New Delhi: The Supreme Court on Friday dismissed
a petition filed by Uttar Pradesh government seeking
permission to file an appeal in the Nitish Katara murder case.
"After the case has been transferred outside Uttar
Pradesh, does it have anything to do with the case?" a Bench
comprising Chief Justice K G Balakrishnan and Justice Deepak
Verma asked the state government before declining its plea.
Besides Uttar Pradesh government, main accused in the
case Vikas Yadav, who has been sentenced to life imprisonment,
had also filed a similar petition which was heard together.
"Once the case is transferred outside the state, it is
the end of the matter (for that state government)," the Bench
said and questioned "why was the case shifted to Delhi".
"It is an assumption that the state prosecuting agencies
were unable to conduct fair trial," it further said.
Senior advocate Raju Ramachandran, appearing for the
state government, said an important question of law arises in
the case as to which state can file an appeal on transfer of a
case.
Uttar Pradesh government had contended that the Delhi
High Court was wrong in admitting the petition of the Delhi
Police in the case.
It was submitted by Ramachandran that since Uttar Pradesh
government was the prosecuting agency, it has the authority to
file any appeal against the trial court decision.
The trial of the case was shifted to the national capital
on the order of the Supreme Court after the victim's mother
Neelam Katara had approached it contending that there was
reasonable apprehension that she would not get fair trial in
the Ghaziabad court.
Vikas and Vishal Yadav, son and nephew of controversial
Uttar Pradesh politician D P Yadav, were convicted and awarded
life sentence for the kidnapping and murder of Katara, who was
close friend of their sister Bharti Yadav.
Katara was kidnapped from a marriage party on the night
of February 17, 2002 in Ghaziabad and was found murdered in
Bulandshehr.
PTI
First Published: Friday, February 19, 2010, 21:18