The plea states Yadav was 27 at the time of the offense and argues that his continued imprisonment has deprived him of social ties and hope. It asserts there is no risk of him absconding and emphasizes his clean record in other legal matters.
New Delhi, Dece 26: Vikas Yadav, serving a life sentence for the 2002 murder of Nitish Katara, has approached the Delhi High Court seeking a three-week furlough.
This move comes after the competent authority recently denied his furlough application, filed following a liberty granted by the Delhi High Court on August 22, in an order by Justice Dinesh Kumar Sharma.
Represented by advocates Kanhaiya Singhal and Ujwal Ghai, Yadav’s plea highlights his over 22 years in judicial custody equivalent to nearly 30 years when remission is accounted for without a single day of bail or parole. The petition notes that Yadav, now around 50 years old, seeks relief due to his prolonged incarceration, emphasizing his reformation and desire to reintegrate into society.
The plea states Yadav was 27 at the time of the offense and argues that his continued imprisonment has deprived him of social ties and hope. It asserts there is no risk of him absconding and emphasizes his clean record in other legal matters.
Yadav and his cousin Vishal Yadav were convicted of abducting and killing Nitish Katara on February 17, 2002, in Ghaziabad, Uttar Pradesh, due to their opposition to Katara’s friendship with their sister, Bharti.
Earlier this year, in October, the Delhi Prisons administration rejected Vikas Yadav’s furlough request, citing ‘unsatisfactory” conduct during incarceration in three instances of punishment for violating prison rules, including aggression towards fellow inmates, on May 28, 2012, July 10, 2013, and October 10, 2017.
Nitish Katara, a 23-year-old business executive, was murdered on February 17, 2002. Vikas Yadav, along with his cousin Vishal Yadav, was convicted for the murder in 2008 and sentenced to life imprisonment. The crime was reportedly motivated by Yadav’s objection to Katara’s relationship with his sister.
In a separate case, a Delhi court acquitted three men accused in a 2016 kidnapping-for-ransom case, citing insufficient evidence. ASJ Vishal Pahuja delivered the verdict on December 16, clearing Rahul Yadav, Bharat Yadav, and Iqbal alias Kala of all charges. The court noted that the prosecution failed to provide substantial evidence linking the accused to the crime, and all witnesses, including the victim’s father, turned hostile and did not identify the accused.
Moreover, the case lacked scientific or forensic evidence, such as call recordings, to support the charges. The incident occurred in October 2015, when the victim and his driver were allegedly kidnapped, with a ransom demand of Rs 60 lakh. The FIR was filed at the Fatehpuri Beri police station.
Furlough Plea
A furlough is a temporary release of a prisoner from custody, typically granted for specific reasons such as maintaining family ties or addressing urgent personal issues. Unlike parole, which is more discretionary, furlough is generally considered a right for eligible prisoners, subject to certain conditions and regulations. Its primary purpose is to help prisoners maintain social and family connections, aiding their rehabilitation and reintegration into society.
Eligibility for Furlough
Prisoners may become eligible for furlough after serving a minimum portion of their sentence and maintaining good behavior. However, the specific criteria for eligibility can vary depending on the jurisdiction. In general, furlough is granted to help strengthen social bonds, provided the prisoner meets the necessary conditions.
Conditions for Granting Furlough
Furlough is granted under specific conditions that may include reporting to local police stations, limiting the prisoner’s movement, and requiring them to return to prison at a specified time. These conditions ensure that the temporary release does not undermine the justice system’s integrity and that the prisoner returns to custody after the furlough period.
Legal Provisions Relating to Furlough
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Section 473: Power to Suspend or Remit Sentences
The appropriate government holds the authority to suspend or remit sentences at any time after a person has been convicted, with or without conditions. When considering applications for suspension or remission, the government may consult the presiding judge who handled the conviction, along with relevant trial records. The government can revoke the suspension or remission if conditions are not met, potentially leading to the rearrest of the individual. - Petitions for Suspension or Remission
Petitions must be filed while the person is in jail and can be submitted either through the officer in charge or with a declaration of imprisonment if made by another individual. These provisions apply to all orders restricting liberty, with the “appropriate Government” being either the Central or State Government, depending on the case.
Prisons Act, 1894
Rule 17: No Legal Right to Furlough
The rules explicitly state that prisoners do not have a legal right to claim furlough, reinforcing that it is a discretionary remedy, subject to the conditions specified by the rules.is a temporary release of a prisoner from custody, typically granted for specific reasons such as maintaining family ties or addressing urgent personal issues. Unlike parole, which is more discretionary, furlough is generally considered a right for eligible prisoners, subject to certain conditions and regulations. Its primary purpose is to help prisoners maintain social and family connections, aiding their rehabilitation and reintegration into society.
Furlough and Parole Rules
The rules governing furlough are primarily outlined in Sections 59 and 3 of the Prisons Act, 1894. These rules lay down the criteria for eligibility and grant of furlough, as well as certain limitations.
Rule 3: Eligibility for Furlough
Rule 3 specifies the conditions under which a prisoner is eligible for furlough, including the length of time they have been imprisoned. However, the language “may be released” in Rule 3 indicates that furlough is not an automatic right, but rather a discretionary decision by authorities.
Rule 4: Limitations on Furlough
Rule 4 imposes limitations on the grant of furlough, making it a discretionary measure rather than an entitlement.
Eligibility for Furlough
Prisoners may become eligible for furlough after serving a minimum portion of their sentence and maintaining good behavior. However, the specific criteria for eligibility can vary depending on the jurisdiction. In general, furlough is granted to help strengthen social bonds, provided the prisoner meets the necessary conditions.
Conditions for Granting Furlough
Furlough is granted under specific conditions that may include reporting to local police stations, limiting the prisoner’s movement, and requiring them to return to prison at a specified time. These conditions ensure that the temporary release does not undermine the justice system’s integrity and that the prisoner returns to custody after the furlough period.
Legal Provisions Relating to Furlough
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Section 473: Power to Suspend or Remit Sentences
The appropriate government holds the authority to suspend or remit sentences at any time after a person has been convicted, with or without conditions. When considering applications for suspension or remission, the government may consult the presiding judge who handled the conviction, along with relevant trial records. The government can revoke the suspension or remission if conditions are not met, potentially leading to the rearrest of the individual. - Petitions for Suspension or Remission
Petitions must be filed while the person is in jail and can be submitted either through the officer in charge or with a declaration of imprisonment if made by another individual. These provisions apply to all orders restricting liberty, with the “appropriate Government” being either the Central or State Government, depending on the case.
Prisons Act, 1894
- Furlough and Parole Rules
The rules governing furlough are primarily outlined in Sections 59 and 3 of the Prisons Act, 1894. These rules lay down the criteria for eligibility and grant of furlough, as well as certain limitations. - Rule 3: Eligibility for Furlough
Rule 3 specifies the conditions under which a prisoner is eligible for furlough, including the length of time they have been imprisoned. However, the language “may be released” in Rule 3 indicates that furlough is not an automatic right, but rather a discretionary decision by authorities. - Rule 4: Limitations on Furlough
Rule 4 imposes limitations on the grant of furlough, making it a discretionary measure rather than an entitlement. - Rule 17: No Legal Right to Furlough
The rules explicitly state that prisoners do not have a legal right to claim furlough, reinforcing that it is a discretionary remedy, subject to the conditions specified by the rules.
