Former BJP MLA Udai Bhan Karvaria’s premature release in murder case challenged by victim’s wife and former MLA Vijma Yadav. Slain Jawahar Yadav was an MLA when he was allegedly eliminated by Udai Bhan and his two brothers Kapil and Surajbhan Karvariya. Both brothers are still in jail but the third brother has been released recently:
The Allahabad High Court has directed the state government to file a counter affidavit (reply) within four weeks in response to a writ petition challenging the premature release of former BJP MLA Udaybhan Karwaria, who was serving a life sentence for 1996’s Samajwadi Party MLA Jawahar Yadav murder case.
The UP Governor, using powers conferred on her under Article 161 of the Constitution had passed an order on July 21, 2024 to release Karwariya after accepting the state government’s recommendation for his premature release.
Hearing a writ petition filed by the widow of Jawahar Yadav and sitting Samajwadi Party MLA Vijma Yadav, a division bench comprising Justice Rajiv Gupta and Justice Surendra Singh -1 issued notice to Udaybhan Karwaria, who is an opposite party in this case. The court in its order dated August 30 also directed to list this case after four weeks for the next hearing.
Udaybhan Karwaria was released from Naini Central jail on July 25 this year following his pardon by the UP governor Anandiben Patel in view of his good conduct.
Article 161 of the Indian Constitution empowers the governor of a state to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any convict against any law relating to a matter to which the executive power of the state extends.
Earlier, officials said that Prayagraj’s senior superintendent of police and the district magistrate made the recommendation to release Karwariya, citing his good conduct in jail. Subsequently, the pardon order was issued last week.
It is relevant to mention that the additional sessions judge in Prayagraj sentenced Udaybhan Karwariya along with his two brothers and another to life in prison on November 4, 2019 for the August 1996 murder of Samajwadi Party MLA Jawahar Yadav.
Jawahar Yadav was shot dead in the Civil Lines area of Prayagraj and a case was registered against Karwariya, his brothers Kapilmuni Karwariya and Surajbhan Karwariya and another.
Udaybhan was elected MLA twice on a BJP ticket from the Bara assembly seat of Prayagraj, first in the year 2002 and later in the year 2007. Subsequently, he was given a ticket by the BJP from city north of Prayagraj, where he lost. His wife was also a BJP MLA from the Meja assembly seat of Prayagraj. She was elected in the year 2017.
The petitioner – Vijma Yadav, who is the widow of slain MLA Jawahar Yadav is at present a Samajwadi Party MLA from the Pratappur assembly seat of the Prayagraj district.
