New Delhi, February 25, 2025 – The Supreme Court has raised serious concerns over the Delhi Government’s stand that it would not release Sukhdev Yadav alias Pehalwan, convicted in the 2002 Nitish Katara murder case, even after completing his 20-year jail term without remission.
A two-judge bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan questioned whether a State could interpret court verdicts in such a manner.
The Court specifically asked the Delhi Government whether it intended to continue detaining Yadav even after his sentence was fully served.
SC Directs Delhi Govt to Submit Affidavit on Convict’s Release
The counsel for the Delhi Government responded in the affirmative, asserting that Yadav had been sentenced to life imprisonment and, therefore, would not be released automatically.
Expressing its reservations, the Apex Court directed the Home Department Secretary of the Delhi Government to file an affidavit by February 28, 2025, explicitly stating whether Yadav would remain incarcerated even after completing his actual sentence. The matter has been listed for hearing on March 3, 2025.
Background of the Nitish Katara Murder Case
The case stems from the brutal kidnapping and murder of Business Executive Nitish Katara in the intervening night of February 16-17, 2002.
He was allegedly killed for having an affair with Bharti Yadav, the sister of convict Vikas Yadav, son of Uttar Pradesh politician D P Yadav.
The Supreme Court had sentenced Vikas Yadav and his cousin Vishal Yadav to 25 years of imprisonment without remission for their role in the crime.
Their associate, Sukhdev Yadav alias Pehalwan, was awarded a 20-year jail term. The Delhi High Court had earlier upheld this punishment, stating that Yadav would serve “20 years of actual imprisonment without consideration of remission”.
Yadav had recently filed a plea challenging the Delhi High Court’s November 2024 order, which had rejected his request for a three-week furlough.
However, the Supreme Court’s focus is now on the broader legal question of whether he can be held beyond his designated sentence.
SC’s Crucial Question: Can a State Hold a Convict Beyond Sentence?
During the hearing, the Bench posed a critical question to the Delhi Government’s counsel:
“Is it your case that even after completion of 20 years of actual imprisonment, the state will not release the petitioner (Yadav)?”
The Court’s intervention is likely to have significant legal implications, particularly in cases where fixed-term imprisonment without remission is imposed.
With the Delhi Government required to clarify its stance through an affidavit, all eyes are now on the March 3, 2025 hearing, which will determine whether Yadav walks free after completing his sentence or remains incarcerated.
Case Details
- Case Name: Sukhdev Yadav v. State of NCT of Delhi
- Convicts: Vikas Yadav, Vishal Yadav, Sukhdev Yadav alias Pehalwan
- Victim: Nitish Katara
- Incident Date: February 16-17, 2002
- Bench: Justice Abhay S. Oka & Justice Ujjal Bhuyan
- Next Hearing: March 3, 2025
- Delhi Govt’s Affidavit Deadline: February 28, 2025