In the murder case of Nitish Katara in 2002, Vikas Yadav was sentenced for 25 years. On Monday, he moved the Supreme Court challenging a verdict of Constitution Bench that said courts can specify the length jail of term for murder convicts.
Yadav was asked by the top court if he will be able to challenge through a first plea, the validity of a verdict which was already attained finality.
Vikas Yadav was sentenced for 25 years on October 3, 2016, bt the Supreme Court. He and his cousin Vishal were not given any chance of remission for they were the main accused persons in the sensational kidnapping and killing of 24-year-old Indian business executive Nitish Katara in Delhi. Sukhdev Pehalwan, another accused in the case was given a 20-year jail term.
Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna headed a bench which was hearing Vikas Yadav’s new plea, alleging that “no special category of sentence in substitution to the life sentence or the death penalty could be imposed upon the persons guilty of offense of murder under section 302 of the IPC”.
It also stated that “Tell us how can we re-open this issue by entertaining your writ petition under Article 32 of the Constitution in view of the Constitution Bench judgment which had said that the courts are empowered to award sentence for a fixed period without any benefit of remission (to a convict).”
Questioning his move the bench said, “Your grievance seemed to be against the Constitution bench judgment and can you do this by filing a fresh writ petition?”
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