Justice Vipin Sanghi made it clear that if the Delhi government does not file its counter affidavit stating the reason for rejecting Sharma's plea for premature release, then its Deputy Secretary, Home Department would have to be present in court on the next date of hearing.
With this direction, the court listed the matter for further hearing on September 20.
Despite the decision taken by the Sentence Reviewing Board (SRB) headed by the Delhi Home Minister, premature release is subject to approval of the LG.
In his plea filed through advocate Sumeet Verma, Sharma has alleged that without any communication from the competent authority (the LG) about finality of the decision, he was forced to return to jail on April 12.
The government's home department had informed them on May 2 about the LG's decision which was not on record, Verma had told the court earlier.
Sharma in his application has contended that he has remained in jail for over 25 years, which is maximum as per SRB guidelines and hence should be released from jail.
Sharma was convicted for the sensational murder of his wife Naina Sahni. He had shot her with his licensed revolver on July 2, 1995, took her body to a restaurant, chopped it into pieces and tried to burn them in the oven (Tandoor). The case then came to be known as 'Tandoor murder case'.
While reducing the sentence, the apex court had said "life sentence is for the whole of remaining life of Sharma subject to remission granted by the appropriate government under Code of Criminal Procedure.
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