The Bihar government has defended before the Supreme Court its order on the premature release of gangster-politician Anand Mohan in the murder case of the then Gopalganj District Magistrate, contending remission of a life term convict cannot depend upon the status of the victim.
It also stated that the punishment for the murder of the general public or a public servant is the same.
Mohan, a former MP was sentenced to life term in a case related to the 1994 lynching of IAS officer G Krishnaiah by a mob led by him. He was released on April 27 after he served less than 16 years of jail term following a change in the policy.
In a response to the apex court's notice on a writ petition filed by Krishnaiah's wife, Umadevi, the state government said it has sought to remove discrimination on the basis of the status of a victim by changing its policy.
"The status of the victim cannot be a factor for grant or refusal of remission. The issue of pre-mature release of convicts is governed by the provisions of the Prisons Act and Notification issued thereunder and is covered under Section 432, 433, and 433A of the Code of Criminal Procedure, 1973,” it said.
Umadevi contended that an amendment to the Bihar Prison Manual, 2012 was brought about with retrospective effect vide amendment dated April 10, 2023, in order to ensure the release of convict, Mohan by granting him the benefit of remission.
Opposing her also on the ground of maintainability, the state government said, "The victim and/or his relative has not been conferred with any right to interfere in the state remission policy framed under an Act or Constitutional provisions".
Justifying its decision, the state government said that in view of the various orders passed by this court, the state revisited its policy of 2002, which was incorporated in the Bihar Prison Manual 2012.
It was found that the ineligibility for consideration of premature release of a life convict who is guilty of the murder of a public servant was not in consonance with the punishment prescribed for murder in general in Indian Penal Code, the affidavit on behalf of the state government claimed.
It also pointed out that no such distinction for premature release of life convicts guilty of the murder of a public servant or the general public was found in policy in other States of Delhi, Punjab, Haryana, Telangana, Pondicherry etc.
The state government also stated there is no classification in the policy of the Government of India as well as the Model Prison Manual, 2016 forwarded by the central government on premature release of convicts guilty of murder of public servant on duty and murder or any other person.
The state government followed all the prescribed procedures for consideration of remission of Mohan, along with others, and the relevant reports were found favourable.
"Mohan has written three books during his incarceration and had participated in the work assigned during this period," it said.
The Bihar government also asserted that it is committed to ensuring the protection and security of all public servants.