Nitish Katara case: HC seeks Centre, Delhi govt's reply on Vikas Yadav plea

The Delhi High Court on Friday sought responses from the Centre and Delhi government on a plea for release filed by convict Vikas Yadav in the 2002 Nitish Katara murder case.

Yadav, 54, who has been in jail for over 23 years, also sought interim bail on the ground that his marriage was fixed for September 5 and he had to arrange the fine amount of Rs 54 lakh which was imposed on him at the time of sentencing.

Justice Ravinder Dudeja issued notice to central ministries of home affairs, law and justice and the Delhi government and Nitish Katara's mother Nilam Katara on his plea.

 

The court posted the matter for September 2, after Yadav's counsel sought an early date owing to his marriage.

The plea raises the issue of denying him the benefits of statutory remission under the provisions of the CrPC while sentencing him for a fixed term of 25 years on February 6, 2015.

He sought his release from jail and permission to apply for remission from the authorities concerned.

His counsel said Yadav had already served more than 23 years of his 25-year fixed term sentence and the benefit of statutory remission to a convict does not fall within sentencing powers of the court.

"Denial of remission during a fixed term sentence is a violation of the petitioner's right to life guaranteed under Article 21 of the Constitution since it deprives the convict to apply for or seek remission," the plea said.

The Supreme Court had previously allowed him to move the high court for seeking remission in the case.

He is currently out on interim bail till August 26 by the orders of the Supreme Court for attending his ailing mother.

The high court, however, asked him to surrender on August 26 citing no connection between his present interim bail plea and the one granted by the top court.

Besides, he has also urged the high court to grant him two months of interim bail for his marriage and for arranging funds to pay the fine amount, failing which he will have to undergo further three years in jail.

"I have no source of income, I am 54 years of age. If I don't get married now and settle down, it is over. This is my only chance to settle down," his lawyer said.

The plea was opposed by Nilam's counsel, who argued there was no provision of interim bail for a convict.

A convict is either entitled for a parole or furlough, the counsel added.

The court said the point of there being a provision for grant of interim bail to a convict was "totally unheard of".

"Does the high court have the power to grant interim bail post conviction and after dismissal of review petition? You may consider it. I am keeping it pending," the judge told his lawyer.

The court observed the petitioner was a convict serving sentence and his appeal was dismissed by the apex court whereas his counsel sought time for instructions on the issue of maintainability.

Yadav is the son of Uttar Pradesh politician D P Yadav. His cousin Vishal Yadav was also punished for the kidnapping and murder of business executive Katara.

The duo was against Katara's alleged affair with Bharti Yadav, sister of Vikas, as they belonged to different castes.

Another co-convict Sukhdev Pehalwan was given a 20-year jail term without any remission benefit. On July 29, the apex court ordered his release from jail noting that he had completed his 20-year sentence in March this year.