The Delhi High Court on Thursday, 21 December, ordered the immediate release of 1995 "Tandoor" murder case convict Sushil Kumar Sharma, reported ANI.
Justice Siddharth Mridul, while hearing Sharma's plea, on Wednesday, had observed:
“Human life and personal liberty both should have value.”
The bench comprising of Justice Siddharth Mridul and Justice Sangita Dhingra Sehgal was hearing a habeas corpus plea filed by Sharma, reported Hindustan Times.
According to the Hindustan Times report, senior counsel N Hariharan, appearing for Sharma, had said that his client was in love with the deceased, Naina Sahani; that Sharma had no criminal antecedents and that he was soon to turn 60 years old. Hariharan also pointed out that Sharma's conduct in the Tihar jail had been satisfactory.
According to NDTV, on Tuesday, the two judges bench expressed concern over Sushil Kumar Sharma's human rights and said:
“He is incarcerated for over 25 years including remission. A murder itself is brutal. He has already served the sentence. Does it not infringe upon his human rights, which are inalienable rights? The Sentence Review Board (SRB) cannot say no, no this murder was brutal, so we will not release him.”
In 1995, Sushil Sharma, a former Youth Congress leader, had accused his wife Naina Sahani of having an affair and allegedly, hence, had shot her dead. He had then allegedly tried to burn her body in a restaurant oven. DNA evidence and a second autopsy were used to establish Sharma's guild.
During the plea hearing, Sharma argued that even the Supreme Court, had held that he was not a confirmed criminal, and also stated that there was no evidence to indicate that he was likely to commit any such crimes in future, reported NDTV.
(With inputs from ANI, Hindustan Times and NDTV.)
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