Court reserves order in Nitish Katara murder case till Sep 28

New Delhi, July 29 (UNI) A city court today reserved till September 28 its order on declaring Bharti Yadav, prime witness in the Nitish Katara murder case, a Proclaimed Offender (PO).

After hearing the arguments of both the prosecution and the defence, Patiala House Court Additional Sessions Judge Ravinder Kaur issued the notice to Bharti for September 28.

Appearing before the court, chief public prosecutor B S Joon had given an application under section 83 CrPC to seek Bharti's proclamation.

Later talking to UNI, Mr Joon said ''If she does not turn up on September 28, we will avail other legal process and procedure to bring her to India.'' The England address, purportedly given by Bharti, has been confirmed by the Ministry of Home Affairs (MHA), the prosecution told the court.

Mr Joon, however, told the court that ''the signatures on the faxed letter purportedly sent by her do not match with the specimen signature. We will verify the signature of Bharti with the help of a team of handwriting expert,'' he said.

The trial court had on July 22 received a fax message purportedly sent by Bharti from London expressing her willingness to depose before the court through video-conferencing.

''However we do not want to put any pressure to bring Bharti back to the court and she from her side should come forward and depose in the court,'' said Ms Neelam Katara, the mother of Nitish.

Bharti's father D P Yadav had on July 15 submitted in the court that his daughter was in the UK. The court had earlier directed him to disclose the present address of Bharti but he refused to furnish it saying he did not remember.

He also submitted that summons from overseas authority has no legal validity under the UK laws. If Bharti did not wish to comply, it was her prerogative, he added.

Mr Joon said, ''On July 5, we also sought the help of the Interpol to trace the address of Bharti as neither she nor D P Yadav was co-operating. The reply from the Interpol is awaited.'' Three non-bailable warrants, eight summons and several bailable warrants have been issued against Bharti till May 2006. But Bharti did not come to depose in the court citing one reason or another.

Vikas and Vishal Yadav, brother and cousin of Bharti respectively, are facing trial in the case for allegedly kidnapping and murdering Katara on the intervening night of February 16-17, 2002, in Ghaziabad where he had gone to attend a marriage.

UNI XC MSJ AT KP1942