Murder Convict Ex-MP Files Affidavit In Supreme Court Defending Release

Former Bihar MP and murder convict Anand Mohan on Tuesday filed an affidavit in the Supreme Court, defending the Bihar Government's decision to grant him premature release and said that the power of remission has not been exercised in an arbitrary manner and there was no procedural lapse in the decision. 

Anand Mohan's affidavit was in response to murdered IAS officer G Krishnaiah's wife Uma Krishnaiah's plea challenging the premature release of Anand Mohan. 

Anand Mohan in his affidavit before SC said that the power of remission has not been exercised in an arbitrary manner and there was no procedural lapse in the decision.

"The decision was taken only after a cumulative consideration of all relevant factors by all authorities at various stages," the affidavit said. 

"That in the present case, as submitted above, the power of remission has not been exercised in an arbitrary manner. All requisite statutory procedures have been followed, there has been no procedural lapse, and only after a cumulative consideration of all relevant factors by all authorities at various stages, an informed, fair and reasonable decision to grant remission was made," the affidavit said. 

Anand Mohan in its affidavit submitted that the grant of remission has been in accordance with law as he was eligible for the remission vide amendment notification dated April 10, 2023, as it is a beneficial amendment with retrospective effect. Even otherwise, Anand Mohan claimed that he is also eligible for remission vide notifications dated December 10 2002 and December 12 2012. 

Anand Mohan submitted that the grant for remission was the result of a comprehensive and rigorous process with sufficient checks & balances. The decision was not arbitrary, misinformed, and unreasonable. All aspects and factors embodied in the prison rules and statute were taken into consideration, and it was only after a thorough assessment that the State decided to grant remission to Anand Mohan, the affidavit said. 

Anand Mohan also apprised the court that he has completed more than 15 years of actual imprisonment and more than 20 years with remission. Anand Mohan in his affidavit

"Now at the age of about 67 years, he has nothing more to look forward to. Testimonies of the jail authorities are ample proof of his conduct during imprisonment," Anand Mohan said. 

Earlier Bihar Government informed the Supreme Court that IAS officer G Krishnaiah's wife Uma Krishnaiah's plea challenging the premature release of Bihar politician Anand Mohan from prison is not maintainable and urged the top court to dismiss it. 

In the affidavit filed in the top court, Bihar Government has told the SC that IAS officer G Krishnaiah's wife Uma Krishnaiah's plea is not maintainable and said that there are no Fundamental Rights involved in the matter related to the remission policy of the State since the remission is always between the State and the convicts.

Gangster-turned-politician Anand Mohan Singh was a convict in the then District Magistrate G Krishnaiah case and walked free from Saharsa jail on April 27. 

He was serving a life sentence in the 1994 murder of then Gopalganj District Magistrate G Krishnaiah. After the Bihar Government amended the rules of the Jail manual, an official notification stated that 27 prisoners who have served 14 years or 20 years in jail have been ordered to be released. 

The gangster-turned-politician was earlier on parole of 15 days to attend the engagement ceremony of his MLA son Chetan Anand. He returned to Saharsa jail on April 26 following the end of his parole period. 

Anand Mohan was convicted in the murder case of Gopalganj District Magistrate G Krishnaiah on December 5, 1994, in Muzaffarpur. Krishnaiah was killed by a mob allegedly provoked by Anand Mohan Singh. He was dragged out of his official car and lynched. 

Anand Mohan was sentenced to death by a trial court in 2007. A year later, the sentence was commuted to life imprisonment by the Patna High Court. Mohan then challenged the verdict in Supreme Court but no relief has been granted yet and he has remained in Saharsa jail since 2007.

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