HC to hear arguments on maintainability of Vikas' parole plea

Delhi High Court today asked the counsel of Vikas Yadav, who is serving a 30-year jail term without remission in the Nitish Katara murder case, to explain how his plea challenging denial of extension of parole was maintainable.
A bench of Chief Justice G Rohini and Justice R S Endlaw asked advocate Sumeet Verma, appearing for Vikas, how the appeal against a criminal writ petition was maintainable as the conviction and sentence of Vikas has not yet attained finality.
The division bench referred to an earlier full bench decision of the High Court, as per which a letter patent appeal (LPA) is not maintainable against dismissal of a criminal writ petition seeking parole till the convict's conviction and sentencing attains finality.

Only a special leave petition (SLP) in the Supreme Court would be available in such situations, as per the full bench decision.
Verma said the preparation for filing an SLP in the apex court against the conviction and sentence was considered as a crucial ground for granting parole and in such a case, the LPA was maintainable.
The bench, however, said it would hear arguments on the issue of maintainability on April 20.

A single-judge bench on April 10 had refused to extend the parole of Vikas and had asked him to "surrender immediately".
Vikas, son of Uttar Pradesh politician D P Yadav, sought 21 more days for him to surrender, saying he was not able to prepare the appeal, for which he was out.

The convict was granted seven days parole last month, after he said he wanted to challenge in the Supreme Court, the high court verdict in the murder case and wanted to prepare for it.
Rajesh Mahajan, representing Delhi Police, had vehemently opposed Vikas' plea for parole extension, saying the court has granted the convict enough time to prepare his appeal.