PATNA: A Public Interest Litigation (PIL) has been filed in Patna high court against the amendment in Bihar Prison Manual 2012 facilitating the release of a criminal-turned-former MP Anand Mohan and 26 others from the state's different jails.
The PIL has been filed on behalf of Amar Jyoti, Bihar in charge of Bhim Army's Bharat Ekta Mission.
It alleged that the Nitish Kumar government tweaked the state's prison manual to favour life convicts serving sentences for serious crimes.
On April 24, the law department issued a notification asking superintendents of jails concerned to initiate the process of releasing convicts on a permanent basis in the wake of the recent decision of the state government.
On April 10, an amendment to a certain clause was approved by the state cabinet at its meeting chaired by Chief Minister Nitish Kumar.
Subsequently, it got its nod from the screening committee, which finalised the list of prisoners to be released.
On Wednesday Anand surrendered in Saharsa jail after his 15-day parole came to an end. He is serving a sentence in the then Gopalganj district magistrate G Krishnaiah murder case of 1994.
Before leaving for Saharsa, Anand told media persons in the state capital that he would reply to questions raised by some political parties over his release once he walks out of the prison permanently.
Anand is set to be released on a permanent basis either on Thursday or Friday.
The two-term MP from Rajput-dominated Sheohar Lok Sabha seat Anand was quite confident of being released from jail in a day or two. He, however, parried questions on the possibility of joining political parties soon after his release.
“Let me talk to my workers and supporters on the issue. Then I will let you know,” he told the media with folded hands. He was on parole to attend the pre-wedding ceremony of his son Chetan Anand, sitting RJD MLA from Sheohar.
Besides Anand, those whose release has been ordered include former JD(U) MLA Awadhesh Mandal, whose wife Bima Bharti is an ex-minister.
A senior official of the prison directorate said the formalities were being completed for setting free altogether 27 prisoners, who have either completed 14 years of imprisonment or 20 years.
"The order of their release is being dispatched to respective jails for the purpose,” a senior official of the state prison directorate said. On April 10, the state government brought about changes in Bihar Prison Manual 2012 to pave the way for the release of 27 prisoners.
Anand's release has caused a row among political parties in the state. Lawmakers from BJP alleged that the Bihar government's decision to amend prison rules was 'unconstitutional'. “The decision is against the people and Dalit community. It has been taken keeping election in mind,” BJP MP Sushil Modi said.
He alleged that the 'MY' (Muslim Yadav) combination played a significant role in an amendment of the rules. A host of prisoners hailing from Yadav and Muslim communities figured in the list prepared by the department concerned, he added.
However, deputy chief minister and RJD leader Tejashwi Prasad Yadav countered it saying, "What is the controversy in it? He has already served his sentence and now is being released legally,” he told the media.
In a statement issued on Tuesday the Indian Civil and Administrative Service (Central) Association, a group of central civil services officers, expressed its dismay over the Bihar government's decision and said that it was tantamount to a denial of justice. The association urged chief minister Nitish Kumar to reconsider the decision.
Meanwhile, former IPS officer Amitabh Kumar Das said that he was in touch with a group of lawyers to file a PIL in the Patna high court. The slain 1985-batch IAS officer G Krishnaiah's wife Uma Devi had also expressed her shock over the Bihar government's decision to release the convict serving sentence in her husband's murder case.