Patna: Gangster-turned-politician Anand Mohan was released from Saharsa jail on April 27 after serving a sentence of 14 years in G Krishnaiah murder case after the Bihar government tweaked the rules. Former IAS officer and Gopalganj district magistrate G Krishnaiah was killed by a mob led by Mohan in December 1994. Wife of the slain IAS officer, Uma Krishnaiah has filed a petition in the Supreme Court challenging Mohan's release.
In her petition, Uma said that Mohan was ordered life imprisonment which implied he should be kept behind the bars till death. Uma said he cannot be released only because he completed 14 years in jail. Legal experts said that the government's move is legally correct but the impact that his release will have on the society can be considered by the Supreme Court.
Senior advocate of Patna High Court Prabhat Bhardwaj said that the process of Mohan's release was initiated in 2021 itself. Opinion was sought from the then SP of Saharsa, who gave in writing that his release will not make any difference to the society, he said. Following which, a similar order was issued by the Saharsa court. The release process was expedited but, the rule regarding murder of a public servant came in the way, he said. The government has taken almost two years to do away with this rule.
"The government's legal point is strong, but the Supreme Court can view Mohan's release from the perspective of its impact on the society. The Supreme Court's order is paramount" advocate Bhardwaj said.
PK Tiwari, senior advocate of Patna Civil Court, said 26 accused including Mohan were released after the rule was amended. The apex court will give its verdict after considering all the sides. Lawyers of the government's side will argue that the state has the right to change the law, he said. "The law that was introduced by the state government after Mohan went to jail has now been amended. In such a situation, the government's side is strong. However, the Supreme Court sometimes uses its discretionary powers. So until the verdict comes, it is difficult to say anything", senior advocate Tiwari said.
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In her petition, Uma has argued that Rule 481 (1) (c) of the Bihar Prison Rules 2012 provides that convicts whose death sentence has been commuted to life imprisonment will be eligible for any kind of exemption only after completing 20 years in jail. Mohan was sentenced to death on October 5, 2007 and is in jail only for 14 years, she said adding that he was not eligible for release. But, Bihar government amended the rule of the Bihar Prison Manual, 2012 and released him, she said.
