Nitish Katara
Encyclopedia
Nitish Katara was a 24-year-old India
n business executive in Delhi
, who was murdered in the early hours of February 17, 2002, by Vikas Yadav
the son of influential criminal-politician D. P. Yadav
. Nitish had recently graduated from the Institute of Management Technology, Ghaziabad, where, he had fallen in love with his classmate, Bharti Yadav
, sister of Vikas.
The trial court held that Nitish's murder was an honour killing because the family did not approve their relationship. Vikas and Vishal Yadav were later found guilty by the trial Court and awarded life sentence on 30 May 2008.
The Yadav family never approved of the relationship between the two, and Katara received threats several times. However, he was an idealist, and believed in "standing up to injustice". On the night of 17 February 2002, the couple attended a common friend's wedding, where Yadavs's brother, Vikas, and a cousin were present as well. From there, Katara was taken for a drive by Yadav's brother Vikas Yadav and Vishal Yadav, and never returned. Three days later, Katar's body was found beside the highway; he had been battered to death with a hammer, diesel poured on him, and set aflame.
Why the Yadav family did not approve of the alliance is not clear. In his confession to the police, Vikas Yadav
stated that "the affair was damaging our family's reputation". Nitish was threatened several times, and Bharti was tense about how her family might react.
After the wedding, four people remembered seeing Vikas Yadav and his cousin Vishal Yadav take Katara into their Tata Safari
SUV. His friends thought he would be returning soon, but when they had not returned till well past midnight, Bharat Divakar, who had accompanied Nitish to the wedding in a taxi, went to their house. It was 3 AM when Neelam Katara opened the door, and she immediately called Bharti. It turned out that Bharti herself was trying to find out Nitish's whereabouts. She asked Neelam "to go to the police, adding that maybe her brothers — Vikas and Vishal — had taken Nitish to Punjab". Bharti is thought to have called her sister Bhavna Yadav, whose registered mobile phone number was used all night to call many friends of the couple, as well as Neelam Katara.
Yadav also gave Neelam Katara her father's number, and after a fruitless visit to the police, at 8 in the morning, Neelam called D. P. Yadav, who did not know where Vikas or Nitish might be.
Next morning, the police found a battered and burned body at Khurja
, 80 km from the wedding venue. The body had been so badly beaten that "the digestive system had fallen out".
}}
At 11 in the morning, Neelam Katara filed a First Information Report
. Based on initial statements by her and Bharti Yadav, warrants were issued for Vikas and Vishal.
Another police constable, Brij Mohan Mishra, who was at the Dabra police station where the Yadavs were brought after being arrested, said in court, "The accused persons themselves said that they had murdered Nitish Katara after kidnapping him. He added that he had told inspector Bidhoria about the disclosure, but Bidhoria 'did not produce me before any magistrate to get my statement recorded'." It was reported that Bidhoria is a business associate of D P Yadav, but he denied that this fact may have had any bearing on his actions.
After being handed over to the U.P. police, they gave a more detailed confession on having kidnapped and killed Nitish Katara, which the Police recorded on audiotape. In May 2006, the NDTV
news channel managed to obtain the tape and broadcast it. In this confession, Yadav admitted to taking Katara from the party, murdering him, and burning the body.
Although this confession, which was made a week or so after the murder, was not formalized before a magistrate, and was therefore not admissible as evidence in court, the fact that the hammer and watch were found based on this deposition may have weighed with the trial court when it reached its verdict.
Bharti Yadav, whose testimony was being sought in the trial, moved to London
for an extended period shortly after the murder. From there, she apparently sent some e-mails to Katara's brother, which blame her father D. P. Yadav for sanctioning the murder. In her subsequent court testimony however, she has claimed that the account was not hers.
Lawyers on her behalf made 39 appeals that she be relieved. In March 2005, the Uttar Pradesh state prosecution counsel also moved that she not be called.
