Nitish Katara murder case: SC to hear Vikas Yadav’s plea on remission

A trial court in May 2008 held Vikas Yadav guilty of murdering Nitish Katara for being in a relationship with his sister

The Supreme Court has agreed to hear in August a petition of Vikas Yadav, former Member of Parliament DP Yadav’s son, challenging the bar on the consideration of his remission until he completes 25 years in jail for murdering Delhi business executive Nitish Katara in 2002. Vikas Yadav is undergoing a life imprisonment.

Vikas Yadav said he has completed 21 years of his sentence. (Getty Images/iStockphoto)

A bench of justices Aniruddha Bose and Sudhanshu Dhulia on Tuesday posted the petition for hearing while allowing Nitish Karata’s mother, Nilam Katara, to join as a party in the proceedings.

A trial court in May 2008 held Vikas Yadav guilty of murdering Nitish Katara for being in a relationship with his sister.

In his plea, Vikas Yadav said that he has completed 21 years of his sentence and that the denial of remission affected his fundamental right to life and liberty.

Yadav’s plea also essentially sought a reconsideration of an order of the Supreme Court saying that restrictions on the right of prisoners to remission for a fixed term of years can be issued.

Nilam Katara has accused Vikas Yadav of suppressing facts. In her application, she cited the history of the case and opposed his early release. She said the trial of the case was shifted from Ghaziabad to Delhi as he wielded a lot of power and influence in Uttar Pradesh as his father was a former state minister.

Senior advocate Aparajita Singh, who appeared for Neelam Katara, pointed out Vikas Yadav’s petition was not maintainable as it essentially sought recall of a Supreme Court judgment.

Neelam Katara cited a grave threat to her safety if Vikas Yadav was allowed to come out of jail.

Senior advocate Siddharth Dave, who appeared for Vikas Yadav, said his client has approached the court to secure his as well as thousands of other similar convicts’ indispensable fundamental right.

Additional solicitor general Aishwarya Bhati, representing the Union government, said the right to remission of a life convict can be curtailed for a limited term as such orders have been passed.