SC seeks Bihar Govts reply on a petition challenging Anand Mohan’s Release

The Supreme Court today issued a notice in a petition challenging the decision of the Bihar Government to grant the premature release of former Bihar MP Anand Mohan.

Anand Mohan has been released in the case of the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.

A Bench comprising of Justice Surya Kant and Justice JK Maheshwari allowed the mediation application filed by a retired IAS Officer but to the extent of providing assistance to the Court.

The petition was filed by Uma Krishnaiah (widow of District Magistrate G Krishnaiah), who was killed after an attack by a mob led by Mohan. Mohan was sentenced to life imprisonment for the offence.
However, On April 24, he walked out of jail after serving 14 years of imprisonment in view of the suspension of sentence granted by the Bihar Government.

As per the remission policy of the State of Bihar, persons who are convicted for murder of public servants on duty weren’t eligible for premature release until they have completed at least 20 years of sentence. However, this bar was taken away by the State Government by the amendment remission policy in April, covering the way for the release of Anand Mohan. Uma Krishaniah challenged the circular issued by the Bihar Home Department (Prisons) on April 10 amending Rule 481(1)(a) of the Bihar Prison Manual, 2012.

As per which persons convicted of “murder of a public servant on duty” are also eligible for remission. She has also challenged the premature release of Anand Mohan.

The State Government has taken on the basis of “extraneous considerations”, the petitioner argues that the relevant factors such as the conduct of the prisoner in the jail, and past criminal antecedents have been ignored.

Further, it argued that the amendment of the state remission policy to facilitate Mohan’s release is opposed to public policy and would amount to demoralizing public servants.