Nitish Katara murder: SC allows release of one convict, extends interim bail to another

Pehelwan sought release, contending that the judgment of the top court convicting him in October 2016 had imposed a fixed-term sentence of 20 years without remission

The Supreme Court on Tuesday ordered the release of Nitish Katara murder convict Sukhdev Pehelwan on completing 20 years of his life-term sentence, without any remission, even as the court, in a separate proceeding, dismissed a plea by another convict, Vikas Yadav, who challenged the 25-year bar on remission imposed as punishment for the crime committed in 2002.

The Supreme Court of India. (Representative photo)

In his petition, Pehelwan sought release, contending that the judgment of the top court convicting him in October 2016 had imposed a fixed-term sentence of 20 years without remission.

A bench of justices BV Nagarathna and KV Vishwanathan accepted the argument and held that as per the 2016 decision, the 20-year sentence ended in March. “In these circumstances, he is entitled to release…He shall be released forthwith if not wanted in any other case,” the court said in its order.

The contentions of senior advocate Siddharth Mridul, representing Pehelwan, were challenged by the Delhi government, represented by additional solicitor general (ASG) Archana Pathak Dave, who said that the judgment only says that he would be eligible to be considered for remission after a 20-year sentence. She said that the life sentence will continue as a punishment in his case.

The bench said, “Once court has quantified a sentence without remission for 20 years, there is no sentence beyond 20 years.”

The ASG pointed out that the Sentence Review Board (SRB) has considered his case for remission and dismissed it on March 28, on the grounds that he has “potential for committing crime.”

The bench took exception to the SRB order and said, “How can SRB sit over judgment of this court? Once a convict has completed a sentence, he is entitled to release. You are mixing it up with remission... If this is the attitude of the government, then every convict will die in jail even if he has completed the sentence.”

Meanwhile, another bench of the Supreme Court dismissed Vikas Yadav’s petition questioning how the top court could direct him to remain in jail for a period of 25 years without remission. He had approached the top court in 2022, after he had undergone an actual sentence of 21 years.

Dismissing his plea, a bench of justices MM Sundresh and N Kotiswar Singh said, “We are not inclined to exercise our power under Article 142. The petition is dismissed, giving liberty to the petitioner to approach the high court.”

The court had earlier granted interim bail to Yadav, who is the son of former member of Parliament DP Yadav. Senior advocate Guru Krishnakumar, appearing for Yadav, requested the court to continue his interim bail for a further period of six weeks as the period of bail expired on Tuesday. The court extended it by another four weeks, while observing that he was free to seek further orders from the high court.

The case pertains to the abduction of Katara from a marriage party on the intervening night of February 16 and 17, 2002, and then killing him over his alleged relationship with Bharti Yadav, Vikas’s sister. The accused in the case are Vikas Yadav, his cousin Vishal and Pehelwan.

The decision of the top court in Pehelwan’s case may come to the aid of VIkas and Vishal, who are set to complete the stipulated 25-year sentence in two years.