The Supreme Court on Tuesday questioned the Delhi government for continuing to detain a convict in the 2002 Nitish Katara murder case even after he completed his 20-year sentence without any remission.
A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan raised serious concerns over the Delhi government’s argument that there could be no automatic release for convict Sukhdev Yadav, also known as Pehalwan, despite serving the full term set by the court.
Court Stresses Individual Liberty
“We are dealing with the liberty of an individual,” the bench said firmly. The judges pointed out that Yadav’s conviction had been upheld by both the Delhi High Court and the Supreme Court, and that he had already served the fixed term of imprisonment.
“If we find that he has been kept in detention beyond what is legally permissible, that detention would be illegal. Each day’s detention will be illegal,” the court emphasized.
Delhi Government
The remarks came after Additional Solicitor General (ASG) Archana Pathak Dave, representing the Delhi government, submitted that there should not be automatic release after the fixed sentence period ends, especially when remission is not granted.
However, the court appeared unconvinced by this argument and highlighted the importance of upholding constitutional protections related to personal liberty.
Background
Sukhdev Yadav was one of the main convicts in the high-profile Nitish Katara murder case, a crime that took place in 2002. Katara, a young business executive, was abducted and killed by the convict and others, allegedly over a personal relationship that did not meet family approval. The case attracted national attention for its brutal nature and the influential backgrounds of those involved.
Yadav had been sentenced to 20 years in prison without the possibility of remission, a fixed term which he has now completed.
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