The Allahabad high court has directed the state government to file counter affidavit (reply) within four weeks in response to a writ petition challenging the premature release of former BJP MLA Udaybhan Karwariya who was serving life term in SP MLA Jawahar Yadav’s 1996 murder case.
The Uttar Pradesh governor, using powers 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 Jawahar Yadav’s wife and sitting Samajwadi Party MLA Vijma Yadav, a division bench comprising Justice Rajiv Gupta and Justice Surendra Singh issued a notice to Udaybhan Karwariya, who is opposite party in this case.
The court in its order dated August 30, 2024, also directed to list this case after four weeks for next hearing.
Udaybhan Karwariya was released from Naini Central jail on July 25 this year following his pardon by the UP governor in view of his good conduct.
The Article 161 of 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.
{{/usCountry}}The Article 161 of 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.
{{/usCountry}}The additional sessions judge in Prayagraj had sentenced Udaybhan Karwariya along with his two brothers and another to life imprisonment on November 4, 2019. The then SP MLA Jawahar Yadav was shot dead in Civil Lines area of Prayagraj on August 13, 1996.