Nueva Delhi: The Supreme Court on Monday made an exception to the position of the Delhi government that a convict, sentenced to life imprisonment With 20 years in jail without remissionIt could not be released even after completing the period.
A Bank of Judges Abhay S Oka and Ujjal Buyan expressed surprise for the oral submission made by Delhi’s lawyer in case of convict Sukhdev Yadav Alisa Pehalwan in the NITIH KATARA Case of murder and asked to be said about the oath in an affidavit. He said that the government’s stand could be equivalent to the court order that granted a 20 -year prison period.
SC: The terms of the 20 -year prison would not feel meaning if the State takes such a position
How can a government take such a position? The terms of the twenty -year prison would make sense. The court had said that 20 -year prison and now the State says it cannot be released even after 20 years, “said the bank.
The Court heard a statement of Sukhdev Yadav aka Pehalwan, who was sentenced to life imprisonment with a warning that they will have 20 years of real imprisonment without taking into account the remission. He was convicted in the case of murder of Niten Katara of 2002 and had submitted a request that was looking for a license. As its term of the prison is about to overcome in a few weeks, the court sought the state’s response about when it could be released from jail.
The main defender of Apartajita Singh, who appeared for Niten’s mother, Nelam Katara, said it was a life imprisonment with 20 years without remission, which meant that the convict could be eligible for remission after 20 years.
The bank, however, was not convinced and disapproved of the position of the state government on the issue related to freedom. “This is the concept of freedom for the State? We will treat it. Let your Secretary of the Interior take a position in an oath after taking a legal opinion. If necessary, we can transport your Secretary of the Interior,” said the bank.
On October 3, 2016, the Supreme Court had granted a 25 -year prison period without any remission benefit to Vikas Yadav and its Primo Vishal for its role in the kidnapping and murder of Niten Katara. The co-confefojo Sukhdev Yadav received a 20-year prison term in the case.
Previously, the Superior Court of Delhi, while maintaining the life imprisonment granted to Vikas and Vishal Yadav by the Court of First Instance, had specified a 30 -year judgment, without any remission, both. He had granted a 25 -year prison term to Sukhdev Yadav.
The three were convicted and convicted of kidnapping NITIH of a marriage party on the night of February 16, 2002, and killing him for his alleged adventure with Bharti Yadav, Vikas’s sister. Bharti is the daughter of the politician of Uttar Pradesh, DP Yadav, who is in jail in relation to another case of murder.