Initially, Bharti told a policewoman of her love for Nitish. But in March 2002, within two weeks of this initial verbal statement, a team of the Ghaziabad police headed by Dr Dharam Veer Singh and Anil Samanya met Bharati Yadav and D. P. Yadav, at his Rajya Sabha
residence (at the time, D. P. Yadav
was a Member of Parliament with the Bharatiya Janata Party
). She told them that "her relationship with Nitish was like that of a classmate and there was nothing special about them."
Immediately after this, Bharti Yadav went to London to study and "was believed to have been working as a staff nurse". The family strongly resisted her being called as a witness. She could not be contacted, and repeated warrants and non-bailable warrants were not heeded to.
By March 2004, all other witnesses in the case had been examined, except for Bharti Yadav. Pressure mounted on getting Bharti Yadav to testify. After a year without success, the UP prosecuting team dropped her as a prosecution witness, which was challenged by Neelam Katara, saying that she was a material witness, and in dropping her, the prosecution may have been influenced by D. P. Yadav.
Delhi prosecutor Mukta Gupta in September 2005 said that
"it showed the malafide intention of the Uttar Pradesh Prosecutor to request for dropping of Bharti as witness".
In October 2005, the court ruled that she was a material witness and would be required to testify.
In August 2006, the Supreme Court, responding to an appeal from Nitish Katara's mother, shifted the trial from Ghaziabad to Delhi
because of D. P. Yadav's considerable influence in the area, including its administration and judiciary.
Meanwhile, despite several court warrants, Bharti still could not be traced. In May 2006, Bharti Yadav's passport was revoked by the Ministry of External Affairs
, so that her stay in UK was technically illegal. Furthermore, her visa was expiring on November 30, making it difficult for her to continue living in the UK.
In May 2006, D. P. Yadav
stated in court that he did not know his daughter's whereabouts.
On 2006-07-22, an application was moved by Bharti's maternal uncle Bharat Singh (a member of the UP Legislative Council
), requesting that she be permitted to testify via Video conferencing. However, the court turned down this request noting that "since she has chosen to stay away from the court, thereby delaying the proceedings substantially, the court was satisfied that she had absconded by avoiding appearance before the court despite having sufficient knowledge of the proceedings pending in the court where her presence as a witness was required".
In danger of being declared proclaimed offender, under which circumstance she could have been arrested and deported from London
, Bharti finally returned to depose before the court. Based on her convenience, November 25, 2006 was set for her testimony, and she was assured that she would not be detained upon arrival. The trial court permitted her to testify in camera
, ruling out the media, but permitting the defendant's parents, as well as Neelam Katara, to attend.
In her actual testimony, Yadav denied any romantic attachment to Katara, and said that they had simply been close friends. She also denied having sent certain emails. However, she acknowledged having sent the cards and gifts. The prosecution stated that this evidence was key in obtaining the eventual conviction, as it established motive.
He also denied having stated that Bharti and Nitish were lovers.
Another constable, Inderjeet, who had initially testified to seeing Vikas, Vishal, and Sukhdev Pehalwan with Nitish in the Tata Safari on the night of February 16, now denied this in language remarkably similar to other retractions:
"it was wrong to suggest that he had seen the three accused with the victim in a Tata Safari".
In June 2007, Ajay Kumar (also referred to as Ajay Katara, but not a relative) had filed a complaint to the police that "he was under pressure to withdraw from the case" and that "his life was in danger". He was then assigned four personal security officers (PSOs) on the orders of the trial court.
On July 12, 2007, two brothers, Manoj and Anuj Sharma, called him to the Mohan Nagar temple saying he could meet his separated wife there to sort out his domestic problems. Three more people were apparently waiting nearby in a car. But his wife never showed up and the Sharmas bought him some chaat
. Right after eating it, Ajay suddenly took very ill, vomiting and complaining of stomach cramps. He immediately went to hospital, where he was treated for food poisoning. A case has been registered against D. P. Yadav and four others on suspicion of having poisoned Ajay Kumar.
