2002 Nitish Katara murder case: No jail beyond fixed term, rules Supreme Court; slams delay in releasing prisoners

NEW DELHI: The Supreme Court of India on Tuesday directed all states and union territories to immediately release prisoners who have completed their court-mandated sentences, provided they are not wanted in any other case. The order came as the court expressed concern over prisoners languishing in jails long after their terms had ended.A bench of Justices B V Nagarathna and K V Viswanathan issued the directive while ordering the release of Sukhdev Yadav alias Pehalwan, convicted in the 2002 Nitish Katara murder case, who had completed his 20-year sentence in March this year without remission.“Copy of this order should be circulated by Registry to Home Secretaries of all states and UTs to ascertain whether any accused or convict has remained in jail beyond the period of sentence,” the bench said.“If so, issue directions for release of such convicts if not wanted in any other cases. A similar copy shall be send to member secretary National Legal Service Authorities for onward transmission to all member Secretaries of state and UTs Legal Service Authorities for communication of District Legal Service Authorities in the states for the implementation of judgement,” it added.The court noted Yadav “ought to have been released” on March 10, a day after finishing his sentence. “There can’t be any further incarceration of the appellant herein from March 9, 2025, onwards,” the bench observed.The registry has been instructed to circulate the order to home secretaries of all states and UTs to identify and release such convicts. Copies will also be sent to the National Legal Services Authority and subsequently to state and district authorities for implementation.Yadav, along with Vikas and Vishal Yadav, was convicted of kidnapping and murdering Katara, allegedly over his relationship with Bharti Yadav, daughter of UP politician D P Yadav. While Vikas and Vishal received 25-year terms without remission, Sukhdev was handed a fixed 20-year term.



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