Another Delhi High Court judge today recused himself from hearing the plea of Vishal Yadav, one of the three convicts in Nitish Katara murder case, seeking three months parole to attend his younger brother's wedding.
Justice S P Garg referred Vishal's plea to a larger bench and became the second judge after Justice Veena Birbal who had recused from hearing the plea.
The counsel, appearing for Vishal, has contended "Vishal's presence on the occasion was necessary as there was no other male member to look after the wedding arrangements".
The lawyer said he has already undergone a sentence of more than nine and half years without remission and has never misused the bail granted to him earlier.
Recently, a bench of justices Gita Mittal and J R Midha had upheld the trial court verdict in the case and convicted Vishal, his cousin Vikas and Sukhdev Pehalwan for kidnapping and murder.
The bench, which has termed the offence as honour killing, would hear arguments on the quantum of sentence on May 16.
The trial court had in May 2008 awarded life sentence to Vikas, Vishal and Pehlwan for the murder of Nitish Katara.
Nitish, belonging to Katara caste, was abducted and killed by Vikas, Vishal and Pehalwan on the night of February 17, 2002 as the Yadavs did not approve the victim's affair with Bharti, daughter of D P Yadav, as they belong to different castes, the high court had said while upholding their conviction on April 3.
