New Delhi, May 8 (). The Supreme Court on Monday IAS officer G. Notice has been issued on the petition of Krishnaya’s wife. Yes. Krishnaya was lynched to death in 1994 by a mob led by former Bihar MP Anand Mohan Singh. Yes. Krishnaya’s wife challenged Anand Mohan’s premature release from jail.
A bench of Justices Suryakant and JK Maheshwari issued notice on a petition filed by Uma Krishnaiah, wife of G Krishnaiah. The petition said that life sentence for gangster-turned-politician Anand Mohan would mean imprisonment for the rest of his life.
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 must be distinct from the application of remission.
Anand Mohan Singh was released from Saharsa Jail after the amendment in the jail rules of Bihar. The petition states that Anand Mohan Singh is a politically influential person and he killed Krishnaya, a serving IAS officer, when he was an MLA. 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. The petition said- 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 violation 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 petition states- The said amendment dated 10.04.2023 along with the notification dated 10.12.2002 is against public policy and has resulted in demoralization of the civil servants in the State. Therefore, it suffers from the defect of malafideness and is clearly arbitrary and contrary to the idea of welfare state.
In 1994, Krishnaiah, the then District Magistrate of Gopalganj, was lynched by a mob when his vehicle tried to overtake the funeral procession of gangster Chhotan Shukla. The mob was instigated by Anand Mohan Singh.
KC/SKP
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