Express News Service
NEW DELHI: The Supreme Court on Friday directed the Bihar government to produce original records related to grant of remission to Anand Mohan, who was sentenced to life imprisonment for mob lynching of Gopal Ganj District Magistrate G Krishnaiah in 1994.
The former MP was released on April 24 after serving imprisonment for 14 years on account of the remission granted by the state government. A bench led by Justice Surya Kant in its order said, “State counsel is directed to produce the original records which led to the grant of remission to respondent 4 by order dated April 24, 2023.”
The court order came in a plea filed by the wife of the slain IAS officer. She challenged the circular dated April 10 issued by the Bihar Home Department (Prisons) which made persons convicted for murder of public servant eligible for remission. Mohan was subsequently released.
A bench of justices Surya Kant and JK Maheshwari on May 8 sought response of the Bihar government, Anand Mohan and the Centre in the plea filed by Uma Krishnaiah, wife of the slain IAS officer.Stating that the state’s decision has been taken on extraneous considerations, she said the state while releasing Mohan ignored relevant factors such as conduct of the prisoner in the jail and past criminal antecedents.
It has also been contended that state’s amendment to its remission policy did not consider the fact of Mohan being convicted for murder of public servants on duty is contrary to public policy, and it amounts to demoralising public servants.
The petition also asserted for application of the state policy which was prevalent at the time of commission of the offence. “Notification dated April 10, 2023 and consequent order dated April 24, 2023 is ex-facie illegal being against the settled principles of law and have been passed on the basis of extraneous considerations,” the petition stated.
Also in top court
‘SC/ST Act: Desirable that utterances made in public are outlined’The Supreme Court said on Friday it is desirable that utterances made by an accused within public view are outlined at least in the charge sheet before the person is subjected to trial under a provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The top court observed it will enable courts to ascertain whether the charge sheet makes out a case under the SC/ST Act, prior to taking cognisance of the offence. The apex court was dealing with a matter in which a person was charge-sheeted for alleged offences, including under section 3(1)(x).
NEW DELHI: The Supreme Court on Friday directed the Bihar government to produce original records
related to grant of remission to Anand Mohan, who was sentenced to life imprisonment for mob lynching of Gopal Ganj District Magistrate G Krishnaiah in 1994.
The former MP was released on April 24 after serving imprisonment for 14 years on account of the remission granted by the state government. A bench led by Justice Surya Kant in its order said, “State counsel is directed to produce the original records which led to the grant of remission to respondent 4 by order dated April 24, 2023.”
The court order came in a plea filed by the wife of the slain IAS officer. She challenged the circular dated April 10 issued by the Bihar Home Department (Prisons) which made persons convicted for murder of public servant eligible for remission. Mohan was subsequently released.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
A bench of justices Surya Kant and JK Maheshwari on May 8 sought response of the Bihar government, Anand Mohan and the Centre in the plea filed by Uma Krishnaiah, wife of the slain IAS officer.
Stating that the state’s decision has been taken on extraneous considerations, she said the state while releasing Mohan ignored relevant factors such as conduct of the prisoner in the jail and past criminal antecedents.
It has also been contended that state’s amendment to its remission policy did not consider the fact of Mohan being convicted for murder of public servants on duty is contrary to public policy, and it amounts to demoralising public servants.
The petition also asserted for application of the state policy which was prevalent at the time of commission of the offence. “Notification dated April 10, 2023 and consequent order dated April 24, 2023 is ex-facie illegal being against the settled principles of law and have been passed on the basis of extraneous considerations,” the petition stated.
Also in top court
‘SC/ST Act: Desirable that utterances made in public are outlined’
The Supreme Court said on Friday it is desirable that utterances made by an accused within public view are outlined at least in the charge sheet before the person is subjected to trial under a provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The top court observed it will enable courts to ascertain whether the charge sheet makes out a case under the SC/ST Act, prior to taking
cognisance of the offence. The apex court was dealing with a matter in which a person was charge-sheeted for alleged offences, including under section 3(1)(x).