The Allahabad High Court has called for the Uttar Pradesh government to provide a response regarding the early release of Udaybhan Karwaria, an ex-BJP MLA who was serving a life sentence. The request came in light of a petition challenging his premature release from imprisonment for the 1996 murder of Samajwadi Party MLA Jawahar Yadav.
Udaybhan Karwaria, who had been incarcerated at Naini Central Jail in Prayagraj, was released on July 25, 2024, following a pardon issued by Uttar Pradesh Governor Anandiben Patel under Article 161 of the Constitution. This decision was based on the state government’s recommendation, citing Karwaria’s good conduct during his imprisonment.
The writ petition against this release was filed by Vijma Yadav, the widow of the deceased MLA and current Samajwadi Party representative for the Pratappur assembly seat. Responding to the petition, a division bench consisting of Justice Rajiv Gupta and Justice Surendra Singh not only issued a notice to Karwaria but also directed the government’s counsel to submit a counter-affidavit within the next four weeks.
Article 161 allows a state governor the authority to pardon convicts or commute their sentences, based on aspects such as good behavior. This clause was pivotal in Karwaria’s release, following endorsements of his conduct by Prayagraj’s senior superintendent of police and the district magistrate.
Karwaria’s criminal convictions stem from the August 1996 assassination of Jawahar Yadav, for which he was sentenced on November 4, 2019, along with two brothers and another individual. Despite his controversial past, Karwaria was elected twice as MLA from Prayagraj’s Bara assembly seat in 2002 and 2007, though he lost subsequent elections.