, at 3AM on the night of 16–17 February 2002, for attending a ceremony the following day. He also submitted photographs showing Vikas Yadav at the ceremony.
Vikas and Vishal were found guilty by the trial court on 28 May 2008. Both were awarded life imprisonment on 30 May 2008. The convicts have stated that they would appeal against the decision in the higher courts.
In November 2009, Vikas Yadav was granted bail to attend the arranged marriage of Bharti to a local businessman. Vikas Yadav was granted bail 66 times in the first two years of his incarceration, often with no clear reason documented. Nitish Katara's mother accused the jail authorities of colluding with Yadav's influential family and requested a formal investigation. The Delhi High Court accused Vikas Yadav of repeatedly becoming involved in criminal activities whilst out on bail, including involvement in the Jessica Lal case,, as well as absconding on two occasions.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n business executive in Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
, who was murdered in the early hours of February 17, 2002, by Vikas Yadav
Vikas Yadav
Vikas Yadav in Hindi विकास यादव is the son of the noted criminal-politician from Uttar Pradesh, D.P. Yadav, and his politician wife Umlesh Yadav, both of whom are currently member of the state legislative assembly in Uttar Pradesh...
the son of influential criminal-politician D. P. Yadav
D. P. Yadav
Dharam Pal Yadav in Hindi धरम पाल यादव is an Indian politician, once described as the "unrivalled don of western Uttar Pradesh". He entered the state politics of Uttar Pradesh initially as a representative of the Samajwadi Party in 1989, held ministerial office and then joined with the Bharatiya...
. Nitish had recently graduated from the Institute of Management Technology, Ghaziabad, where, he had fallen in love with his classmate, Bharti Yadav
Bharti Yadav
Bharti Yadav is the daughter of the politicians D. P. Yadav and Umlesh Yadav. In 2002, she fell in love with Nitish Katara, a 24-year-old business executive who was a student in her college. However, her brother and her cousin were against this relationship...
, sister of Vikas.
The trial court held that Nitish's murder was an honour killing because the family did not approve their relationship. Vikas and Vishal Yadav were later found guilty by the trial Court and awarded life sentence on 30 May 2008.
The Yadav family never approved of the relationship between the two, and Katara received threats several times. However, he was an idealist, and believed in "standing up to injustice". On the night of 17 February 2002, the couple attended a common friend's wedding, where Yadavs's brother, Vikas, and a cousin were present as well. From there, Katara was taken for a drive by Yadav's brother Vikas Yadav and Vishal Yadav, and never returned. Three days later, Katar's body was found beside the highway; he had been battered to death with a hammer, diesel poured on him, and set aflame.
Relationship
By 2002, Katara and Bharti Yadav were an established couple; they had been seeing each other for over four years. In her court testimony in 2006, Bharti Yadav denied any relationship beyond friendshipWhy the Yadav family did not approve of the alliance is not clear. In his confession to the police, Vikas Yadav
Vikas Yadav
Vikas Yadav in Hindi विकास यादव is the son of the noted criminal-politician from Uttar Pradesh, D.P. Yadav, and his politician wife Umlesh Yadav, both of whom are currently member of the state legislative assembly in Uttar Pradesh...
stated that "the affair was damaging our family's reputation". Nitish was threatened several times, and Bharti was tense about how her family might react.
The friend's wedding
On 2002-02-16, Yadav and Katara attended a friends wedding in Ghaziabad. Bharti's mother, her brother Vikas and sister Bhavna were all there.After the wedding, four people remembered seeing Vikas Yadav and his cousin Vishal Yadav take Katara into their Tata Safari
Tata Safari
The Tata Safari is an SUV produced by Tata Motors of India. It is the first SUV to be designed, developed and manufactured "entirely" in India.-Body and trim options:The SUV was first released in 1998 with a 2.0 litre Turbo Diesel engine....
