The Supreme Court on Monday sought response from the Centre and the Bihar government on a plea challenging the state government’s decision to release former MP Anand Mohan, who was serving a life term in the 1994 murder case of former IAS officer G Krishnaiah, following jail rules amendment, reported PTI.
Former Gopalganj District Magistrate G Krishnaiah, who hailed from Telangana, was lynched by a mob in 1994 when his vehicle tried to overtake the funeral procession of gangster and muscleman Chhotan Shukla in Muzaffarpur district. Mohan, who was an MLA then, was part of the procession and was accused of inciting the mob.
A bench of Justices Surya Kant and JK Maheshwari issued notices to the Union Ministry of Home Affairs, Bihar government and Mohan on the plea.
Senior advocate Siddharth Luthra, appearing for Uma Krishnaiah, the wife of the slain officer, said it is an unfortunate matter. The petitioner has contended that life imprisonment awarded to the gangster-turned-politician meant incarceration for his entire natural course of life and it cannot be mechanically interpreted to last just 14 years.
“Life imprisonment, when awarded as a substitute for death penalty, has to be carried out strictly as directed by the court and would be beyond application of remission,” she said in her petition before the top court.
Mohan was released from the Saharsa jail in Bihar on April 27 after the Nitish Kumar-led government in the state amended the prison rules. The former MP’s name figured in a list of more than 20 prisoners who were ordered to be set free by a notification issued by the state’s law department earlier this week as they had spent more than 14 years behind the bars.
The remission of his sentence followed an April 10 amendment to the Bihar Prison Manual, whereby the restriction on early release of those involved in killing of a public servant on duty was done away with.
Critics of the state government claimed that this was done to facilitate the release of Mohan, a politically influential Rajput leader, who could add weight to the alliance in its fight against the BJP government.
Meanwhile, following the apex court order, Uma Devi said, “We are happy that Supreme Court has responded positively and issued notice to the Bihar government and to other people who are involved in it. They have to reply within two weeks. We will get justice in Supreme Court.”