Uttar Pradesh government had contended that the Delhi high court was wrong in admitting the petition of the Delhi police in the case.
The Supreme Court today dismissed a petition filed by Uttar Pradesh government seeking permission to file an appeal in the Nitish Katara murder case.
"After the case has been transferred outside Uttar Pradesh, does it have anything to do with the case?" a bench comprising chief justice KG Balakrishnan and justice Deepak Verma asked the state government before declining its plea.
Besides Uttar Pradesh government, main accused in the case Vikas Yadav, who has been sentenced to life imprisonment,
had also filed a similar petition which was heard together.
"Once the case is transferred outside the state, it is the end of the matter (for that state government)," the bench said and questioned "why was the case shifted to Delhi".
"It is an assumption that the state prosecuting agencies were unable to conduct fair trial," it further said.
Senior advocate Raju Ramachandran, appearing for the state government, said an important question of law arises in the case as to which state can file an appeal on transfer of a case.
Uttar Pradesh government had contended that the Delhi high court was wrong in admitting the petition of the Delhi police in the case.
It was submitted by Ramachandran that since Uttar Pradesh government was the prosecuting agency, it has the authority to file any appeal against the trial court decision.
The trial of the case was shifted to the national capital on the order of the Supreme Court after the victim's mother Neelam Katara had approached it contending that there was reasonable apprehension that she would not get fair trial in the Ghaziabad court.
Vikas and Vishal Yadav, son and nephew of controversial Uttar Pradesh politician DP Yadav, were convicted and awarded life sentence for the kidnapping and murder of Katara, who was close friend of their sister Bharti Yadav.
Katara was kidnapped from a marriage party on the night of February 17, 2002 in Ghaziabad and was found murdered in Bulandshehr.
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