SUV. His friends thought he would be returning soon, but when they had not returned till well past midnight, Bharat Divakar, who had accompanied Nitish to the wedding in a taxi, went to their house. It was 3 AM when Neelam Katara opened the door, and she immediately called Bharti. It turned out that Bharti herself was trying to find out Nitish's whereabouts. She asked Neelam "to go to the police, adding that maybe her brothers — Vikas and Vishal — had taken Nitish to Punjab". Bharti is thought to have called her sister Bhavna Yadav, whose registered mobile phone number was used all night to call many friends of the couple, as well as Neelam Katara.
Yadav also gave Neelam Katara her father's number, and after a fruitless visit to the police, at 8 in the morning, Neelam called D. P. Yadav, who did not know where Vikas or Nitish might be.
Next morning, the police found a battered and burned body at Khurja
Khurja
Khurja is a city in the Bulandshahr district in the Indian state of Uttar Pradesh. It is situated around 85 km from Delhi...
, 80 km from the wedding venue. The body had been so badly beaten that "the digestive system had fallen out".
}}
At 11 in the morning, Neelam Katara filed a First Information Report
First Information Report
A First Information Report or FIR is a written document prepared by the police in India, Pakistan and Japan when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First...
. Based on initial statements by her and Bharti Yadav, warrants were issued for Vikas and Vishal.
Arrest and confessions
Inspector Ashok Bidhoria arrested Vikas and Vishal Yadav in Dabra, and in his original statement to the court, he said that the Yadavs had confessed having kidnapped Katara from Kavi Nagar, Ghaziabad. However, under cross-examination the inspector changed his stand saying the accused persons made no confessional statements in his presence.Another police constable, Brij Mohan Mishra, who was at the Dabra police station where the Yadavs were brought after being arrested, said in court, "The accused persons themselves said that they had murdered Nitish Katara after kidnapping him. He added that he had told inspector Bidhoria about the disclosure, but Bidhoria 'did not produce me before any magistrate to get my statement recorded'." It was reported that Bidhoria is a business associate of D P Yadav, but he denied that this fact may have had any bearing on his actions.
After being handed over to the U.P. police, they gave a more detailed confession on having kidnapped and killed Nitish Katara, which the Police recorded on audiotape. In May 2006, the NDTV
NDTV
NDTV is an Indian commercial broadcasting television network founded in 1988. It was founded by Prannoy Roy, an eminent journalist and current chairman and director of NDTV Group. NDTV currently has more than 1,000 employees producing news from over twenty locations in India...
news channel managed to obtain the tape and broadcast it. In this confession, Yadav admitted to taking Katara from the party, murdering him, and burning the body.
Although this confession, which was made a week or so after the murder, was not formalized before a magistrate, and was therefore not admissible as evidence in court, the fact that the hammer and watch were found based on this deposition may have weighed with the trial court when it reached its verdict.
Bharti Yadav, whose testimony was being sought in the trial, moved to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
for an extended period shortly after the murder. From there, she apparently sent some e-mails to Katara's brother, which blame her father D. P. Yadav for sanctioning the murder. In her subsequent court testimony however, she has claimed that the account was not hers.
Bharti Yadav Testimony
Considerable drama and media attention focused on the protracted struggle (over four and a half years) to obtain the testimony of Bharti Yadav. Her reluctance to testify only highlighted media speculation that the family was worried her testimony might go against her own brother.Lawyers on her behalf made 39 appeals that she be relieved. In March 2005, the Uttar Pradesh state prosecution counsel also moved that she not be called.
Initially, Bharti told a policewoman of her love for Nitish. But in March 2002, within two weeks of this initial verbal statement, a team of the Ghaziabad police headed by Dr Dharam Veer Singh and Anil Samanya met Bharati Yadav and D. P. Yadav, at his Rajya Sabha
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
residence (at the time, D. P. Yadav
D. P. Yadav
Dharam Pal Yadav in Hindi धरम पाल यादव is an Indian politician, once described as the "unrivalled don of western Uttar Pradesh". He entered the state politics of Uttar Pradesh initially as a representative of the Samajwadi Party in 1989, held ministerial office and then joined with the Bharatiya...
was a Member of Parliament with the Bharatiya Janata Party
Bharatiya Janata Party
The Bharatiya Janata Party ,; translation: Indian People's Party) is one of the two major political parties in India, the other being the Indian National Congress. Established in 1980, it is India's second largest political party in terms of representation in the parliament...
