“The punishment for murder of general public or a public servant is same. On the one hand, the life convict prisoner, guilty of murder of general public, is considered eligible for premature release and on the other hand, the life convict prisoner guilty of murder of a public servant is not eligible for consideration for premature release. The discrimination on the basis of status of a victim was sought to be removed,” it said in its counter affidavit filed before the top court.
“The state formulates remission policy to regulate grant of remission to the convicts. Any such policy only confers certain benefits and rights upon the convict and it does not take away any right of the victim. Therefore, a victim cannot claim violation of fundamental rights to file petition under Article 32,” it added.
Anand Mohan Singh was released from the Saharsa jail following an amendment in Bihar’s prison rules.
Earlier, a bench of Justices Surya Kant and J.K. Maheshwari issued notice on the plea filed by Uma Krishnaiah, the wife of G. Krishnaiah. It directed the Bihar government to produce original records in connection with the remission granted to the former MP.
The petition said that the life imprisonment handed down to Anand Mohan Singh meant incarceration for his entire natural course of life, and alleged that the Bihar government amended the Bihar Prison Manual, 2012 with retrospective effect vide amendment dated April 10, 2023, in order to ensure that the convict be granted the benefit of remission.
In 1994, Krishnaiah, then District Magistrate of Gopalganj, was beaten to death by a mob when his vehicle tried to overtake the funeral procession of gangster Chhotan Shukla. The mob was instigated by Anand Mohan Singh.
–IANS
puneet/vd