bansal Krishna issued the direction while hearing a contempt petition filed by convict Sonu Sonkar, noting that despite the court granting four weeks last year to pass a fresh order, the authorities had not filed any compliance affidavit.“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,” the court observed.The high court also took note of the absence of govt’s counsel, observing that there was no assistance from the respondents in dealing with the petition.Last year, the court had directed Delhi govt to reconsider the cancellation of remission granted to Sonkar and provide him an opportunity to be heard before taking a fresh decision.The court had underlined that a person’s liberty could not be curtailed through an administrative decision without procedural safeguards and observed that cancellation of remission, which results in a convict being sent back to prison, requires strict adherence to the principles of natural justice.The authorities were also directed to issue a show-cause notice to Sonkar and consider his response before passing a fresh order.Sonkar had challenged the cancellation of his remission, arguing that he was neither issued a show-cause notice nor given an opportunity to be heard before the decision was taken.“The record does not reflect that such an opportunity was extended to the petitioner before the cancellation of remission,” the court had observed.Sonkar, who had served 15 years in custody, was granted premature release in 2019 following a recommendation of Sentence Review Board. However, after he was named in a 2021 attempt-to-murder case and arrested, his remission was revoked and he was sent back to Tihar Jail.
