IndiaVishal sought parole on the ground that he could get infected by coronavirus or tuberculosis as he had earlier suffered from TB in view of overcrowding and poor sanitation facilities in the prison.
In its status report placed before Justice V Kameswar Rao, Delhi Police has said that the prison records indicate the convict's medical condition to be stable and he is not suffering from TB.
The report, filed through additional standing counsel (criminal) Rajesh Mahajan, also said that medical reports filed with the petition are of 2004, 2008, 2009 and 2010 and there is no material on record to show he is suffering from TB now.
It further said that material filed with the petition indicating vulnerability of TB patients to coronavirus or COVID-19 relates to patients currently suffering from TB and not those who suffered from it in the past.
Under the prison rules, grant of eight weeks 'emergency' parole during the coronavirus pandemic amounts to a remission of sentence, it said.
However, in this case, the High Court while sending Vishal to jail in February 2015 had directed that he be not considered for any remission till he completes 25 years of actual imprisonment.
"Consequently, he would not be entitled to grant of emergency parole as it amounts to grant of remission," the report said.
Another reason cited in the report for dismissing Vishal's plea was that he moved the court without first moving the competent authority for grant of parole in accordance with the rules.
The status report also said that there was a threat to the life of the victim's mother -- Neelam Katara -- and witness -- Ajay Katara -- and, therefore, Vishal does not deserve to be released on parole
The petition is listed for hearing on Friday.
Vishal has contended in his plea that due to his prolonged TB infection, his immune system is weak and coupled with the poor sanitation facilities in prison, he would be vulnerable to coronavirus.
On October 3, 2016, the Supreme Court had awarded 25-year jail term without any benefit of remission to Vikas Yadav and his cousin Vishal for their role in the sensational kidnapping and killing of Nitish Katara.
Another co-convict Sukhdev Pehalwan was also handed down a 20-year jail term in the case.
Prior to this, the Delhi High Court, while upholding the life imprisonment awarded to Vikas and Vishal Yadav by the trial court, had specified a 30-year sentence, without any remission, to both of them. It had awarded a 25-year jail term to third convict Pehalwan.
All three were convicted and sentenced for kidnapping Nitish Katara from a marriage party on the intervening night of February 16-17, 2002 and then killing him for his alleged affair with Bharti Yadav, the sister of Vikas.
Bharti is the daughter of Uttar Pradesh politician D P Yadav who is in jail in connection with another murder case.
Katara was murdered as Vishal and Vikas Yadav did not approve of his affair with Bharti because they belonged to different castes, the lower court had said in its verdict. HMP SKV SA