Supreme Court delivers key verdict on life imprisonment: 'Free convicts who have served fixed terms'
PTC Web Desk: In a significant ruling on Tuesday, the Supreme Court directed that all convicts who have completed their prison sentences must be released without delay. The Bench, comprising Justice BV Nagarathna and Justice KV Vishwanathan, instructed the Home Secretaries of all states and union territories to review prison records and ensure compliance with the order.
The apex court referred to its earlier judgment from last month in the case of Sukhdev Yadav, also known as Pehalwan, a convict in the high-profile 2002 Nitish Katara murder case. Pehalwan had been sentenced to a fixed-term life imprisonment of 20 years, which concluded on March 9 this year. Despite completing his term, his release was denied by the Sentence Review Board, citing his conduct during incarceration.
Challenging the decision, Pehalwan approached the Supreme Court, which on July 29 ordered his immediate release. The court clarified that for convicts sentenced to a fixed-term life sentence—or any sentence other than a full life term—no special remission order from the Sentence Review Board is required for release after completing the term. Such remission is only necessary for those sentenced to spend the remainder of their natural lives in prison.
Criticising the delay in releasing convicts who have served their term, the Bench remarked, “What kind of behaviour is this? If this attitude continues, every convict will die in jail.”
During the July hearing, Additional Solicitor General Archana Pathak Dave, representing the Delhi government, argued that Pehalwan’s 20-year life term without remission meant he could not seek a lesser sentence within that period, and that a life term generally implies imprisonment for the remainder of one’s life. However, senior advocate Siddharth Mridul, appearing for Pehalwan, countered that his sentence had ended on March 9 and there was no legal basis for withholding his release.
Earlier, the Supreme Court had granted Pehalwan a three-month furlough—temporary leave from prison—after he had served 20 uninterrupted years, following the Delhi High Court’s November 2024 order rejecting his furlough plea.
Pehalwan was sentenced to a 20-year life term in October 2016 for his role in the abduction and murder of Delhi businessman Nitish Katara. Two other convicts, Vikas Yadav and his cousin Vishal Yadav, received 25-year sentences without remission.
The Nitish Katara case, which drew national attention, dates back to February 16, 2002, when Katara was abducted from a marriage party and murdered over his alleged relationship with Bharti Yadav, sister of Vikas Yadav. Bharti is the daughter of former Rajya Sabha MP DP Yadav from Uttar Pradesh.
- With inputs from agencies