District Magistrate Lynching Case : Supreme Court Directs Former Bihar MP Anand Mohan To Deposit Passport & Report Fortnightly To Police

In a plea challenging the premature release of former Bihar MP Anand Mohan in a case against mob lynching of a District Magistrate in 1994, the Supreme Court today directed that Mohan shall immediately deposit his passport with the local Police Station and report there on a fortnight basis.

The Bench, comprising Justices Surya Kant and KV Viswanathan, passed the order in view of information placed on record by the petitioner pertaining to Mohan's involvement in other cases.

The petition is moved by Uma Krishnaiah, widow of District Magistrate G Krishnaiah, who was killed in an attack in 1994 by a Mohan-led mob. Mohan had been sentenced to life imprisonment for the offence, however, he walked out of jail on April 24, 2023 after statedly serving 14 years of imprisonment, in view of remission of sentence by the Bihar Government.

The petitioner avers that Mohan's remission was made possible by Bihar government's amendment of the State's remission policy, which initially rendered persons convicted for the murder of public servants on duty ineligible for remission before completion of 20 years of sentence. It is claimed that Mohan's release was contrary to public policy and would amount to demoralizing public servants. The petitioner also contends that the remission policy, which was prevalent at the time of the offence, should be applied.

Besides Mohan, the petition impleads the Bihar government & its Remission Board, as well as the Union. On May 8, 2023, the top court had issued notice in the same.

Today, the counsel who appeared for the Union of India sought 4 weeks' time to file counter-affidavit. Taking objection, Senior Advocate Siddharth Luthra, appearing for petitioner, said that the Union was issued notice on May 8, whereafter appearance was entered on its behalf, and now the matter could not be pushed off for one reason or the other.  

Justice Kant, expressing serious displeasure, told the Union's counsel, "it is not at your sweet will that whenever you want to appear before Supreme Court, you do...and then you don't want, you don't...".

The court even asked for the name of the officer who gave the Union's counsel instructions to appear today.

During the hearing, referring to Bihar's additional affidavit, Senior Advocate Luthra also contended that the instant case was a "bizarre" case where the convict (Mohan) had not even undergone 14 years of incarceration. Instead, he only spent about 8 years in custody and is now out playing a political role, "doing what the State wants him to do".

Considering time constraints, the court listed the matter for February 27 and passed the aforementioned directions wrt Mohan. As a last opportunity, the Union was permitted to place on record its response within a week.

On Mohan's counsel requesting the court to re-consider the directions passed, Justice Kant said that the order had been passed keeping in view further information that there are some other cases also (against Mohan).

"Let him comply with the order", the judge remarked.

Advocate-on-Record Tanya Sree briefed Senior Advocate Siddharth Luthra for the petitioner.

Case Title: Telugu Umadevi Krishnaiah and Anr. v. The State of Bihar and Ors. WP(Crl) No. 204/2023

Click Here To Read/Download Order