New Delhi, July 4 Vishal Yadav, convicted in the Nitish Katara murder case, Wednesday sought the Delhi High Courts direction for a re-trial.
Senior advocate Ram Jethmalani, appearing for Vishal Yadav, expressed his displeasure on the way the trial was conducted. He said that the way the trial was conducted by the trial court judge was not in accordance with the law and the accused persons deserved either acquittal or re-trial in the case. We are very very much willing for the re-trial, and we wish the re-trial to start from the prosecution of witness no. 1, Jethmalani told a division bench of Justice Gita Mittal and J.R. Midha.
Questioning the trial of the case, Jethmalani said: This conviction cannot be sustained because the proceedings cannot be called as a trial in accordance with the procedure prescribed by law.
Jethmalani alleged that the prosection as well as the trial court judge did not follow the proper process.
The trial court ignored the fact that the witness were not examined by the prosecution properly, he futher alleged seeking re-trial of the case.
The court was hearing appeals of the Nitish Katara murder convicts, Vikas Yadav, son of former MP D.P. Yadav, Vishal Yadav and hired killer Sukhdev Pehalwan, who are serving life terms in Tihar.
Vishal was convicted in 2008 along with his cousin Vikas for kidnapping and murdering Nitish Katara, a close friend of his sister Bharti.
The duo killed Katara, son of an Indian Administrative Service officer, on the night of Feb 17, 2002, after abducting him from a marriage party in Uttar Pradeshs Ghaziabad as they were opposed to his relationship.

Vishal Yadav, serving life imprisonment in the Nitish Katara murder case, urged the Delhi High Court on Wednesday to either acquit him or order a retrial of the case as the trial was not conducted as per the prescribed procedure.
Appearing for the convict, noted advocate Ram Jethmalani submitted that the prosecution had not examined the witnesses and the trial judge had not conducted the trial of the case as per the prescribed procedure. He made the submission before a Division Bench comprising Justice Gital Mittal and Justice J.R. Midha, which is hearing the appeals by Vishal Yadav and Vikas Yadav against their conviction in the case by the trial court in 2008.
Mr. Jethmalani further said that the conviction of his client could not be sustained because the proceedings which ended in the verdict could not be called a trial in accordance with the prescribed procedure by law within the meaning of Article 21 of the Constitution.
He stated that the procedure laid down in the Criminal Procedure Code had been held to be the procedure prescribed by law within the meaning of the Constitution.
He further submitted that the case did not disclose just an erroneous decision or one or more debatable points of law but a wholesale violation of the Code, the Evidence Act and the elementary principles of the criminal justice system.
The inevitable consequence of his submission was acquittal or re-trial, Mr. Jethmalani submitted.