SC To Hear Plea Challenging Anand Mohan’s Early Release On May 8

The Supreme Court on Monday agreed to hear a plea challenging the Bihar Government’s decision to give premature release to former Bihar MP Anand Mohan on May 8 in the case of the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.

Uma Krishnaiah, the widow of District Magistrate G Krishnaiah, who was killed in an attack by a mob led by Mohan, filed the petition. Mohan was sentenced to life in prison for the crime. However, he walked out of jail on April 24 after serving 14 years in prison due to a sentence reduction granted by the Bihar government.

Persons convicted of murdering public servants on duty were not eligible for premature release under Bihar’s remission policy. However, the State Government removed this barrier by amending the remission policy in April, paving the way for Anand Mohan’s release.

Uma Krishania has filed a writ petition in the Supreme Court challenging a circular issued by the Bihar Home Department (Prisons) on April 10 amending Rule 481(1)(a) of the Bihar Prison Manual, 2012, which states that people convicted of “murder of a public servant on duty” are also eligible for remission. She has also challenged Anand Mohan’s early release.

Petitioner’s counsel, Advocate Tanya Shree, mentioned the petition before the Chief Justice of India (CJI) DY Chandrachud for an urgent listing, and the CJI decided to list it on May 8.

The petitioner claims that the State Government’s decision was based on “extraneous considerations,” and that pertinent criteria such as the prisoner’s behaviour in imprisonment and previous criminal antecedents were neglected.

It is further contended that changing the state remission policy to allow Mohan’s release is against public policy and would demoralize public servants. It is contended that the policy in effect at the time of the offence should be followed.