The Bihar government has defended its decision to release Anand Mohan, a murder convict and former Member of Parliament, prematurely from prison. The state filed a counter-affidavit in response to a plea filed by Uma Krishnaiah, the widow of District Magistrate G Krishnaiah, who was killed in an attack instigated by Mohan in 1994.

Uma Krishnaiah alleged that the Bihar government amended prison rules to facilitate Mohan's early release. However, the state argued that Mohan's release came after the removal of a discriminatory provision from the Bihar Prison Manual, 1925.

Previously, the manual stated that individuals convicted of murdering a public servant on duty were not eligible for premature release unless they had completed at least 20 years of their sentence. The state contended that this provision made the release criteria dependent on the victim's status, which was unfair. Other criteria in the manual were offense-specific.

Taking into account relevant Supreme Court rulings, the Union Home Ministry's Model Prison Manual of 2016, and the provisions of the Indian Penal Code (IPC), the state deleted the discriminatory provision from the Prison Manual.

The state emphasized that under the IPC, the punishment for murder does not vary based on whether the victim is a public servant or a member of the general public. Previously, a life convict who murdered a public servant was ineligible for premature release, while one who murdered a member of the general public could be released early. The Bihar government sought to eliminate this discrimination based on the "status of the victim."

The state clarified that several other states' remission rules did not contain such discrimination. It argued that the issue falls under the state's executive powers and does not affect the petitioner's fundamental rights, rendering the plea not maintainable.

The case is scheduled for a hearing on August 1, 2023. In April, the Bihar government amended the prison rules, leading to Mohan's release on April 24. Uma Krishnaiah challenged this decision and the amended Bihar Prison Manual through a petition in the Supreme Court. The court asked the Bihar government to explain its decision and provide original documents. Additionally, a Public Interest Litigation (PIL) has been filed before the Patna High Court to challenge the April 10 circular and the controversial prison manual amendment.