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Today, Senior Advocate Sidharth Luthra, appearing for Krishnaiah's wife told the bench today that while union was served in May last year they had still not filed their counter
In the plea filed by murdered IAS Officer G. Krishnaiah's wife, challenging the premature release of former MP Anand Mohan Singh, the Supreme Court has today granted the Union government last opportunity to file its counter affidavit.
Posting the matter on February 27, 2024, union has been given one week to file its reply.
"Mohan to deposit his passport immediately with the local police station and record his presence at said police station every fortnight.", the bench of Justices Surya Kant and KV Vishwanathan has ordered.
In August, Supreme Court had directed Umadevi to approach the State government of Bihar with her plea to access the official records on release granted to former MP Anand Mohan Singh.
A bench of Justices Surya Kant and JK Maheshwari had issued notice to the State of Bihar in May last year on the plea filed by Umadevi, challenging the premature release of Singh. G. Krishnaiah, the then District Magistrate of Gopalganj, Bihar was alleged to be brutally murdered by a mob in December 1994 at the behest of Mohan.
Notably, he Bihar government justified before the Supreme Court, its decision to release gangster-turned-politician Anand Mohan from life term prematurely in the murder case of then Gopalganj District Magistrate, saying "status of the victim cannot be a factor to deny remission" as “the punishment for murder of general public or a public servant is same”.
Responding to a writ petition filed by Krishnaiah's wife, Umadevi against the decision, the Nitish Kumar government said, "The status of victim cannot be a factor for grant or refusal of remission. It is further submitted that the issue of pre-mature release of convicts is governed by the provisions of the Prisons Act and Notification issued thereunder and is covered under Section 432, 433 and 433A of the Code of Criminal Procedure, 1973”.
On December 5, 1994, Mohan being the then MLA and his wife namely Mrs. Lovely Anand being the then MP were leading a procession of one Chhotan Shukla and raising slogans to take revenge from the administration, for killing of the said Chhotan Shukla.
It is Krishnaiah's wife's case that at Mohan's behest, the cavalcade of the Deceased was attacked near Khabra Village on the National Highway.
"The Convict being Respondent No. 4 continually exhorted the crowd to attack the deceased as he was the District Magistrate and a- person belonging to administration. At his behest of the Respondent No. 4/Convict the crowd attacked the ambassador bearing No. 777 carrying the Deceased and overturned it. Further, the Convict- Respondent No.4 exhorted one Bhutkun to kill the deceased .... Thereupon Bhutkun shot fires on the Deceased leading to fatal injuries to him", the Supreme Court has been told.
Notably, Mohan was awarded a death sentence by the sessions court in 2007 which was later altered to "rigorous imprisonment for life" by the Patna High Court in 2008. Furthermore, the Supreme Court in 2012 had confirmed the High Court's decision
Assailing the order granting remission to Anand, Krishnaiah's wife Umadevi has submitted that the impugned remission order is arbitrary, unreasonable and has been passed without taking into consideration the guidelines for pre-mature release of convicts issued by the Supreme Court in Laxman Naskar vs. Union of India; and has resulted in denial of justice to the family of the Deceased, violating their rights under Article 14 and 21 of the Constitution of India, 1950.
Top Court has been further told that in order to facilitate Mohan's pre-mature release, the State of Bihar vide Notification dated April 10, 2023 amended Rule 481(i)(a) of the Bihar Prison Manual 2012 with retrospective effect from the date of notification of Bihar Prison Manual, 2012 (i.e.12.12.2012) by deleting the phrase “Or for murder of public servant on duty”.
"It is imperative to mention that the said amendment has been brought about only for the benefit of the Convict/ Respondent No. 4 as he is apparently the only convict to get benefit of this amendment as per the order dated April 24, 2023...", the plea adds.
Umadevi has also relied on Mohan's conduct reports from his time in prison to show that he was a unfit case for grant of remission.
Case Title: Telugu Umadevi Krishnaiah vs. State of Bihar and Ors
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