Allahabad High Court has challenged the validity of the premature release order by the Governor on the mercy petition of SP MLA Vijima Yadav of former MLA Udaybhan Karawaria, who is serving life sentence in the murder case of her husband Jawahar Yadav and three others.
The Court has issued notice to Udaybhan Karawaria and sought reply from the state government and him within four weeks. The petition will be heard after four weeks.
This order has been given by the division bench of Justice Rajiv Gupta and Justice Surendra Singh on the petition of Vijima Yadav. Senior advocates PP Yadav and Abhishek Kumar Yadav argued on the petition.
She says that the husband of the petitioner was shot dead in Civil Lines police station area of Prayagraj on 13th August 1996. FIR of which was lodged by brother Sulaki Lal. Four people died in the incident and some people were injured. Investigation of the case was handed over to CBI. Which filed chargesheet against Udaybhan Karvariya along with his brother Kapil Muni Karvariya, Surajbhan Karvariya and Ramchandra Tripathi. Trial court Prayagraj convicted them of murder and sentenced them to life imprisonment. Against which appeal is pending in High Court.
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The petitioner says that during this time the opponent Karvariya was given short term bail 20 times. High Court rejected the bail plea on 9th May 23. The government had also filed an application to withdraw the case, which was rejected by the court. Under Article 161 of the Constitution, Karvariya filed a mercy petition to the Governor.
On which the Governor ordered premature release on 19 July 24. The legality and constitutionality of this order has been challenged. Udaybhan Karvariya has served a total sentence of 8 years 9 months and 11 days in Naini Jail. As per the government order, premature release can be done after serving 14 years of sentence. In the petition, a demand has been made to cancel the premature release order.
