Nitish Katara Murder: Curious Case Of 'Plea Without Petitioner' In SC Against 'Star' Witness Ajay Katara

The case came up in the court when the petitioner in who's name the petition was filed informed the top court that he never filed such a plea.

The plea was filed against Ajay Katara, who was a key witness in the high profile murder case in which the son and nephew of former MP DP Yadav were sentenced to 25 years in prison.

Source : ANI

The Supreme Court in a recent order has directed the Central Bureau of Investigation (CBI) to investigate a case where the petitioner denied filing any petition in the court against the Allahabad High Court order that had quashed criminal proceedings against the 'star' witness in the 2002 Nitish Katara Murder case. 

The plea was filed against Ajay Katara, who was a key witness in the high profile murder case in which the son and nephew of former MP DP Yadav were sentenced to 25 years in prison. The top court was informed that the case was filed in an attempt to continue the false case against Ajay Katara. 

The top court on Friday ordered a CBI probe into what it called a fraud played on it by some advocates and others who filed a fake petition, allegedly to falsely implicate Ajay Katara in a criminal case. The case came up in the court when the petitioner in who's name the petition was filed informed the top court that he never filed such a plea. 

The petitioner in question told the court that he came to Delhi to register a complaint in the Supreme Court after he came to know about such a petition being filed in his name. The case had accused Ajay Katara and others of raping the daughter of the person named in petition. However, the person named in the petition told the court that he was not aware of any such case.

The Allahabad High Court has already quashed the said case against Katara, however a plea challenging the high court order was filed in the top court. The person told the court that he has no knowledge of any such case and has not met his daughter and her husband since they eloped in 2013.

"I say that I have never instructed any Advocate on Record or Advocate for filing the present Special Leave Petition, on my behalf and in my name before this Hon'ble Court. I further say that I have never visited the office of any of the Advocate or Advocate on Record either in New Delhi or at Allahabad for the purpose of signing the vakalatnama, affidavit or for filing the present Special Leave Petition, in any manner whatsoever. Further, I have also not travelled to Allahabad since the year 2014 for any purpose. I further say that I was not even aware about the filing, pendency and disposal of...before the Hon'ble Allahabad High Court, which passed the judgment dated 16.12.2019, now under challenge in the present Special Leave Petition,” the alleged petitioner told the court.

After noting the facts of the case the court opined that the other respondents in the case (including daughter of the person named as petitioner) with the able assistance of a battery of advocates in the Supreme Court and many other unknown persons had made brazen attempts to falsely implicate Ajay Katara by filing false proceedings in the name of the person in the High Court and Supreme Court, by filing false and fabricated documents.

The court noted that the person on whose behalf the petition has been filed never met any of the said Advocates nor had instructed any advocates to file the proceedings in the High Court or the Supreme Court. The court further noted that the person also never met his daughter (alleged rape victim) and her husband since the time they had eloped and married with each other in 2013.

 The court noted that the daughter, her husband, Advocates and other unknown people had tried to misuse and abuse the process of law and malign the stream of justice.

The top court took strong exception to the misuse of judicial process and said that Ajay Katara is made to suffer for being a witness in the said case by being implicated in at least 35 false cases.

The court noted that Ajay Katara was subjected to 30 continuous threats and still continues to be under pressure for having appeared as the witness in the high profile murder and honour killing case.

"It is also very pertinent to note that as stated earlier, the said Respondent no.2-Ajay Katara was the star witness in the famous Nitish Katara Murder Case and on the basis of his evidence along with the other evidence the accused in the said case namely Vikas Yadav and Vishal Yadav, (who happened to be the son and nephew of D.P. Yadav, ExMinister and Member of Parliament) were convicted and sentenced to imprisonment for life by the trial court. In the appeal, the High Court had confirmed the conviction and further ordered that the said two accused shall not be entitled to any remission till they have completed 25 years of actual sentence. The said judgment was also confirmed by the Supreme Court," the order said.

The court added that Katara is made to suffer for being a witness in the said case. As stated by him in the affidavit, he was subjected to 30 continuous threats and still continues to be under pressure for having appeared as the witness. Katara told the top court that that before the Nitish Katara murder case, he had no case civil or criminal filed against him, and after the said case, he has been continuously targeted with a campaign of false and frivolous cases and named in around thirty-seven cases, including the present one at the behest of Yadav family and their associates. However, he has been cleared in 35 out of 37 cases.

A bench of Justices Bela M Trivedi and Satish Chandra Sharma had reserved the verdict on September 9. The verdict was delivered on September 20, which ordered a CBI probe into the fake case.

“In the extraordinary facts and circumstances, and considering the gravity and seriousness of the case, when the High Court and Supreme Court were sought to be taken for a ride and when the entire justice delivery system was sought to be put to stake, by respondent 3, the respondent, and their concerned associates and the advocates, who helped them in forging and fabricating the documents to be filed in the High Court and Supreme Court, and to pursue the false proceedings filed in the name of Bhagwan Singh without his knowledge, consent or authority, we deem it appropriate to hand over the investigation of the case to the CBI,” the court said.