Delhi HC issues notice in Nitish Katara murder case

Delhi High Court hears Vikas Yadav's petition for release in Nitish Katara murder case, setting next hearing for September 2 amid opposition from Katara's mother.

The Delhi High Court on Friday issued notice in a petition filed by Nitish Katara murder case convict Vikas Yadav, seeking release from jail.

(HT Archive)

A bench of justice Ravinder Dudeja sought the Centre, Delhi government and Nitish’s mother Neelam’s response and fixed September 2 as the next date of hearing. The Centre was represented by standing counsel Ashish Dikshit.

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.

The 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 had awarded them life sentences.

The high court in February 2015, 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 without remission and Sukhdev’s sentence to a 20-year jail term without remission to Sukhdev. The Supreme Court in August 2017 had rejected Yadav’s plea seeking review of the 2016 order.

On July 29, the Supreme Court directed Sukhdev’s forthwith 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.

During Friday’s hearing, Yadav’s counsel N Hariharan asserted that his client had already served more than 23 out of 25 years in custody without remission and the high court did not have the power to deny remission while awarding 25 years sentence. The seasoned lawyer further submitted that his client in his petition was also seeking interim bail for two months, for his marriage on September 5 and to arrange funds for paying ₹54 lakh fine imposed at the time of sentencing. He further submitted that the Supreme Court had granted him interim bail till August 26.

On the contrary, Katara’s mother, Neelam, represented by advocate Vrinda Bhandari, opposed Vikas’s petition on the ground that the same was not maintainable since the Supreme Court had affirmed the high court’s order in 2016 and 2017. Bhandari further submitted that there was no provision of interim bail for a convict.

Considering the contentions, Justice Dudeja raised questions about the maintainability of Katara’s interim bail application, following his conviction, and directed him to surrender in accordance with the Supreme Court’s order. The judge stated that there was no connection between his present interim bail plea and the one granted by the Supreme Court.

“The Supreme Court has extraordinary powers (to grant interim bail post conviction). Where does this court draw the power to grant interim bail post conviction? Surrender in terms of the Supreme Court’s order. This (interim bail) is going to be considered independent of that (interim bail petition before the Supreme Court),” the bench said to Hariharan.

Hariharan, in response, sought time to get back and address the maintainability of the interim bail application on the next date of hearing i.e. September 2.