To
Shri Nitish Kumar
Chief Minister
Bihar
Dear Shri Nitish Kumar,
Your government’s decision to release the politician, Anand Mohan Singh, convicted of the murder of Shri G Krishnaiah, an IAS officer, the former District Magistrate of Gopalganj on December 5, 1994, defies all ethical norms and raises serious questions of propriety.
I understand that the State government issued a notification on April 10, 2023, to delete Rule 481(i)(a) of the Bihar Prison Manual, 2012, which in effect excluded a person convicted of murdering a public servant from the list of convicts ineligible for remission. From the events that preceded the notification, it appears that the said notification was deliberately tailor-made to facilitate the State government prematurely releasing the murder convict, Anand Mohan Singh (https://thewire.in/government/why-did-the-bihar-govt-change-remission-rules-to-aid-the-release-of-convicted-killer-anand-mohan). To that extent, the notification should be deemed to be injudicious and prejudicial to norms of equity.
Moreover, under Rule 403 (iii) of the Bihar Prison Manual, a convict cannot claim remission as a matter of right.
By issuing such a notification, has not the State government sent a clear message to the public and its own officers that murdering an officer on duty would no longer rule out the possibility of the murder convicts being released prematurely? Does it not give a license to criminality?
Are you aware that Smt Uma Krishnaiah, Shri G Krishnaiah’s wife, perturbed by the State government’s regressive and insensitive decision, has moved the Hon’ble Supreme Court for justice? Does it not prick the State Government’s conscience?
The hurried manner in which the State government has granted remission to Anand Mohan Singh and 26 others reflects its distorted priorities in dealing with Bihar’s jail inmates. https://ncrb.gov.in/
According to 2021 Prison Statistics (https://ncrb.gov.in/), there are at least 7300 convicts in Bihar’s jails out of whom 280 are women. Out of the 7300 convicts, those belonging to the SCs/STs/OBCs are 4359. How is it that the State government has not cared to display a similar sense of munificence towards them?
There are 59,577 “undertrials” languishing in Bihar’s jails, out of whom 2779 are women. Out of the 59,577 undertrials, 44,193 belong to the SCs/STs/OBCs. “Undertrials” are those who are yet to be proven guilty and are therefore deemed to be innocent. Had the State’s investigation agencies cared to expedite and complete investigations in their cases, many of them would have established their innocence by now and would have been freed. Has the State government cared to streamline investigations and provided the undertrials with legal assistance?
When the State government has not cared to address the problems of thousands of its unfortunate citizens, mostly belonging to the disadvantaged sections of the society, condemned to be jailed as “undertrials”, it is unfortunate that it should display an unseemly sense of haste in prematurely releasing 27 convicts. Does it not amount to political opportunism of the worst kind?
I sincerely hope that what I have pointed out above will make you and your colleagues in the State government ponder over the remissions granted and the amendments made to the Bihar Prison Manual.
It is unfortunate that India’s politics should be guided, not by public interest, but by unhealthy political opportunism.
Regards,
Yours sincerely,
E A S Sarma
Former Secretary to the Government of India
Visakhapatnam
