Convicted former MP Anand Mohan released prematurely after discriminatory prison rule was removed: Bihar to Supreme Court

The Bihar government has defended in Supreme Court its decision to prematurely release murder convict and former Member of Parliament, Anand Mohan from prison as well as the legal amendment that paved the way for his release. .The State government has filed a counter-affidavit in response to a plea filed by Uma Krishnaiah (petitioner), the widow of District Magistrate G Krishnaiah, who was killed after he was attacked by a mob instigated by Mohan in December 1994..The petitioner had alleged that the Bihar government altered the relevant prison rules to aid Mohan's early release from prison. .In the affidavit, filed through advocate Manish Kumar, the State of Bihar has said that Mohan's release ensued after a discriminatory provision was removed from the Bihar Prison Manual, 1925..Earlier, the Manual laid down that persons who are convicted of murdering a public servant on duty would not be eligible for premature release, until they have completed at least 20 years of sentence. .However, the State contended that such a provision made the criteria for premature release dependent on the status of the victim. The other criteria prescribed in the Manual were offence specific, the State highlighted. .Hence, such a discriminatory provision was deleted from the Prison Manual, while also keeping in view relevant rulings of the Supreme Court, the Union Home Ministry's Model Prison Manual of 2016 and the provisions of the Indian Penal Code (IPC), the State submitted..In this regard, it was pointed out that under the IPC, the punishment for murder does not differ based on whether the victim is a public servant or a member of the general public.While so a convict undergoing life imprisonment for murdering a public servant was earlier not eligible for premature release, while a life-convict in prison of murdering a member of the general public could be released early. This discrimination based on the "status of the victim" was sought to be removed, the Bihar government informed. .The State added that there was no such ‘discrimination‘ provided for in the remission rules of several other States..It also contended that the issue relates to the State's executive powers and does not affect the petitioner's fundamental rights. Hence, the petition is not maintainable and ought to be dismissed, the State has submitted. .The case is posted for hearing on August 1, 2023..In April, this year, the Bihar government made an amendment to the prison rules governing remission, which paved the way for the release of Mohan on April 24. .This move was challenged in Supreme Court by Uma Krishnaiah, the wife of Gopalganj District Magistrate, G Krishnaiah. The petitioner challenged the April 10 circular issued by the Bihar government and Rule 481(1)(a) of the amended Bihar Prison Manual, 2012.On May 8, the Supreme asked the government of Bihar to explain its decision to prematurely release Mohan, who had been serving life imprisonment.The Supreme Court also directed the government of Bihar to produce original records of documents in the matter..In related news, a Public Interest Litigation (PIL) has also been filed before the Patna High Court to quash the April 10 circular issued by the Bihar government and the controversial Bihar Prison Manual amendment.