Plea of Katara murder accused questionedMay 23rd, 2008 - 1:50 am ICT by admin
New Delhi, May 22 (IANS) The prosecution in the Nitish Katara murder trial Thursday questioned a petition moved by the accused on the basis of a sting operation. Special Public Prosecutor B.S. Joon in its reply to the petition questioned its maintainability. He said it was misleading and moved without any substance.
“The purpose of filing an application is to delay and defeat the ends of justice,” the reply said.
In an undercover operation carried out by the Metro Now newspaper and published earlier this month, Ajay Katara, a key prosecution witness, purportedly admitted he was a planted witness.
Moving an application before Additional Sessions Judge Ravinder Kaur, the two accused demanded that the content of the CD of the sting operation be brought on record.
According to the expose, Ajay was not present in Ghaziabad when the murder took place in 2002.
The prosecution reply also mentioned that the accused had earlier filed a similar application questioning Ajay’s authenticity but it was dismissed by the Delhi High Court in September last year.
“The application of the accused persons did not specify the names of the witnesses they want to examine. Moreover, they did not even mention the fact that they want to cross examine Ajay Katara which shows that the CD in question is false, fake, tainted and fabricated and is liable to be discarded,” the reply said.
It furthers stated that nobody has the right to misuse the courts by adopting dubious modes.
The court will pronounce its order May 24, the next date of hearing.
Vikas Yadav and Sukhdev Pehalwan, accused in the murder, had moved the fresh application under the Criminal Procedure Code (CrPC). Yadav said the video recording was “very important for arriving at a just decision in the case”.
“Since the trial is divided into two parts and the judgement in one case is pronounced, it is going to affect the case of the applicant immediately and the applicant will not be getting justice,” he said in his application.
Nitish Katara, son of a senior Indian Administrative Service (IAS) officer, was allegedly kidnapped and murdered by Vikas Yadav, his cousin Vishal Yadav and Sukhdev on the night of Feb 16-17, 2002.
They resented Nitish’s alleged relationship with Vikas’s sister Bharati, according to the prosecution.
Nitish’s body was recovered from Khurja village in Bulandshahar in Uttar Pradesh.