Orissa High Court Issues Contempt Notice To DSP For Non-Appearance Despite Notice; Orders DGP To Ensure His Presence On Next Date

The Orissa High Court has issued contempt notice to a police officer in the rank of Deputy Superintendent of Police (DSP) for not appearing before it through virtual mode despite of previous notice and intimation through Government lawyer.

The Single Bench of Justice Sangam Kumar Sahoo also directed the Director General of Police (DGP) to ensure the presence of the DSP before the Court on the next date of hearing and ordered:

“The Director General of Police, Odisha shall ensure the personal appearance of the said D.S.P. Sudhakar Sahu before this Court on 06.12.2023.”

The Court was hearing the bail application filed by two persons accused of committing gang rape of a lady belonging to SC/ST category.

The appellants had previously approached the High Court in separate bail applications, which were rejected through a common order giving them liberty to renew their bail application after examination of the victim in the trial Court.

Subsequently, the appellants approached the trial Court for bail. However, the trial Court rejected their bail on 08.09.2023 noting that charge is yet to be framed and the same is delayed due to non-production of material objects and chemical examination report.

The trial Court had also asked the investigating officer as well as the Special Public Prosecutor to produce the material objects and chemical examination report before it within fifteen days.

On the previous date of hearing, i.e. 14.11.2023, the High Court took note of the above observation made by the trial Court and had observed that though two months have elapsed in the meantime, those materials and report are yet to be produced before the trial Court.

It had accordingly ordered the investigating officer to appear before it through virtual mode on 21.11.2023 to explain as to why the material objects and the chemical examination report were not handed over to the trial Court despite clear direction.

When the matter was taken up for hearing on Tuesday, the State Counsel apprised the Court that despite his instruction, the investigating officer expressed his unwillingness to appear before the Court as he has been transferred to a different jurisdiction.

Sonak Mishra, Additional Standing Counsel for the State informed the Court that though he spoke to the officer over telephone and asked him to appear, he turned down such instruction.

The Court was enraged by such contemptuous behaviour of the police officer and went on to order explanation from the police officer, who is presently posted as DSP, Sarankul in the district of Nayagarh.

“D.S.P. Sudhakar Sahu shall file show cause as to why proceedings as contemplated under the Contempt Of Courts Act, 1971 shall not be initiated against him for not following the direction of this Court on 14.11.2023 and not appearing through virtual mode in spite of instruction being given by the learned State counsel,” it ordered.

The matter is now posted to 6^th December, 2023 for further hearing.

Case Title: Umakant Sahu & Anr. v. State of Odisha & Anr.

Case No: CRLA No. 1119 of 2023

Date of Order: November 21, 2023

Counsel for the Appellants: Mr. Bhojaraj Seth, Advocate

Counsel for the Respondents: Mr. Sonak Mishra, Addl. Standing Counsel; Mr. Kranti Prabha Mukhi, Advocate

Click Here To Read/Download Order