Share files on ex-MP Anand Mohan’s remission: Supreme Court to Bihar
The SC on Friday directed the Bihar government to produce the files relating to the April 24 decision granting remission to former Bihar MP Anand Mohan.
The Supreme Court on Friday directed the Bihar government to produce the files relating to the controversial April 24 decision granting remission to former Bihar member of Parliament Anand Mohan, serving a life term for murder, and cautioned against politicising the matter or making it a caste issue.
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Mohan was sentenced to life imprisonment for the murder of former Gopalganj district magistrate G Krishnaiah in December 1994. Krishnaiah’s wife Umadevi approached the top court challenging an April 10 decision of the state government amending the Bihar Prison Manual by which convicts such as Mohan suffering life imprisonment for killing of public servant became eligible for premature release after 14 years imprisonment.
A bench of justices Surya Kant and JB Pardiwala said, “The counsel for the state government is directed to produce the original records which led to grant of remission to respondent (Anand Mohan) by order dated April 24.”
The Court also refused to entertain an application filed by a Patna-based lawyer seeking to intervene in the proceedings. On noting that the applicant is a Dalit rights activist, the bench said, “Do not politicise this case and do not bring caste issues here.” G Krishnaiah was a Dalit.
The application sought to question the remission granted to Mohan by saying. “The government has acted in haste and has not applied its independent mind to the recommendation of the State Remission Board,” it said. It added that it is not clear whether the opinion of the presiding judge (of the court where the trial was held) which is considered mandatory for deciding remission under Section 433 of Code of Criminal Procedure (CrPC) was taken.
The court posted the matter on August 8 after the state government, represented by advocate Manish Kumar and advocate Gopal Singh appearing for the former MP sought time to file responses.
Senior advocate Sidharth Luthra who appeared for the petitioner told the court that summoning the files was essential before the next date of hearing.
On May 8, the court issued notice on the petition which claimed that the decision of April 10 was taken with the sole aim to benefit Mohan. He was sentenced to death by a trial court in 2007. HIs sentence was commuted to life by the Patna high court in 2008, a decision which the Supreme Court upheld in July 2012.
The amendment of April 10 introduced a crucial change which allowed a convict punished for murder of public servant to be eligible for premature release after undergoing 14 years of incarceration. The earlier rule on remission prevailing in the state said such convicts were to be considered for premature release only on completion of 20 years imprisonment.
Also read: NCSC issues notice to Bihar govt on remission of Anand Mohan’s sentence
The petition termed the April 10 notification “ex-facie illegal” and contrary to judgments of the Supreme Court that clearly lay down that the remission policy prevailing at the time of conviction will govern remission granted to life convicts.
The petition also pointed out that a 2000 judgment of the Supreme Court in Laxman Naskar case highlighted the need to consider past criminal antecedents, social status and the potentiality of the accused to commit crime in future as guiding principles for a convict’s early release.
The petition added that Mohan, who belongs to an influential family, has 32 criminal cases pending against him and enjoys political support. Even at the time when Krishnaiah was killed, Mohan was a member of Bihar Assembly.
During the last hearing, the top court also heard an application moved by ex-IAS officer and former Union Minister KJ Alphons who sought to intervene in the proceedings. The Court allowed Alphons to render assistance in the matter.
