The Delhi High Court on Friday sought an explanation from Vikas Yadav, sentenced to life term for killing former IAS officer's son Nitish Katara, as to why the Delhi government should not be made a party in his appeal in the murder case.
Vikas in his appeal, filed before the Delhi High Court, made the state government of Uttar Pradesh the respondent.
In his plea, Vikas claimed that the incident had taken place in Ghaziabad and throughout the trial the public prosecutor was specially appointed by the UP government, therefore, the NCT government may not be a necessary party in the appeal.
Declining to issue a notice to the State of UP at this stage, a Division Bench of Justice Anil Kumar and Justice V K Shalli directed counsel Sumeet Verma, appearing for Vikas, to file an affidavit giving detailed reasons and also asked him to annex the orders, if any, from the Supreme Court on the matter.
"Explain why can't the government of NCT be a necessary party? Without any document you want us to adjudicate the matter at this stage," the Bench said and asked Verma to place on record all the orders as well as copies of the Special Leave Petition (SLP), before the apex court, by the next date of hearing.
Last week, the Supreme Court has rejected Vikas's plea to shift the matter to Allahabad High Court.
Besides filing an appeal, Vikas also moved an application for suspension of his sentence and another seeking permission to examine the additional evidence to establish that key witness Ajay Katara, on whose statement the trial court based its conviction decision, was not a reliable witness in the case as he was an interested witness.
In his appeal, Vikas stated that the crime-related articles, including the wrist watch and the recovered murder weapon, were planted by the prosecution.
Meanwhile a separate appeal filed by Vishal Yadav, co-convict in the case, which is coming up for hearing on November 17 before the High Court. Appeals of both Vikas and his cousin Vishal are likely to be taken up together for hearing on that day.
In June this year, Vikas, son of Uttar Pradesh politician D P Yadav, and Vishal were sentenced to life imprisonment for killing Katara, an MBA graduate, as they were against their sister Bharti's intimacy with him.
The duo had kidnapped Katara on February 16, 2002 night from a marriage party in Ghaziabad and killed him.