- Any modernistic and future-oriented society should be endowed with more than adequate law and order enforcement machinery to ensure the justice delivery system is not only well-rounded but also bereft of glaring loopholes. Especially in a democratic form of governance, the legislature, the executive, and the judiciary—considered the three pillars of the Constitution—must act in tandem to uphold the virtues of a fair justice delivery system. The Constitution-mandated watchdog in the form of the higher judiciary must ensure the right interpretation of the law of the land and adjudicate on matters of great importance. Likewise, the legislature is tasked with enacting relevant laws within the purview of constitutionally mandated rights without prejudice.
PC: freepik
- However, it has been noticed with great consternation how the legislature tends to dilute the tenets of the law in line with political expediency. Look at how the Bihar government has acted so brazenly in recent times. Little can be more brazen or cynical than altering prison rules to facilitate the release of a murder convict for political reasons. But that is exactly what Nitish Kumar’s JDU government did earlier in April when it amended the Bihar Prison Manual 2012 to remove the phrase “murder of a public servant.” The existing rule disallowed the remission of convictions for terrorism, rape, murder, and the murder of state officers. The unholy nexus between bureaucrats, and criminals is at play here without nary a concern for morality or ethics.
- Expectedly, within a fortnight of the change, former RJD MLA Anand Mohan was set to be freed from prison, purportedly to re-enter the electoral arena ahead of the 2024 Lok Sabha polls. His political influence is expected to pull in some of Bihar’s approximately 6–7% Rajput vote. It is also seemingly why the opposition in Bihar spoke with a forked tongue, i.e., criticizing the rule change yet not vociferously criticizing Mohan’s release. For the uninitiated, a trial court sentenced Mohan to death for the 1994 lynching of Gopalganj DM, a Dalit Officer. The Patna High Court commuted that sentence to life. Yes, across the country, remission cases are on the rise. Bilkis Bano’s case in Gujarat comes readily to mind. Politicians flouting due process is not new either.
PC: freepik
- It’s quite disturbing to note that the executive appears to arrogate to itself the right to lay waste to criminal justice procedures. Look no further than how the Bihar government is unmoved by the widespread criticism over Mohan’s release. Nobody disputes that remission, if fairly applied, extends a chance at a second life for the convicts. Unfortunately, and this is as distressing as it is unsurprising, governments are rarely concerned over remissions for politically irrelevant convicts. Parochial considerations drive politicians of all hues to override fair justice for convicted criminals. The families of the victims are bound to feel short shrift and will be left with no option but to knock on the doors of the higher judiciary. Hopefully, the judiciary will step in.
