Odisha Sun Times Buerau
Cuttack, May 15:
The Odisha High Court on Thursday quashed the promulgation of prohibitory orders under Sec 144 A of the CrPC by the Sambalpur Collector during the religious procession of Hanuman Jayanti Samnwaya Samitee on April 14 this year.
By virtue of this now impugned order, the local police had arrested former MLA and BJP leader Jaynarayan Mishra for violation of the prohibition orders. Mishra was later released on bail by a local court.
A single-bench of Justice Shatrughana Pujahari, while hearing a petition filed by Col PK Panda, president of Hanuman Jayanti Samanwaya Committee, quashed the collector’s order while observing that the relevant section of the criminal procedure code (as amended in 2005) has not been given effect to by the Central government by way of a gazette notification.
The court directed the collector that no coercive action shall be taken against the Samitee members for violation of such impugned orders.
“Even the subsequent arrest of Mishra under section 153-A of IPC was also held as bad in the eyes of law for the similar reasons,” said the Samitee counsel Digambar Mishra.