Reported by Santosh Jagdev
Bhubaneswar, Feb 10:
The Special CBI Court today reserved its verdict on the interim bail plea of Mayurbhanj BJD MP Ramchandra Hansda’s, seeking permission to attend the upcoming Lok Sabha session, for the second consecutive day today and posted it to February 12.
Hansda’s counsel Rabindra Nath Patsani had urged the court on Monday to grant an interim bail to attend the Parliament session citing that he may lose his seat if he fails to attend the session.
“We have submitted the petition on two grounds. While Article 101 (4) the Constitution says that his seat will be declared vacant if he does not attend the House for 60 days, we are also contesting the provisions under which he has been charged,” Hansda’s lawyer said.
Notably, an MP should not remain absent for a period of 60 days without permission as it would lead to disqualification.
As per Section 167 (2) of the Criminal Procedure Code, chargesheet must be submitted before the court within 90 days or else the accused will be entitled to bail.
“My client is languishing in jail for the last 96 days and the chargesheet in the Nabagidanta case is yet to be submitted before the court,” Patsani said.
The lawyer contended that Hansda was first booked under Section 420 of the IPC in a Nayapalli Police Station case and the chargesheet be submitted within 90 days in the case. However, when the CBI took over the case, it booked a case under Section 409 of the IPC which necessitates that chargesheet is submitted within 120 days as per the Odisha Amendment of the CrPC.Since CBI Kolkata is investigaing the case, the Odisha Amendment of CrPC should not apply to the case.
As more than days have already passed since he was arrested, he is entitled to bail. “Otherwise, the court has been requested to permit him to attend the Parliament,’ Patsani said.
Hansdah, who was arrested by the CBI on November 4 last year in connection with chit fund firm Nabadiganta Capital Services Pvt Ltd, was suspended from the BJD by party supremo and Chief Minister Naveen Patnaik on the day of his arrest.
Sources said Hansdah has received summon from the President of India to attend the Lok Sabha session which would begin from February 23.