The Delhi High Court on Thursday sought the city government’s response on a plea filed by Vikas Yadav, convicted in the 2002 murder of business executive Nitish Katara, seeking temporary release from jail on furlough.
Justice Ravinder Dudeja issued notices to the Delhi government, prison authorities, Katara’s mother Nilam Katara, and witness Ajay Katara, directing them to file their responses or status reports before the next hearing, scheduled for November 27.
Yadav, who is serving a 25-year sentence without remission, has challenged the October 29 order of the jail authorities that rejected his furlough request. His counsel, senior advocate Vikas Pahwa, argued that the application met all requirements under the Delhi Prisons Rules but was turned down “without application of mind.”
Pahwa submitted that Yadav sought his first spell of furlough for 21 days to “maintain social ties” following his recent marriage. He contended that furlough cannot be denied merely because of the nature of the offence or the fixed term of imprisonment.
The Delhi government’s counsel sought time to file a detailed status report.
According to the prison authorities, Yadav’s plea was rejected due to his “unsatisfactory” conduct and concerns raised by the victim’s family. They stated that given the gravity of the crime, the possibility of him absconding abroad, and the potential threat to law and order, furlough was not advisable.
Furlough is a temporary release from prison, distinct from suspension or remission of sentence, granted to inmates who have served part of their term to help them maintain family and social connections.
In September, the High Court dismissed Yadav’s plea seeking an extension of interim bail granted earlier by the Supreme Court on the ground of his mother’s illness. He had also sought bail extension citing his recent marriage.
Yadav, son of Uttar Pradesh politician D.P. Yadav, and his cousin Vishal Yadav were convicted for kidnapping and murdering Nitish Katara, allegedly over his relationship with Vikas’s sister, Bharti Yadav, which the family disapproved of due to caste differences.
The Delhi High Court had upheld their life sentences, specifying that they must serve 30 years without remission. The Supreme Court later modified this in October 2016, awarding both Vikas and Vishal a 25-year term without remission.
Their co-convict, Sukhdev Pehalwan, was sentenced to 20 years and was released in July this year after completing his sentence. He died shortly thereafter in a road accident.
