Nitish Katara murder: SC refuses to extend interim bail of convict Vikas Yadav

New Delhi, Sep 8 (PTI) The Supreme Court on Monday refused to extend the interim bail of convict Vikas Yadav, who is serving a 25-year jail term in the sensational 2002 Nitish Katara murder case, and asked him to move the Delhi High Court instead.

Yadav’s interim bail is expiring on September 9.

His counsel, senior advocate S Gurukrishna, urged a bench comprising Justices M M Sundresh and Satish Chandra Sharma to extend his client's reprieve by four more days to enable him to file an appropriate application in the high court.

The bench, however, refused the plea.

The top court said since the matter was pending in the high court, it was improper for it to examine an appeal against the latter's interim order.

“You go to the high court,” the bench said.

Gurukrishna said instead of sending him to the high court, the top court could hear his plea for extension.

The counsel said the top court had been extending bail from time to time to enable him to spend time with his ailing mother.

When the bench hinted to reject the plea, the counsel offered to move the high court.

Earlier, the bench extended Yadav's interim bail by a week. Yadav, in the high court, had sought extension of bail on the ground that he intends to get married in the first week of September.

The top court was hearing a plea filed by Yadav against an August 22 order of the Delhi High Court which refused to extend his interim bail granted by the top court on July 29.

Last Monday, Justice N Kotiswar Singh recused himself from hearing the matter as soon as the hearing commenced. The bench, however, extended Yadav's interim bail by one week.

Yadav, 54, who has spent over 23 years in jail, also sought interim bail on the grounds that his marriage was fixed for September 5 and he had to arrange for Rs 54 lakh, the fine imposed on him at the time of sentencing.

A bench of Justices Dipankar Datta and A G Masih had previously agreed with the view of the high court and said the matter should be heard by the bench headed by Justice M M Sundresh, who passed the July 29 order extending Yadav's interim bail.

The high court on August 22 adjourned the matter till September 2 being "hesitant as to whether it has jurisdiction to extend the period of interim bail".

The top court observed the same was done keeping in mind the fact that the conviction of the petitioner by the trial court -- affirmed by the high court with sentence of imprisonment for 25 years without remission -- stood approved even by the Supreme Court not only when the appeal was decided appeal but also when the review petition was dismissed.

"The high court prima facie seems to be justified in its opinion that once this court had affirmed the decision of the high court that the petitioner would not be entitled to any remission, it lacked the jurisdiction to grant the petitioner's prayer. If at all, it is this court which can consider and grant relief," the bench said.

Yadav is the son of Uttar Pradesh politician D P Yadav. His cousin Vishal Yadav was also punished for the kidnapping and murder of business executive Katara.

The duo was against Katara's alleged affair with Bharti Yadav, sister of Vikas, as they belonged to different castes.

Another co-convict Sukhdev Pehalwan was given a 20-year jail term without any remission benefit. On July 29, the apex court ordered his release from jail, noting that he had completed his 20-year sentence in March this year. PTI SJK SJK AMK AMK