). She told them that "her relationship with Nitish was like that of a classmate and there was nothing special about them."
Immediately after this, Bharti Yadav went to London to study and "was believed to have been working as a staff nurse". The family strongly resisted her being called as a witness. She could not be contacted, and repeated warrants and non-bailable warrants were not heeded to.
By March 2004, all other witnesses in the case had been examined, except for Bharti Yadav. Pressure mounted on getting Bharti Yadav to testify. After a year without success, the UP prosecuting team dropped her as a prosecution witness, which was challenged by Neelam Katara, saying that she was a material witness, and in dropping her, the prosecution may have been influenced by D. P. Yadav.
Delhi prosecutor Mukta Gupta in September 2005 said that
"it showed the malafide intention of the Uttar Pradesh Prosecutor to request for dropping of Bharti as witness".
In October 2005, the court ruled that she was a material witness and would be required to testify.
In August 2006, the Supreme Court, responding to an appeal from Nitish Katara's mother, shifted the trial from Ghaziabad to Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
because of D. P. Yadav's considerable influence in the area, including its administration and judiciary.
Meanwhile, despite several court warrants, Bharti still could not be traced. In May 2006, Bharti Yadav's passport was revoked by the Ministry of External Affairs
Ministry of External Affairs
Ministry of External Affairs may refer to:* Ministry of External Affairs * Ministry of External Affairs * Ministry of External Affairs * Ministry of External Affairs and Defence...
, so that her stay in UK was technically illegal. Furthermore, her visa was expiring on November 30, making it difficult for her to continue living in the UK.
In May 2006, D. P. Yadav
D. P. Yadav
Dharam Pal Yadav in Hindi धरम पाल यादव is an Indian politician, once described as the "unrivalled don of western Uttar Pradesh". He entered the state politics of Uttar Pradesh initially as a representative of the Samajwadi Party in 1989, held ministerial office and then joined with the Bharatiya...
stated in court that he did not know his daughter's whereabouts.
On 2006-07-22, an application was moved by Bharti's maternal uncle Bharat Singh (a member of the UP Legislative Council
Vidhan Parishad
The Vidhan Parishad is the upper house in those states of India that have a bicameral legislature. , six states have a Legislative Council: Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh...
), requesting that she be permitted to testify via Video conferencing. However, the court turned down this request noting that "since she has chosen to stay away from the court, thereby delaying the proceedings substantially, the court was satisfied that she had absconded by avoiding appearance before the court despite having sufficient knowledge of the proceedings pending in the court where her presence as a witness was required".
In danger of being declared proclaimed offender, under which circumstance she could have been arrested and deported from London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, Bharti finally returned to depose before the court. Based on her convenience, November 25, 2006 was set for her testimony, and she was assured that she would not be detained upon arrival. The trial court permitted her to testify in camera
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
, ruling out the media, but permitting the defendant's parents, as well as Neelam Katara, to attend.
In her actual testimony, Yadav denied any romantic attachment to Katara, and said that they had simply been close friends. She also denied having sent certain emails. However, she acknowledged having sent the cards and gifts. The prosecution stated that this evidence was key in obtaining the eventual conviction, as it established motive.
Witnesses turn hostile
Of the four people at the wedding who had initially said they saw Nitish go into the car with Vikas, three had already withdrawn their testimony. Only Rohit Gaur, brother of Shivani Gaur, whose wedding it was, was left as having seen Vikas and Vishal taking Nitish in his car. However, on September 26, 2006, he made the following statement in court:- It is incorrect to suggest that I informed the police that on the day of the marriage, around midnight, Vishal came near Nitish Katara and had a conversation with him and took him outside where Vikas Yadav was present and that both Vikas and Vishal took Nitish in their vehicle.
