The Delhi government informed the court that even after the completion of 20 years of imprisonment, it would not release the convict.
New Delhi: Today, 3rd March, The Supreme Court directed the Delhi government to decide within two weeks on granting remission to Sukhdev Yadav, also known as Pehalwan. He is currently serving a 20-year jail term without remission in the 2002 Nitish Katara murder case.
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A bench comprising Justices Abhay S Oka and Ujjal Bhuyan questioned the Delhi government regarding how the convict could continue to remain in jail even after completing his 20-year sentence, which is set to end on March 10, 2025.
The Supreme Court reviewed its own judgment, which stated,
“Life imprisonment which shall be 20 years of actual imprisonment without consideration of remission, and fine of Rs.10,000.”
The Delhi government informed the court that even after the completion of 20 years of imprisonment, it would not release the convict.
Expressing concern over this stance, the Supreme Court remarked, “After all, the issue pertains to liberty of a person.”
Justice Abhay S Oka further questioned the government’s inaction, stating,
“You should have started the process of granting the remission a long time back. How can he be kept in jail after the period of sentence is over.”
The bench, after hearing submissions from Solicitor General Tushar Mehta, ruled,
“The case of the petitioner shall be considered in two weeks. We accept the assurance and direct that the case be listed for hearing on March 27.”
On February 24, the Supreme Court had questioned the Delhi government’s submission that it would not release Pehalwan even after he had served his complete 20-year sentence.
The court had then directed the Delhi government’s home department secretary to file a sworn statement clarifying whether Yadav should be released after completing 20 years of imprisonment. The court also asked the state’s counsel whether they were interpreting court verdicts correctly.
Sukhdev Yadav had challenged a November 2024 Delhi High Court order, which dismissed his plea for a three-week furlough. His petition in the Supreme Court seeks clarity on his release after serving his sentence in full.
Background
On October 3, 2016, the Supreme Court sentenced Vikas Yadav and his cousin Vishal Yadav to 25 years in jail without remission for their involvement in the kidnapping and murder of Nitish Katara.
Co-convict Sukhdev Yadav alias Pehalwan was sentenced to 20 years in jail in the same case.
The court found them guilty of abducting Katara from a wedding party on the night of February 16-17, 2002, and later murdering him. The reason behind the killing was Katara’s alleged relationship with Vikas Yadav’s sister, Bharti Yadav.
Bharti Yadav is the daughter of influential Uttar Pradesh politician D P Yadav.
The trial court had observed that Katara was murdered because Vikas and Vishal Yadav disapproved of his relationship with Bharti, as they belonged to different castes.
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