Nitish Katara murder case | 'We are dealing with liberty of an individual': Supreme Court

New Delhi: The Supreme Court on Tuesday took exception to Delhi government's stand that a convict serving a 20-year jail term without remission in the 2002 Nitish Katara murder case could not be released even after the completion of his detention.

A bench of Justices Abhay S Oka and Ujjal Bhuyan expressed surprise at the submission of additional solicitor general (ASG) Archana Pathak Dave, appearing for the Delhi government, that there can't be an automatic release of Sukhdev Yadav alias Pehalwan.

"We are dealing with liberty of an individual. The conviction has been upheld by the high court upto the Supreme Court. The fixed term is given. If we find that he has been kept in detention beyond what is legally permissible. That detention would be illegal detention. Each day's detention will be illegal," the bench observed.

Senior advocate Siddharth Mridul, appearing for Yadav, submitted his client completed the sentence on March 9, 2025.

He denied any lawful justification to detain Yadav beyond March 9 and said the Delhi government was wrong in its interpretation of the sentence.

Dave, however, argued there can't be an automatic release after 20 years and life imprisonment means jail till the remainder of natural life.

The ASG also raised an objection that the petitioner did not seek his release in the plea before the top court but furlough.

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 apex court then recorded,"We started hearing this matter (at) around 2:30 pm. The two orders dated February 24 and March 28, 2025 give clear indication that court was to consider implementation of effective part of the judgement of the Delhi High Court."

The bench observed after the petitioner had argued and the ASG made submissions for half an hour, the latter raised a preliminary objection that the petitioner did not raise in his SLP the plea to be released after undergoing the actual 20-year sentence.

"Thus, the submission is that this court cannot go into this question," it added.

Observing its previous orders were "crystal clear" that the issue of release will be considered, the apex court directed Yadav to amend the plea.

"At (around) 3:15 pm, as we thought this case will take time, we discharged rest of the cause list and informed that remaining matters will not be taken up. Therefore, raising such a preliminary objection, that too, after arguing for half an hour is unfair to other litigants."

Taking into account the "strong objection" the bench allowed the petitioner to amend the petition within three days and posted the hearing on May 7.

On February 24, the bench questioned Delhi government's submission that it would not release Yadav even after the completion of his actual 20 years jail term in the case.

The bench perused its judgement, which said, "Life imprisonment which shall be 20 years of actual imprisonment without consideration of remission, and fine of Rs 10,000." The Delhi government said even after the completion of 20 years of actual imprisonment, it wouldn't be releasing the convict.

The top court then ordered the Delhi government home department secretary to file a statement on oath on whether after completing 20 years of actual sentence, the petitioner should be released and asked its counsel if the state was reading court verdicts this way.

Yadav's plea challenged a November 2024 order of the Delhi High Court, which dismissed his petition for releasing him on furlough for three weeks.

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

Co-convict 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 16-17, 2002 and then killing him for his alleged affair with Vikas' sister Bharti Yadav.

Bharti was the daughter of Uttar Pradesh politician D P Yadav.

The trial court observed Katara was murdered as Vishal and Vikas Yadav did not approve of his affair with Bharti as they were from different castes.