Orissa High Court Issues Notice On A Decade Old Plea Seeking Compensation For Incarceration In Allegedly False Sedition Case

The Orissa High Court has ordered fresh issuance of notices to the Respondents in a decade-old matter for compensation to a lawyer-activist, allegedly incarcerated on the false charge of sedition.

A division of Bench of Chief Justice Muralidhar and Justice BP Routray rejuvenated the matter by ordering fresh notices, upon observing that the case was only listed twice in the last decade and service of notice was still not complete.

The petitioner, a lawyer-activist, was arrested on August 12, 2008, on allegations of participating in the banned CPI (Maoist) subversive activities on several claims, including murder, dacoity, and sedition, for participating in a 'people's protest.' She was incriminated in two separate cases. The petitioner was acquitted of all charges after spending nearly two-and-a-half years in jail. She filed a petition seeking compensation and punishment for the police officers involved in the alleged fabricated cases that caused her to suffer mental trauma and public humiliation.

The Division Bench noted that the matter was listed only twice in the last ten years- February & September 2012. It also stated that the serving of notices was not complete for want of correct address, and the report of the serving of notices to opposite parties was not available. The Bench thus directed the State Home Department to provide the correct addresses of the opposite parties within four weeks. 

The order stated,

"Opposite Parties are not staying in the addresses indicated in the cause title of this petition. Since they were police officers, we direct the Opposite Party No.1 to provide the correct present addresses of Opposite Parties 4, 5 and 8 with a copy to learned counsel for the Petitioner, to the Registry within four weeks. The Petitioner shall thereafter file the requisites for service of notice upon Opposite Party Nos.4, 5 and 8 by Registered Post with A.D."

The matter is posted for hearing on November 16.

Case Title: Pratima Das v. State of Odisha & Ors. 

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