Delhi HC reserves verdict on Yadav’s plea for furlough in Nitish Katara murder case

Delhi Police had submitted before a bench of that Yadav was not eligible for furlough under Delhi Prison Rules 2018, emphasising that there is ample material on record to justify his non release.

The Delhi High Court on Monday reserved its verdict on a plea filed by Vikas Yadav, convicted in the Nitish Katara murder case, seeking three weeks’ furlough to spend time with his wife after his recent marriage and to “maintain social ties”, despite opposition from the Delhi Police and Nitish Katara’s mother, Neelam Katara.

Yadav was also accused of attempting to influence judges, falsifying documents and misusing judicial processes while in custody.

Delhi Police, represented by special prosecutor Rajesh Mahajan and advocate Jyoti Babbar, and Neelam Katara, represented by advocate Vrinda Bhandari, had earlier submitted before a bench of justice Ravinder Dudeja that Yadav was not eligible for furlough under Delhi Prison Rules (DPR) 2018, emphasising that there is ample material on record to justify his non release.

Mahajan argued that although DPR requires a prisoner to have earned three annual good conduct remissions, however, Yadav’s sentence of 25 years “without remission” makes him ineligible.

Bhandari contended that DPR also requires demonstrable “good conduct” and an unblemished record, which Yadav lacked. She alleged that his conduct included misuse of judicial processes, and the police disqualified him from furlough.

She also accused Yadav of attempting to influence judges, falsifying documents, violating bail conditions, and misusing judicial processes while in custody. Bhandari also alleged that he had made over 100 unauthorised hospital visits in collusion with authorities.

Arguing for Yadav, senior advocate Vikas Pahwa contended the rejection was arbitrary. He noted Yadav had been previously granted interim bail by the Supreme Court for over four months due to his mother’s illness and later for his marriage, and has been in continuous custody for 23 years without ever receiving furlough.

He also contended that Yadav meets the eligibility criteria under Rule 1223 of DPR, which permits furlough for prisoners demonstrating good conduct.

Yadav had also filed a separate petition seeking release from jail, which is set to be heard on December 9.

Katara was abducted from a marriage party on the intervening night of February 16 and 17, 2002, and then killed over his alleged relationship with Vikas’s sister, Bharti Yadav.

A trial court in May 2008 found former Uttar Pradesh politician DP Yadav’s son Vikas, Vishal Yadav and their aide, contract killer Sukhdev Pehelwan, guilty of kidnapping and burning Katara to death and awarded them life sentences. In February 2015, the high court, while upholding the life imprisonment awarded to Vikas and Vishal, specified a 30-year sentence without any remission and awarded a 25-year jail term without remission to Sukhdev. The Supreme Court in July 2016 modified Vikas and Vishal’s sentence to 25 years and Sukhdev’s sentence to a 20-year jail term, both without remission.

On July 29, the Supreme Court directed Sukhdev’s release, but dismissed Vikas’s petition against the condition directing him to remain in jail for 25 years without remission and granted him the liberty to approach the Delhi High Court. The Supreme Court in August 2017 had rejected Yadav’s plea seeking review of the 2016 order.