Date:26/07/2007 URL: http://www.thehindu.com/2007/07/26/stories/2007072655200300.htm

New Delhi

Court rejects Vikas Yadav’s plea

Staff Reporter

NEW DELHI: The Delhi High Court has dismissed a petition by Vikas Yadav, prime accused in the Nitish Katara murder case, seeking directions to a court here to take an early decision on his application requesting the trial judge to visit the site where a key witness in the case claimed to have seen Nitish Katara alive along with him (Vikas Yadav) in a Tata Safari.

The witness, Ajay Katara, has said in his deposition in the court of Additional Sessions Judge Ravinder Kaur conducting trial of the case that he had seen Nitish alive along with Vikas Yadav, his cousin Vishal Yadav and Sukhdev Pahelwan in the vehicle near the Hapur toll collection point in Ghaziabad when he was repairing his scooter in the middle of the road. The prosecution has cited Ajay Katara as the last person who had seen Nitish alive.

Ajay Katara has also identified the accused in the court as the ones who were travelling with Nitish in the vehicle. In his application filed in the trial court, Vikas Yadav submitted that Ajay Katara was a planted witness; therefore, the trial judge should visit the site and see for herself whether parking of a scooter in the middle of the road at the site would not leave enough space for a four-wheeler to pass by.

He further submitted that the road there was wide enough to allow a four-wheeler to pass by even if a two-wheeler was parked in the middle of the road.

Vikas Yadav had moved the High Court against the trial court’s decision to hear his application at the time of final arguments in the trial.

Opposing the decision, Vikas Yadav said any decision on his application after the final arguments would have no meaning as it would not be at the appropriate time.

However, the High Court chose not to interfere in the trial court’s order, saying that there was no merit in it.

Vikas Yadav, Vishal Yadav and Sukhdev Pahelwan are facing trial for allegedly kidnapping Nitish, son of a former IAS officer, and later killing him because Vikas Yadav was allegedly opposed to his sister having an affair with Nitish.