In a recent update on the release of a gangster-turned-politician, Anand Mohan, the Bihar government has made provisions to release him by making amendments to the Remission Rules. The move has been long-promised by the former chief minister of Bihar, Nitish Kumar.
Source: BBC
At a rally, the then-chief minister of Bihar and the head of Janata Dal (United) indicated his plans and development towards the release of Anand Mohan. The rally was organized by a Rajput community on the occasion of Rashtriya Swabhiman Diwas, in which the crowd demanded the release of the convicted Anand Mohan. He assured the public that the government was working towards the long-awaited release along with discussions with Anand’s wife Lovely Anand.
Table of Contents
Anand Mohan: A convict
Anand Mohan has been in jail since 2007 and was awarded life imprisonment under Rule 481 (i)(a) of the Bihar Prison Manual, 2012. He was convicted for the murder of an IAS officer and the then-district magistrate G. Krishnaiah, who belonged to a Dalit community.
Changes in the Remission Rules
After a few months of the public speech, the Bihar government made changes to the Bihar Prison Manual, 2012 which has allowed the convict-politician to apply for remission. Rule 481 (i)(a) had been deleted from the manual by a notification from the state government on April 10. This rule deals with the murder of a public servant on duty. The government is empowered to make amendments to the Prison Manuel under Section 432 of the redundant Prison Act, 1973. Rule 481 (i)(a) disallows an early release of a person convicted for the murder of a public servant by less than 20 years of imprisonment. This indicates that remissions were also forbidden by the same rule. The new amendments to the rule will continue to forbid an early release of convicts of murder, except for the murders of public servants on duty.
Remission
The applications for remissions are processed by a committee of six members: the home secretary, law secretary, inspector general of prisons, inspector general of police, judges of district and session courts and the director of probation services.
Consequently, Anand Mohan took his ‘walk of victory’ out of the Saharsa jail on April 27. There were no programs organized as the release was scheduled at 3 am. Mohan didn’t make media appearances, nor had he attended village programmes.
Response
While the public and the supporters of JDU hailed the move, the decision was opposed by the Indian Administrative Services Association. It was also criticized by Uma Krishnaiah, wife of the late G. Krishnaiah.
Source: BBC
The decision has shocked her family as she continues to live in Telangana with her daughters. According to her, the court verdict of ‘life imprisonment’ should be referred to as imprisonment for the rest of the natural life of the convict and not only as merely 14 years. Filing a petition to the supreme court, she stated “Life imprisonment, when awarded as a substitute for the death penalty, has to be carried out strictly as directed by the court and would be beyond the application of remission.”
Source: The Wire
The IAS Association has also supported the call from Uma Krishnaiah, writing to the Bihar government to reconsider the move. In the letter to the government, the association stated that a convict of the charge of murder of a public servant on duty cannot be reclassified as a less heinous crime.” According to the association, the decision is “tantamount to the denial of justice”.
Amir Subhani, the chief secretary of Bihar claimed that the decision to free Anand Mohan had been taken as per legal provisions.
