SC: Free convicts who have served fixed life terms

In a major development in the 2002 Nitish Katara murder case, the Supreme Court on Tuesday (August 12) said that Sukhdev Pehalwan, convicted in the case, must be released from jail as he has completed his 20-year prison sentence.

A bench of Justices B V Nagarathna and K V Viswanathan passed the direction while ordering the release of Sukhdev Yadav alias Pehalwan in the 2002 Nitish Katara murder case.

During the hearing, the Supreme Court stated that a convict like Pehalwan, who has been sentenced to a fixed period, must be released upon completion of the term, as reported Live Law.

The top court further stated that a “remission” is not required in cases of convicts who are sentenced to spend their whole lives in prison.

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Convicts serving beyond sentence

"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.

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‘Yadav should have been released’

The court noted that Yadav should have been released after he completed his sentence. "There can't any further incarceration of appellant herein from March 9, 2025, onwards.... In fact on March 10, 2025, the appellant ought to have been released, as he completed his sentence," the bench said.

It directed the Home Secretaries of all states and Union Territories to find out whether any convict is continuing to be in prison after completing his or her sentence.

The court further stated that the order be sent to the Member Secretary of the National Legal Service Authority for being forwarded to the District Legal Service Authorities in the States.

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Three months' furlough to Yadav

The Supreme Court had earlier granted three three-month furlough to Yadav, noting that he has undergone 20 years of uninterrupted incarceration without remission.

Furlough is a temporary release from prison, not a suspension or remission of the entire sentence, and is typically granted to long-term inmates who have served a portion of their sentence.

Yadav's plea challenged a November 2024 order of the Delhi High Court, which dismissed his petition for releasing him on furlough for three weeks.

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The backdrop

On October 3, 2016, the Supreme Court gave a 25-year jail term without the benefit of remission to Vikas Yadav and his cousin Vishal Yadav for their role in the sensational kidnapping and killing of Katara.

Co-convict Sukhdev Yadav was given a 20-year jail term.

They were convicted and sentenced for kidnapping Katara from a marriage party on the intervening night of February 16 and 17, 2002 and then killing him for his alleged affair with Vikas' sister Bharti Yadav.

Bharti is the daughter of Uttar Pradesh politician D P Yadav. The trial court observed that Katara was murdered as Vishal and Vikas Yadav did not approve of his affair with Bharti due to their different castes.

(With agency inputs)