UP Governor Pardon Former BJP MLA Convicted of Murder

Uttar Pradesh Governor Anandiben Patel on Thursday pardoned the life sentence of former UP Bhartiya Janta Party (BJP) MLA Uday Bhan Karwariya for the murder of Samajwadi Party (SP) MLA Jawahar Yadav in the year 1996.

The recommendation for the release was made by the Prayagraj Senior Superintendent of Police and the District Magistrate, based on his ‘good behaviour’ while in jail.

Legal Aspect

• The Governor used the power conferred on her under Article 161 of the Constitution of India.
  
• Article 161 empowers the Governor of a state with the authority to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence against a state law or a law relating to a matter to which the executive power of the state extends.

Background

• SP MLA Jawahar Yadav was shot dead in August 1996.
  
• A case was filed against Uday Bhan Karwariya, his brothers Kapil Muni Karwariya and Suraj Bhan Karwariya, and another individual.
  
• In 2015, the Karwariya brothers surrendered before the police. The CID investigated the case.
  
• In November 2018, the BJP government sought to withdraw the murder case against Karwariya and his brothers, but the request was rejected by a Special Court and upheld by the Allahabad High Court.
  
• In November 2019, an Additional Sessions Judge in Prayagraj sentenced Karwariya, his brothers Kapil Muni Karwariya and Suraj Bhan Karwariya, and their uncle Ram Chandra Tripathi to life imprisonment.