THE SENSITIVE CASE OF SUBHASHREE PANDA

The Sensitive Case of Subhashree Panda 21/10/2011

Orissa News : Orissa High Court today quashed the case registered and taken cognisance of by a fast track court against Subhashree Panda alias Mili Panda, the wife of Orissa based Maoist leader Sabyasachi Panda.This is a big relief for her , who got arrested on the night of January 14th 2010.

Police had registered the case against her under the Unlawful Activities (Prevention) Act for alleged involvement in terror activities. The fast track court of adhoc additional district sessions judge, Khurda, had taken cognisance of it observing that “there are sufficient materials to frame charge against the accused”.

“The high court order paves the way for her release from custody,” Subhashree’s counsel Manoj Mishra told The Telegraph. Subhashree is lodged at Jharpada jail in Bhubaneswar.

The accusation came in wake of naming of these five lawyers as supporters of Subhashree Panda, wife of dreaded Maoist leader Sabyasachi Panda, in a statement allegedly recorded from Ms. Panda.

The five lawyers are Nihar Ranjan Patnaik and Gupteswar Panigrahi from Koraput, Santosh Kumar Mohapatra from Berhampur, Biswapriya Kanungo from Bhubaneswar and Prasant Kumar Jena from Cuttack. Mr. Kanungo and Mr. Jena were defending case of Subhashree Panda who was arrested last year.

Mr. Kanungo said Ms. Panda had complained in court of law that Crime Branch had taken her signature on blank papers. “We fear those papers are being used to implicate lawyers and human rights activists,” he charged.

“Such type of serious and conscious efforts by the government machinery to intimidate and scare defence lawyers certainly is a great hurdle for member of legal profession to perform their duty properly and it is adversely affecting the right to profession as guaranteed under Article 19 (G) of the constitution,” they said in the complaint.

These lawyers further alleged if such would be the situation, accused persons would be seriously handicapped in defending themselves in engaging lawyers of their own choice which was a fundamental right guaranteed under Article 22 of the constitution.

They urged Bar Council to intervene in the matter and safeguard rights, privileges
and interest of five legal professionals in particular and legal professionals of the State as a whole and impress upon the government not to create a terror atmosphere under which defence lawyer could not discharge their duty properly.

Some other lapses during and after her arrest were also pointed out. “The high court, however, did not pass any observation on them, saying it was not necessary after quashing the cognizance taken by the fast track court,” Subhashree’s counsel said.
It was alleged that provisions of the Criminal Procedure Code (CrPC) and Supreme Court guidelines were violated from the time of her arrest. She was arrested after sunset in the absence of a magistrate and her nine-year-old daughter was left behind helpless. She was also not allowed to contact her relatives and lawyer. Subhashree was remanded in police custody beyond the stipulated 15 days. This was done by the court of the judicial magistrate (first class), Banapur, without vetting the case diary, it was alleged.

But however the Hon’ble High Court on Wednesday quashed the proceeding against Subhashree panda , the wife of the Chief of the Moist leader Sabyaschai Panda. It is further lamented that Under the Provisions of Unlawful Activities ( Prevention) act , the state govt should appoint another officer to make an independent opinion or review of the case against the accused, but the case procedure was violated, according to High Court of Orissa. “In the this matter of Subhashree panda right procedure was taken, we can certainly remedy it.” Said the Chief Secretary Mr. Bijay Patnaik to Times of India and other reporters.

SANGRAM KESARI PANDA,
CORRESPONDENT THESE DAYS,
THROUGH
BEREAU CHIEF,
SIDDHARTHA SHANKAR MISHRA,
THESE DAYS , TASVER E HIND,
ORISSA, SAMBALPUR