1995 'tandoor' murder case: Delhi HC orders release of Sushil Kumar Sharma; convict to walk free after 23 years

The Delhi High Court ordered 'forthwith' the release of former youth Congress leader Sushil Kumar Sharma, who was convicted in the 'tandoor' murder case.

Press Trust of India December 21, 2018 18:10:43 IST
1995 'tandoor' murder case: Delhi HC orders release of Sushil Kumar Sharma; convict to walk free after 23 years

New Delhi: The Delhi High Court on Friday ordered "forthwith" the release of former youth Congress leader Sushil Kumar Sharma, serving life term for the murder of his wife Naina Sahni in 1995.

Sharma has already undergone over two decades of incarceration in the case.

A bench of Justices Siddharth Mridul and Sangita Dhingra Sehgal passed the order.

1995 tandoor murder case Delhi HC orders release of Sushil Kumar Sharma convict to walk free after 23 years

File image of the Delhi High Court. PTI

Now 56, Sharma had shot dead his wife in 1995, objecting to her alleged relationship with a male friend. He had then chopped her body into pieces and attempted to burn it in a restaurant oven.

Known as the tandoor (oven) murder case, it is one of the landmark cases in India in which DNA evidence and a second autopsy were used to establish the guilt of the accused.

The high court set aside and quashed the recommendations of the sentence review board (SRB) which had rejected Sharma's representation for pre-mature release.

It also set aside the "non-speaking affirmation" of SRB's recommendations by the Lieutenant Governor, who is the competent authority.

"We accordingly direct that the state shall release Sushil Sharma forthwith," the bench said.

The court had earlier issued notice to the Delhi government and sought its stand on Sharma's plea seeking release from custody on the grounds that he has been jailed for over two decades, including the period of remission, and his continued incarceration was illegal.

Sharma, who is in prison since 1995, had contended that he has already undergone the maximum prescribed sentence as mandated under the SRB guidelines.

Advocate Amit Sahni, appearing for Sharma, had said that guidelines on premature release state that life convicts sentenced for a single offence are to be released after completion of 20 years of incarceration and those who had committed heinous crimes are to be granted the relief after 25 years.

Delhi government standing counsel (criminal) Rahul Mehra had said the LG, who is the competent authority to decide the pre-mature release of convicts, had accepted SRB recommendations not to release Sharma and all records were put before him.

In his petition, Sharma had said even though his case falls in the first category, he had also undergone 29 years of incarceration, with remission, and 23 years and six months, without remission.

Sharma had also contended that his conduct in prison and while out on parole has been "exemplary" and he has never misused his liberty.

Updated Date:

Find latest and upcoming tech gadgets online on Tech2 Gadgets. Get technology news, gadgets reviews & ratings. Popular gadgets including laptop, tablet and mobile specifications, features, prices, comparison.

also read

SC refuses to hear plea for interim bail for 1984 anti-Sikh riots convict Mahender Yadav who tested positive for COVID-19
India

SC refuses to hear plea for interim bail for 1984 anti-Sikh riots convict Mahender Yadav who tested positive for COVID-19

Besides Yadav, former Congress leader Sajjan Kumar and former Congress councillor Balwan Khokhar are serving life imprisonment in the case after the Delhi High Court had convicted them on 17 December, 2018.

Delhi Riots: 23-weeks pregnant Jamia student Safoora Zargar gets bail from HC on humanitarian ground
India

Delhi Riots: 23-weeks pregnant Jamia student Safoora Zargar gets bail from HC on humanitarian ground

The Delhi High Court Tuesday granted bail to Safoora Zargar, the pregnant Jamia university student who was arrested under anti-terror law UAPA in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act, as Solicitor General Tushar Mehta did not oppose the court's decision on humanitarian grounds.

Pregnancy not ground for bail, Delhi Police tells HC in response to Jamia student Safoora Zargar's petition
India

Pregnancy not ground for bail, Delhi Police tells HC in response to Jamia student Safoora Zargar's petition

The Delhi Police, in its status report opposing Zargar's bail plea, said a clear and cogent case has been made out against the accused woman and as such she is not entitled for bail for the grave and serious offences.