Contempt Consent to Plea for Special Treatment to Convicted Ex-MP Anand Mohan Dismissed

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Anand Mohan (wearing a red jacket) is serving a life sentence for the murder of an IAS agent.

New Delhi:

Attorney General KK Venugopal has withheld consent to file contempt charges against 13 people, including prison and police officials, over controversial politician Anand Mohan who was allegedly allowed to visit his residence in Patna after his court appearance before a court of first instance.

Attorney General Venugopal has said that the Attorney General’s contempt jurisdiction is limited to dealing only with criminal contempt cases in the Supreme Court of India.

Anand Mohan is serving a life sentence for the murder of IAS officer G Krishnaiah in 1994.

Mr Venugopal’s decision came on a letter from barrister Brajesh Singh who had sought contempt proceedings against 13 people for willfully interfering with and obstructing the administration of justice for allegedly allowing Mohan to be released from Saharsa prison for approximately 47 hours.

The lawyer had quoted press articles and called for legal action against 13 people, including police officers and prison officials.

“I have considered your application for leave to institute criminal contempt proceedings in the Supreme Court of India against 13 named persons in connection with the appearance of Mr Anand Mohan at the Patna Magistrate’s Court.

“Under Section 15 of the Contempt of Courts Act 1971, the jurisdiction of the Attorney General in contempt is limited to cases of criminal contempt of the Supreme Court of India. The facts that you have recounted do not in any way constitute a criminal contempt of the Supreme Court of India. I therefore withhold my consent,” the senior judicial officer said in his letter.

Six police personnel have been suspended in connection with the incident involving a controversial politician.

According to Section 15 of the Contempt of Courts Act, the approval of the Attorney General or the Solicitor General is a pre-requisite for initiating criminal proceedings for contempt in the superior court.

Mohan, who is serving a life sentence for the murder of IAS officer G Krishnaiah, was brought to Patna last week to appear in court. The so-called Robinhood who liked to be photographed at the time holding a gun, surrounded by a group of armed minions, Mohan was associated with the undivided Janata Dal but split to form his own party.

Mohan and his wife have both served as members of the state legislature and the Lok Sabha in the past.

Mohan was sentenced to death by the Magistrate’s Court for the murder of Krishnaiah, then a district magistrate of Gopalganj who was lynched in 1994 by a mob on the outskirts of Muzaffarpur believed to have been incited by the politician .

The death sentence was later commuted to life imprisonment by the Patna High Court. Many other co-defendants in the case were acquitted for lack of evidence, although Mohan’s appeals against the trial court’s order were overturned by the High Court as well as the Supreme Court.

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