The Supreme Court of India has questioned the Bihar government regarding the premature release of murder convicts, particularly highlighting the case of Bihar politician Anand Mohan. A bench of Justices Surya Kant and Dipankar Datta inquired about the number of convicts who were released on remission, similar to Anand Mohan, who recently walked out of jail. The court listed the matter for September 26 after the Bihar government informed them that a total of 97 convicts had been released and wanted clarification on how many of them were facing serious charges like murder.
Anand Mohan, who filed an affidavit in the Supreme Court defending the decision to release him prematurely, stated that the power of remission had not been exercised arbitrarily and that there were no procedural lapses. He affirmed that the decision was made after careful consideration by relevant authorities at various stages. Anand Mohan also claimed eligibility for remission based on different notifications issued over the years.
The Bihar government, in response to a plea challenging Anand Mohan’s release, argued that the petitioner, Uma Krishnaiah, wife of slain IAS officer G Krishnaiah, lacked fundamental rights regarding the state’s remission policy. The government stated that the victim or their relative does not possess the right to interfere or challenge the policy since remission is solely a matter between the state and the convicts. The government further emphasized that the victim’s rights were not affected by the change in policy or the release of the convict.
Uma Krishnaiah had specifically challenged the amendment made to the Bihar Prison Manual 2012, alleging that it was solely designed to ensure Anand Mohan’s release. The amendment, enacted on April 10, 2023, was deemed to be against previous notifications and public policy, according to the petitioner. However, the Bihar government defended the amendment, stating that it was not unconstitutional and that the petitioner failed to provide grounds to support the claim that it violated the constitutional scheme.
Gangster-turned-politician Anand Mohan Singh, who was serving a life sentence for the murder of G Krishnaiah, was released from prison on remission following the amendment to the prison manual. He had initially been granted a 15-day parole to attend his son’s engagement and subsequently returned to jail before his final release on April 27.
The Supreme Court’s query regarding the release of murder convicts, along with Anand Mohan’s case, highlights the ongoing debate surrounding remissions and the eligibility criteria for early release. The court’s decision on this matter is expected to provide clarity on the issue and may have wider implications for similar cases in the future.
