NEW DELHI: The Delhi High Court on Tuesday turned down a plea moved by Vishal Yadav seeking parole to pursue the filing of an appeal in the Supreme Court against his conviction and life sentence in the killing of business executive Nitish Katara in 2002.
Vishal’s cousin Vikash Yadav is a co-accused in the case and serving a prison term. The high court noted that Vishal was granted custody parole in 2015 but he did not avail it. It said the consistent refusal to accept custody parole for filing of Special Leave Petition (SLP) before the apex court does not work to his advantage since it is not as if there is a denial in exercising a constitutional right, but rather to calibrate it and allow it along with safeguards which are necessary for securing life, liberty and protection of the victim and witnesses.
Even in 2018 when the high court had rejected his parole, it had noted that the petitioner would be granted custody parole for filing an SLP and an application in that regard could be moved. This opportunity was not availed at that stage as well, which also does not work to the advantage of the petitioner, the court said.
Justice Anish Dayal said Vishal’s contention of denial of a constitutional right in the context of the plea for parole, therefore, has to be appreciated, viewed, weighed, sifted and winnowed in this light and not viewed in isolation. “The petitioner (Vishal) is not precluded from pursuing his remedy to file an SLP before the Supreme Court, irrespective that it is 8 years after the decision that he wishes to assail,” the high court said.