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Rajput leader Anand Mohan’s release from Saharsa jail, where the former MP has been serving a life term for 14 years, looks easier after Bihar amended its prison rules. In a major decision for the Nitish Kumar-led government, the home department notified the amendment in the Bihar Prison Manual, 2012, on April 10.
The amendment is related to a deletion in a related provision with regard to prisoners sentenced to life imprisonment for the murder of government servants. According to experts, after this amendment in Rule 481 1A of the Bihar Jail Manual, 2012, the murder of government personnel on duty will not be counted as an exception but considered a “simple” murder.
In January, in a bid to win over upper-caste voters in Bihar, the JD(U) observed Rashtriya Swabhiman Diwas to commemorate the death anniversary of Rajput king Maharana Pratap. Chief minister Nitish Kumar assured the supporters of Anand Mohan that he was doing his best to secure his release. On January 22, while addressing a function at Patna’s Miller High School ground, Nitish was greeted by chants of ‘Anand Mohan ko riha karo’ by the jailed leader’s supporters sitting in the first row. The chief minister stopped his speech midway and said: “You better ask his wife [former MP Lovely Anand] what I am doing to get him out of jail. You don’t worry about him, I’m trying my level best.”
On Monday, a screening committee will scrutinise Mohan’s jail term at a meeting. A decision will be taken over his release and submitted to a high-level committee. Only then will the process of release be initiated.
Rajputs form 4 percent of the upper caste vote bank, which is 12 percent of Bihar’s electorate.
According to Patna High Court advocate Mayank Shekhar, Mohan completed his life term punishment last year. “The amendment paves the way for his release as there are no other cases against him. The obstacle for him to become a free man has been removed by bringing this amendment in the rules,” he said.
Shekhar further said while this amendment could work in the politician’s favour, it also had a drawback. “The new rule may embolden criminals and the fear of the law may perish when it comes to attacking government servants,” he added.
The case
Mohan was convicted for the 1994 murder of then Gopalganj district magistrate G Krishnaiah. The Dalit IAS officer was beaten up and shot dead by a mob on December 5, 1994, after Mohan’s associate Chhotan Shukla was killed in an alleged police encounter.
Mohan was charged with instigating the mob against the officer. In this case, six people, including Anand and his wife Lovely Anand, were named as accused. In 2007, the Patna High Court convicted him and sentenced him to death. This was the first case in independent India, where a politician was sentenced to death.
In 2008, this sentence was commuted to life imprisonment by the Supreme Court. In 2012, Mohan appealed to reduce his sentence, which was rejected.
Despite being in jail, Mohan was elected MP from Sheohar Lok Sabha seat in 1996. Lodged in Saharsa jail at present, he has already served more than 14 years of his sentence.
The previous rule and what has changed
The biggest obstacle in Mohan’s release was Bihar’s Remission (Avoidance) Policy, 1984. Changes were made in 2002. According to that, there was a provision not to release prisoners serving sentences on charges in five different categories: conviction in more than one murder case, rape, dacoity, execution or preparation of terrorist conspiracy and murder of a government official.
Mohan could not walk out of jail due to the old provision despite serving his term. Now, the government has amended this through a notification on April 10. In a cabinet meeting, Rule 481 (i) (a) of the Bihar Prison Manual, 2012, was amended to remove the line in which the murder of a government official was included as an exception. Now, the murder of a government official or employee posted on the job will not be counted in this category. This is the reason why Mohan’s release will be easier because the fifth category will not be considered. Like in other cases of murder, the prisoner will be released after serving a term.
Relief to family and supporters
At present, RJD’s Sheohar MLA Chetan Anand, who is the son of former MP Anand Mohan, cited this as a massive relief to those who love the leader. “Although I have not seen the notification, many of the supporters are enthusiastic and have called me. On social media, thousands of supporters are joyous. Currently, I am in Jaipur for my wedding preparations but through you, I want to offer my gratitude to the government for keeping its promise. We are hopeful that everything goes well and we can benefit from the new rule. It’s been over 14 years and we have waited for long,” Chetan told CNN-News18.
The former MP’s defence lawyer Sangeeta Singh said, “The leader completed his 14-year term in 2022. He is out on parole till April 24 for his son’s marriage. It’s just a matter of time that this rule is implemented, and it is highly possible that he will not face prison. Once the rule is implemented, only formalities will be left and our year-long wait will be over.”
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