The Allahabad High Court.
Credit: PTI Photo
Prayagraj: The Allahabad High Court has asked the Uttar Pradesh government to file a response to a writ petition challenging the premature release of former BJP MLA Udaybhan Karwaria who was serving life sentence for the murder of Samajwadi Party MLA Jawahar Yadav in 1996.
Uttar Pradesh Governor Anandiben Patel, using powers under Article 161 of the Constitution, passed an order on July 21, 2024 on the state government's recommendation to release Karwaria.
Karwaria was released from the Naini Central jail in Prayagraj on July 25 following his pardon in view of his good conduct.
Jawahar Yadav's widow Vijma Yadav, the Samajwadi Party MLA from the Pratappur assembly seat of Prayagraj district, filed a writ petition against the release order.
Hearing the petition, a division bench of Justice Rajiv Gupta and Justice Surendra Singh issued a notice to Karwaria.
In its order dated August 30, the court also asked the government counsel to file a counter-affidavit within four weeks when the matter will be listed next for hearing.
Article 161 empowers governors to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of convicts against any law relating to a matter to which the executive power of the state extends.
Earlier, Prayagraj's senior superintendent of police and the district magistrate made the recommendation to release Karwaria citing his good conduct in jail, officials said. Subsequently, the pardon order was issued.
On November 4, 2019, the then additional sessions judge in Prayagraj sentenced Karwaria along with his two brothers and another person to life imprisonment for the August 1996 murder of Samajwadi Party MLA Jawahar Yadav.
Yadav was shot dead in the Civil Lines area of Prayagraj and a case was registered against Karwaria, his brothers Kapilmuni Karwariya and Surajbhan Karwariya and another person.
Udaybhan Karwaria was elected MLA twice on BJP ticket from the Bara assembly seat of Prayagraj, first in 2002 and then in 2007. Subsequently, he was given ticket by the BJP, but he lost.
His wife was also a BJP MLA from Meja assembly seat of Prayagraj.