Nitish Katara murder case: SC asks Delhi Govt to decide on remission to convict
The Supreme Court on Monday asked the Delhi Government to take a call in two weeks on the remission plea of Sukhdev Yadav, alias Pehalwan, who is serving a 20-year jail term without remission in the 2002 Nitish Katara murder case.
“After all, the issue pertains to liberty of a person,” a Bench of Justice Abhay S Oka said as it sought to know how the convict, whose 20-year jail term was scheduled to end on March 10, 2025, would continue to remain in prison.
“You should have started the process of granting the remission a long time back. How can he be kept in jail after the period of sentence is over?” Justice Oka wondered.
“The case of the petitioner shall be considered in two weeks. We accept the assurance and direct that the case be listed for hearing on March 27,” the Bench said after listening to the submissions of Solicitor General Tushar Mehta.
On February 24, it had questioned the Delhi Government’s submission that it would not release Pehalwan even after the completion of his actual 20-year jail term in the case.
“Life imprisonment which shall be 20 years of actual imprisonment without consideration of remission, and fine of Rs 10,000,” read the High Court judgment.
The Delhi Government maintained that even after the completion of 20 years of actual imprisonment, it wouldn’t be releasing the convict.
The top court had ordered the Delhi Home Secretary to file an affidavit clearly stating if after completing 20 years of actual sentence, Pehalwan should be released or not. It had asked the Delhi Government counsel to spell out if the state was reading court verdicts this way.
Pehalwan has challenged a November 2024 order of the Delhi High Court, which dismissed his petition for releasing him on furlough for three weeks.
On October 3, 2016, the Supreme Court awarded a 25-year jail term without the benefit of remission to Vikas Yadav and his cousin Vishal for their role in the sensational kidnapping and killing of Katara. Co-convict Sukhdev Yadav, alias Pehalwan, was given a 20-year jail term in the case.
They were convicted and sentenced for kidnapping Katara from a marriage party on the intervening night of February 16-17, 2002, and then killing him for his alleged affair with Vikas’ sister Bharti -- daughter of Uttar Pradesh politician DP Yadav. Katara was murdered as Vishal and Vikas Yadav did not approve of his affair with Bharti as they were from different castes, the trial court said.
