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Odisha govt files affidavit in SC in OJM leader re-arrest case

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Odisha Sun Times Bureau
New Delhi, Apr 4:

The Odisha government has filed an affidavit in the Supreme Court justifying the action of the state police in re-arresting Odisha Jan Morcha (OJM) leader Sangram Mohanty after he was released on bail on January 27 this year.

Sangram Mohanty being fed a sweet by OJM President Pyari Mohan Mohapatra after his release from jail in January this year. (File Pic)
Sangram Mohanty being fed a sweet by OJM President Pyari Mohan Mohapatra after his release from jail in January this year.
(File Pic)

Bibekananda Swain was the IIC of Badagada Police Station in Bhubaneswar during the arrest of Sangram Mohanty on January 27 this year. Biswaj Kumar Routray took over the charges as IIC on February 22, the affidavit said.

The police had initiated the process to arrest Sangram Mohanty days ahead of his release from jail based on an FIR (4/2011) registered against him. As the witnesses in the case had not recorded their statements, the arrest warrant could not be executed earlier, it stressed.

After the arrest of top Maoist leader Sabyasachi Panda and other members of the outlawed group, three persons had given statement against Mohanty.

Following this, a petition was filed before the Sorada JMFC to take Mohanty on remand as per the legal provisions, the affidavit noted.

The affidavit stressed that the government had not contravened any law and the arrest had been executed as per rules.

It may be recalled that the apex court had on March 16 pulled up the state government for the re-arrest of Sangram Mohanty, son of Maoist interlocutor Dandapani Mohanty, who had played a crucial role during two hostage crises in 2011 and 2012.

A division bench comprising Justice V Gopal Gowda and Justice C Nagappan rebuked the government in strong words for its failure to act on its directive to present its case.

The court had pointed out that the state police had arrested Sangram even though the Supreme Court itself had granted him bail.

The bench went on to ask, “Why this act should be not considered contempt of court? Does the police believe in rule of law or does it consider itself too smart?”

The bench further warned that it could summon the Police DG himself, if required.  State government’s counsel Siba Shankar Mishra had promised to the court to get the arrest report from the police SP and submit it in the court within two weeks.

Meanwhile, the next hearing has been posted to April 6.