Nitish Katara Murder Case: Supreme Court Orders Release of Convict Sukhdev Pehalwan
The Supreme Court has directed the release of Sukhdev Pehalwan, a convict in the Nitish Katara murder case, citing concerns about prisoners being kept behind bars even after completing their sentences.
On Tuesday, the Supreme Court ordered the release of co-accused Sukhdev Yadav, also known as ‘Pehalwan’, in the 2002 Nitish Katara murder case. The directive followed a plea filed by Pehalwan seeking remission of his sentence.
A bench led by Justice BV Nagarathna, in its ruling, stated, “In this case, the actual sentence was fully served without remission, and hence he must be released from prison.”
“The Sentence Review Board cannot override a sentence already judicially upheld by the High Court,” the bench observed.
“There shall be no further detention of the appellant from 9th March 2025 onwards. The continued imprisonment of the appellant was unlawful. In fact, he should have been released on 10th March 2025, having completed his sentence,” the court added.
The court further directed the Registry to circulate a copy of this order to the Home Secretaries of all states and Union Territories to verify if any convict or accused is being held beyond their sentence period.
On 1st July, the Supreme Court extended the interim bail of Vikas Yadav, another convict in the case, for four more weeks for his mother’s post-operative care.
Vikas Yadav, along with his cousin Vishal Yadav and others, was convicted and sentenced to 25 years of actual imprisonment without remission for kidnapping Nitish Katara from a wedding party in February 2002 and subsequently murdering him. The motive was reportedly due to Katara’s alleged affair with Vikas Yadav’s sister, Bharti Yadav.
The trial court had noted that the murder was committed because Vishal and Vikas Yadav disapproved of Katara’s relationship with Bharti, as they belonged to different castes.
COURT ORDERS RELEASE OF ALL SUCH CONVICTS
Expressing concern over prisoners remaining incarcerated beyond their sentence period, the court directed that all convicts who have served their fixed jail terms be released immediately.
It reiterated that the Sentence Review Board cannot challenge sentences already upheld by the High Court.
“If that is the case, directions must be issued for the release of such convicts, unless they are required in any other cases,” the bench remarked.
“A copy of this order should also be sent to the Member Secretary of the National Legal Services Authority for onward communication to all Member Secretaries of State and UT Legal Services Authorities,” the court added.
