‘Tell us if its rarest of rare, and we’ll decide this today’- Justice Khehar on Nitish Katara murder case

The Nitish Katara murder case has reached the Supreme Court of India once again. A Bench of JS Khehar and Banumathi JJ. heard a petition filed by convicts Vikas Yadav, Vishal Yadav and Sukhdev Pehelwan..The three had been awarded life imprisonment by the trial court with the same being upheld by the Delhi High Court..The Delhi High Court had further enhanced the life sentences awarded to Vikas Yadav and his cousin Vishal Yadav to 30 years’ imprisonment, of which 25 years would be without remission. It is this order that was challenged..During the last hearing, the Bench had categorically refused to interfere with the High Court’s order and had upheld the conviction. However it had agreed to hear the Petitioners on the limited ground of sentencing..The Delhi Government had also filed a petition seeking enhancement of sentence awarded to the convicts. Today the Bench heard both these petitions together and dismissed the government’s appeal seeking death penalty for the killers..Senior Advocates Gopal Subramanium and Dayan Krishnan appeared for the Delhi Government, with Subramanium vehemently arguing in favor of the death penalty as punishment..However the Bench refused to budge. While Justice Banumathi pointed out that Court had previously dismissed Neelam Katara’s (Nitish’s mother) plea for a death sentence, Justice Khehar was his usual assertive self when he remarked,.“Earlier orders passed by the Courts were harsh merely because it was brought to the notice of the Court that they (Yadavs) were utilising their political clout to evade jail. Now he is already in jail and has served time for 12-13 years. The crime also does not fall under the rarest of rare category. You show us if it falls under rarest of rare and we will decide this today itself.”.Justice Khehar further said,.“In a case as important as this, it should be sufficiently debated and discussed whether there is a balance that can be struck between a punishment that is more than life imprisonment but falls short of a death sentence. And we will need your assistance for that aspect.” .After hearing the arguments, the Bench dismissed the Delhi Govt’s appeal while posting Vikas Yadav’s petition to February next year.