Can’t free Katara case lifer after 20-year time period, Delhi government tells SC

NEW DELHI: Supreme Court Monday took exception to Delhi govt’s stand {that a} convict, sentenced to life imprisonment with 20 years of jail time period with out remission, couldn’t be launched even after completion of the interval.
A bench of Justices Abhay S Oka and Ujjal Bhuyan expressed shock over the oral submission made by the Delhi govt counsel within the case of convict Sukhdev Yadav alisa Pehalwan within the Nitish Katara homicide case and requested that or not it’s mentioned on oath in an affidavit. It mentioned the government’s stand would possibly quantity to contempt of the court docket’s order which awarded a 20-year jail time period.
SC: 20-year jail phrases would turn out to be meaningless if state takes such stand
How can a govt take such a stand? Twenty-year jail phrases would turn out to be meaningless. The court docket had mentioned 20-year imprisonment and now the state is saying he can’t be launched even after 20 years,” the bench said.
The court was hearing a plea by Sukhdev Yadav alias Pehalwan who was sentenced to life imprisonment with a caveat that it shall be 20 years of actual imprisonment without consideration of remission. He was convicted in the 2002 Nitish Katara murder case and had filed a petition seeking furlough. As his jail term is about to get over in a few weeks, the court sought the state’s response on when he could be released from jail.
Senior advocate Aparajita Singh, appearing for Nitish’s mother Neelam Katara, said it was a life sentence with 20 years without remission which meant that the convict could be eligible for remission after 20 years.
The bench, however, was not convinced and disapproved of the state govt’s stand on the issue relating to freedom. “This is the idea of liberty for the state? We will take care of it. Let your house secretary take a stand on oath after taking authorized opinion. If wanted we are able to haul up your house secretary,” the bench mentioned.
On Oct 3, 2016, Supreme Court had awarded 25-year jail time period with none good thing about remission to Vikas Yadav and his cousin Vishal for his or her position within the kidnapping and killing of Nitish Katara. Co-convict Sukhdev Yadav was handed down a 20-year jail time period within the case.
Earlier, Delhi excessive court docket, whereas upholding the life imprisonment awarded to Vikas and Vishal Yadav by the trial court docket, had specified a 30-year sentence, with none remission, to the 2. It had awarded 25-year jail time period to Sukhdev Yadav.
All three had been convicted and sentenced for kidnapping Nitish from a wedding celebration on the night time of Feb 16, 2002, and killing him for his alleged affair with Bharti Yadav, Vikas’s sister. Bharti is the daughter of Uttar Pradesh politician D P Yadav who’s in jail in reference to one other homicide case.