New Delhi, April 29 (). IAS officer G. Krishnaya’s wife has approached the Supreme Court against the premature release of former MP Anand Mohan Singh, G. Krishnaya was lynched to death in 1994 by a mob led by former Bihar MP Anand Mohan Singh.
The petition, filed by Uma Krishnaiah, wife of G Krishnaiah, argued that life imprisonment as directed by the court should be strictly implemented as an alternative to the death penalty.
The plea argued- the sentence of life imprisonment awarded to a convict as an alternative to death sentence should be viewed differently and distinguishable from normal life imprisonment. Life imprisonment, when given as an alternative to the death penalty, must be strictly enforced as directed by the court and beyond the application of remission.
The plea states that life sentence for gangster-turned-politician Anand Mohan would mean imprisonment for the rest of his life. Life imprisonment means whole life and 14 years cannot be explained. It means imprisonment for life till the last breath.
Anand Mohan was released from Saharsa Jail on Thursday morning after the amendment in Bihar Jail Rules. The petition states that Mohan is a politically influential person and he, while being an MLA, had met serving IAS officer G.K. Krishnaya is murdered. He enjoys political support and has several criminal cases pending against him.
The plea argued that Rule 481 (1) (c) of the Bihar Prison Rules, 2012 provides that convicts whose death sentence has been commuted to life imprisonment shall be eligible for remission only after completion of 20 years of sentence. Will be eligible.
In the present case, Anand Mohan was sentenced to death by the trial court on October 5, 2007, which was later commuted to rigorous imprisonment for life by the Patna High Court and confirmed by the apex court. Anand Mohan was imprisoned for only 14 years and hence, he is not eligible for remission as per Rule 481 (1) (c) of the Bihar Jail Rules, 2012.
The petition states, the grant of remission to the present convict is in contravention of the notification dated December 10, 2002, which was in force on the date of conviction, i.e. October 5, 2007. Therefore, the order dated April 24, 2023 by the State of Bihar is in contravention of the notification dated December 10, 2002 as well as the judgments of the Apex Court.
The petition also states that the Bihar government has specifically amended the Bihar Jail Rules, 2012 with retrospective effect from April 10, 2023, to ensure that convict Anand Mohan is given the benefit of remission. The said amendment as well as the notification dated 10.12.2002 is against public policy and has resulted in demoralizing of the civil servants in the State. Therefore, it suffers from the defect of malice and is manifestly arbitrary and contrary to the idea of welfare state.
In 1994 Krishnaiah, the then District Magistrate of Gopalganj, who hailed from Telangana, was lynched by a mob when his vehicle tried to overtake the funeral procession of gangster Chhotan Shukla. The mob was allegedly instigated by Anand Mohan.
KC/ANM
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