HC dismisses Katara case convict Vishal Yadav's plea for parole Ne'

On May 16, the competent authority rejected Yadav's plea for parole on the ground that he has been awarded 25 years imprisonment without any remission, and against that order he moved the high court.

The Delhi High Court on Thursday dismissed the plea for emergency parole of Vishal Yadav who is serving life term for killing business executive Nitish Katara in 2002. Justice V K Rao, via video conferencing, pronounced the order dismissing Yadav's plea. The high court rejected Yadav's plea by agreeing with the state's contention that he cannot be granted emergency parole as it would count towards his sentence and would amount to a remission which he was not entitled to till he completes 25 years of actual imprisonment. Delhi government additional standing counsel Rajesh Mahajan, appearing for the state, had told the court that there was an April 17 circular which said that such prisoners who are not to be granted remission, are not entitled to emergency parole.

Mahajan had also told the court that both the Supreme Court and the Delhi High Court had said that Yadav was not eligible for any remission till he serves his complete sentence. He had said that parole, if given, would be considered as part of his sentence and would amount to grant of remission which Yadav was not entitled to.

Yadav had sought eight weeks emergency parole on the ground that he could get infected by COVID-19 or TB due to overcrowding and poor sanitation in the prison. On this aspect, the high court said that he has been lodged separately in a cell away from other prisoners and the jail administration was taking all requisite steps and precautions to contain COVID-19 which was also being monitored by a High-Powered Committee. Yadav had moved a similar plea in April which was disposed of on May 2 by the high court.

The high court asked the "competent authority", which under the prison rules is the Lt Governor, to treat the petition as a representation and take a decision within 15 days. On May 16, the competent authority rejected Yadav's plea for parole on the ground that he has been awarded 25 years imprisonment without any remission, and against that order he moved the high court. Yadav had also sought quashing of the May 16 order. He had contended that the number of coronavirus cases was increasing at a high rate and there was a risk of infection to him inside the prison, especially since he had been a tuberculosis (TB) patient in the past. On October 3, 2016, the Supreme Court awarded a 25-year jail term without any benefit of remission to Yadav and his cousin Vishal for their role in the sensational kidnapping and killing of Katara. Another co-convict Sukhdev Pehalwan was also handed down a 20-year jail term. Prior to this, 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. It awarded a 25-year jail term to third convict Pehalwan. All three were convicted and sentenced for kidnapping Katara from a marriage party in February 2002 and then killing him for his alleged affair with Bharti Yadav, the sister of Vikas. Bharti is the daughter of Uttar Pradesh politician D P Yadav who is in jail in connection with another murder case.

Katara was murdered as Vishal and Vikas Yadav did not approve of his affair with Bharti because they belonged to different castes, the lower court said in its verdict..