He also denied having stated that Bharti and Nitish were lovers.
Another constable, Inderjeet, who had initially testified to seeing Vikas, Vishal, and Sukhdev Pehalwan with Nitish in the Tata Safari on the night of February 16, now denied this in language remarkably similar to other retractions:
"it was wrong to suggest that he had seen the three accused with the victim in a Tata Safari".
Ajay Kumar
In a decision refusing bail to Sukhdev Pehalwan in April 2007, Justice B.D. Ahmed pointed to the relevance of the testimony of passerby Ajay Kumar, who had seen them on the fateful night:- Ajay Kumar who, in his Section 161 Cr. P.C. Statement, is reported to have stated that on the intervening night 16-17.2.2002, he was traveling on his two wheeler (Scooter) from 47th Battalion, PAC Quarters towards Delhi when, around 12:30 a.m. at the Hapur Toll Tax Crossing his scooter broken down. Shortly thereafter, a Tata Safari driven by the accused Vikas Yadav came from behind from the direction of Police Station Kavi Nagar, Ghaziabad and the said Vikas Yadav asked him to remove his scooter immediately. It is stated that the said Ajay Kumar saw one person who had a round face and a fair complexion and was wearing a red Kurta and who had covered his shoulder with a white shawl sitting next to Vikas Yadav in the Tata Safari. The said witness (Ajay Kumar) has also reported to have seen Vishal Yadav and the petitioner on the back seat.
In June 2007, Ajay Kumar (also referred to as Ajay Katara, but not a relative) had filed a complaint to the police that "he was under pressure to withdraw from the case" and that "his life was in danger". He was then assigned four personal security officers (PSOs) on the orders of the trial court.
On July 12, 2007, two brothers, Manoj and Anuj Sharma, called him to the Mohan Nagar temple saying he could meet his separated wife there to sort out his domestic problems. Three more people were apparently waiting nearby in a car. But his wife never showed up and the Sharmas bought him some chaat
Chaat
Chaat is a term describing savoury snacks, typically served at road-side tracks from stalls or carts in India. With its origins in east India, chaat has become immensely popular in the rest of India and the rest of South Asia...
. Right after eating it, Ajay suddenly took very ill, vomiting and complaining of stomach cramps. He immediately went to hospital, where he was treated for food poisoning. A case has been registered against D. P. Yadav and four others on suspicion of having poisoned Ajay Kumar.
Kumar Diwan
In July 2007, one Pawan Kumar Diwan suddenly showed up for the defence, saying that Vikas Yadav had come to his house in KarnalKarnal
Karnal is an important city and the headquarters of Karnal District in the Indian state of Haryana.Karnal is said to have been founded by the Kauravas in the Mahabharata era for the king Karna, a mythological hero and a key figure in the epic tale...
, at 3AM on the night of 16–17 February 2002, for attending a ceremony the following day. He also submitted photographs showing Vikas Yadav at the ceremony.
Vikas and Vishal were found guilty by the trial court on 28 May 2008. Both were awarded life imprisonment on 30 May 2008. The convicts have stated that they would appeal against the decision in the higher courts.
Decision
On May 30, 2008 New Delhi fast track court sentenced Vikas and Vishal Yadav to life sentences for the kidnap and murder of Nitish Katara. Both were also fined Rs.1.6 lakh each.In November 2009, Vikas Yadav was granted bail to attend the arranged marriage of Bharti to a local businessman. Vikas Yadav was granted bail 66 times in the first two years of his incarceration, often with no clear reason documented. Nitish Katara's mother accused the jail authorities of colluding with Yadav's influential family and requested a formal investigation. The Delhi High Court accused Vikas Yadav of repeatedly becoming involved in criminal activities whilst out on bail, including involvement in the Jessica Lal case,, as well as absconding on two occasions.