The Supreme Court has directed the Delhi government to decide within two weeks on granting remission to Sukhdev Yadav alias Pehalwan, who is serving a 20-year jail term in the 2002 Nitish Katara murder case. With his sentence set to end on March 10, 2025, the court questioned how he could be kept in prison beyond his term, emphasizing his right to liberty.
SC Questions Delhi Government’s Delay in Remission Decision
A Supreme Court bench comprising Justices Abhay S Oka and Ujjal Bhuyan raised concerns over the delay in deciding on remission for the convict. The court noted that the remission process should have started earlier and asked the Delhi government how Pehalwan could continue to remain in jail after completing his sentence.
Key Observations by the Supreme Court
- Justice Oka stated: “You should have started the process of granting remission a long time back. How can he be kept in jail after the period of sentence is over?”
- The court accepted Solicitor General Tushar Mehta’s assurance that the case would be considered within two weeks and scheduled the next hearing for March 27.
Delhi Government’s Stand on Pehalwan’s Release
Earlier, on February 24, the Delhi government had informed the Supreme Court that it would not release Pehalwan even after he had served 20 years in prison. However, the court referred to its previous judgment, which stated:
“Life imprisonment shall be 20 years of actual imprisonment without consideration of remission, and a fine of ₹10,000.”
The Supreme Court directed the Delhi Home Department Secretary to file an affidavit clarifying whether Pehalwan should be released after serving 20 years.
Yadav’s Plea Against Delhi High Court Order
Pehalwan had earlier approached the Delhi High Court seeking three weeks of furlough, but his plea was dismissed in November 2024. His current petition before the Supreme Court challenges this decision, arguing that he has completed his sentence and should be considered for remission or release.
Background: The 2002 Nitish Katara Murder Case
The Nitish Katara murder case is one of India’s most infamous honour killing cases.
Key Details of the Case
- Victim: Nitish Katara, a young businessman
- Date of Incident: February 16-17, 2002
- Crime: Kidnapped and murdered by Vikas Yadav and Vishal Yadav
- Motive: Katara was in a relationship with Bharti Yadav, sister of Vikas Yadav
- Convicts:
- Vikas Yadav and Vishal Yadav: 25-year jail term without remission (awarded by SC in 2016)
- Sukhdev Yadav alias Pehalwan: 20-year jail term
The trial court ruled that Nitish Katara was murdered because Vikas and Vishal Yadav did not approve of his relationship with Bharti, as they belonged to different castes.
Supreme Court’s Verdict in 2016
In 2016, the Supreme Court upheld the convictions and handed out strict sentences:
- Vikas Yadav and Vishal Yadav: 25 years in prison without remission
- Sukhdev Yadav (Pehalwan): 20 years in prison without remission
What Happens Next?
With Pehalwan’s sentence nearing completion, the Delhi government must now decide within two weeks whether to grant remission. The next Supreme Court hearing is scheduled for March 27, where the government’s stand on his release will be reviewed.
The Supreme Court’s directive to the Delhi government underscores the importance of timely decisions on remission cases. The Nitish Katara murder case remains a significant legal precedent in honour killings in India. As Pehalwan’s sentence nears its 20-year completion, the government’s decision will set an example for similar cases involving long-term imprisonment without remission.
