The Supreme Court on Tuesday ordered the immediate release of Sukhdev Yadav alias Pehalwan, a convict in the 2002 Nitish Katara murder case, after he completed his full sentence. The top court also issued a landmark directive to all states and Union territories to identify and release any prisoners still behind bars despite serving their entire term, provided they are not wanted in other cases.
Apex Court’s directive to all states and UTs
Hearing Pehalwan’s plea, a bench of Justice BV Nagarathna and Justice KV Viswanathan instructed the home secretaries of all states and Union territories to immediately release any convicts who have served their sentence but remain incarcerated without legal cause.
The order specifies that such prisoners must be freed at once if not wanted in any other case.
The bench directed that its order be sent to the Member Secretary of the National Legal Services Authority (NALSA), who will ensure the directive reaches all District Legal Services Authorities nationwide.
In June, the Supreme Court had granted a three-month furlough to Sukhdev Pehalwan, noting that he had served 20 years of uninterrupted incarceration without remission. Furlough, unlike remission, is a temporary release for long-term inmates.
Pehalwan’s latest plea challenged a Delhi High Court order from November 2024, which had rejected his request for a three-week furlough.
The 2002 Nitish Katara murder case
On October 3, 2016, the Supreme Court upheld the conviction of former cabinet minister DP Yadav’s son Vikas Yadav and his cousin Vishal Yadav, awarding them 25-year jail terms without remission for kidnapping and murdering Nitish Katara in February 2002.
Co-convict Sukhdev Yadav was sentenced to 20 years in prison. Katara, a business executive, was killed allegedly over his relationship with Bharti Yadav, Vikas Yadav’s sister.