Remission plea: SC takes exception on suppression of facts

New Delhi [India], November 30 : The Supreme Court has taken strong exception to suppression of facts by one of the woman petitioners seeking remission and asked her to explain her conduct.
A bench of justices Abhay S Oka and AG Masih observed that petitioner woman has not brought notice to the top court about an order of Delhi High Court on his plea.
One of the convicts while seeking remission and had suppressed facts to the top court that she had approached the Delhi High Court for similar relief but didn't disclose it to the top court.
Additional Solicitor General Rajkumar Bhaskar Thakare, had shown the top court the two orders passed by the High Court of Delhi on the woman plea for same relief.
ASG Thakare told the top court that Delhi HC by its first order dated 16th October, 2024 granted time of two weeks to the petitioner to surrender with liberty to the petitioner to apply for parole. As the top court was not aware of the Delhi HC order, it granted extension of time to petitioner to surrender and with the help of the apex court order dated 21st October, the petitioner got extension from the Delhi HC.
"Order dated 16th October, 2024 passed by the Delhi High Court was not brought to our notice when we issued notice on 21st October, 2024 and granted extension of time to the petitioner to surrender," the top court said.
"On 16th October, 2024, the Delhi High Court without granting any interim relief had granted time of two weeks to the petitioner to surrender. If the order dated 16th October, 2024 would have been brought to notice of this Court on 21st October, 2024, the order passed by this Court would not have been passed. There is something further to it," the top court said. "Thereafter, the High Court extended the time granted to the petitioner till 8th November, 2024. After 21st October, 2024, the petition is listed today. Even today, the petitioner has not pointed out to this Court the fact that a writ petition for same relief was filed in the Delhi High Court in which the aforesaid two orders were passed," the top court said.
"The orders are placed on record by ASG. Prima facie, it appears to us that a stringent action will have to be taken against the petitioner for suppression of facts including the action under the Contempt of Courts Act, 1971. We, therefore, issue notice to the petitioner calling upon the petitioner to explain her conduct."
"The notice is made returnable on December 16
, 2024. We direct the Delhi State Legal Services Authority to appoint an Advocate to espouse the cause of the petitioner. The Advocate so appointed shall be permitted to meet the petitioner in prison. The Advocate will explain to the petitioner the position in which she has landed. The Advocate appointed shall file an affidavit of the petitioner before this Court explaining her conduct. She must disclose on whose advice she filed two proceedings.
If the petitioner does not surrender by tomorrow i.e. November 30, 2024, we direct the State Police to immediately take her into custody," the top court said.