Nitish Katara murder: High Court asks Delhi govt to respond to Vikas Yadav’s plea for furlough

New Delhi: The Delhi High Court on Thursday sought response of the city government on a plea by Vikas Yadav, serving a 25-year jail term without remission for the murder of business executive Nitish Katara in 2002, seeking to be released from jail on furlough.

Justice Ravinder Dudeja issued notice to the Delhi government, prison authorities, Katara’s mother Nilam Katara and witness Ajay Katara, and asked them to file their status reports or replies to the plea before the next date of hearing.

The court listed the matter for further hearing on November 27.

Yadav has challenged the jail authorities’ October 29 order rejecting his furlough application.

Senior advocate Vikas Pahwa, representing Vikas, submitted that the convict was seeking first spell of furlough for a period of 21 days to maintain social ties since he recently got married.

But the authorities rejected his plea without application of mind despite fulfilment of all the criteria under the Delhi Prisons Rules, the counsel argued, adding that furlough cannot be denied solely on the grounds that the convict is serving a fixed term imprisonment or the nature of offence.

The counsel for the Delhi government sought time to file a status report.

The prison authorities rejected his furlough plea on the grounds that Vikas’ conduct was found to be “unsatisfactory”. It also rejected his plea on the grounds that the nature of crime committed and sentence awarded and apprehension shown by the victim that the convict may abscond to another country, disturb law and order and may cause irreparable loss to the victim’s family, if released from jail.

Furlough is a temporary release from prison, not a suspension or remission of the entire sentence, and is typically granted to long-term inmates who have served a portion of their sentence.

The high court on September 9 had dismissed Vikas plea for extension of his interim bail on the grounds of maintainability and jurisdiction. He was out on interim bail granted by the Supreme Court to take care of his ailing mother.

He also sought extension of interim bail on the grounds that he has recently got married.

Vikas is the son of Uttar Pradesh politician D P Yadav. His cousin Vishal Yadav was also punished for the kidnapping and murder of 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. He recently died in a road accident.

Earlier, the Delhi High Court, while upholding the life imprisonment awarded to Vikas and Vishal Yadav by the trial court, specified a 30-year sentence, without any remission, to both of them.

On October 3, 2016, the Supreme Court awarded a 25-year jail term without the benefit of remission to Vikas Yadav and his cousin Vishal Yadav for their role in the sensational kidnapping and killing of Katara. Co-convict Sukhdev Yadav was given a 20-year jail term in the case.

They were convicted and sentenced for kidnapping Katara from a marriage party on the intervening night of February 16 and 17, 2002 and then killing him for his alleged affair with Vikas' sister Bharti Yadav.