Orissa High Court Bar Association has filed a writ petition seeking judicial inquiry in to the alleged CBI raids occurred in the night of 19/20.09.2017 at the official residence of sitting High Court Judge, Justice C.R. Dash.
The Central Bureau of Investigation (CBI) had registered a case against former Orissa High Court Judge I.M. Quddusi and others in a corruption case. The FIR has been filed under Section 8 of the Prevention of Corruption Act, 1988 and Section 120-B of the Indian Penal Code. In connection with this case the agency had conducted raids in many places.
According to the petition;
(i) A team of C.B.I officials reached the residential bungalow of Hon’ble Justice C.R Dash at about 2:00 am in the night.
(ii) Notwithstanding the security staff deployed at the Quarter i.e. ISO-4, Gopabandhu Marg, Cantonment Road, Cuttack informing them that Hon’ble Mr. Justice C.R Dash is residing in the said bungalow, they still insisted on searching the house on the basis of an alleged search warrant.
(iii) The C.B.I. team violated the standard protocol meant for judiciary and despite being informed that Hon’ble Mr. Justice C.R. Dash is residing in the bungalow, they refused to pay any heed.
According to the CBI sources the agency sought to search the residence of Justice C.R Dash believing the same to be the residence of Justice I.M. Quddusi.
The Association submitted that this story of the CBI is unbelievable for the reason that firstly, Justice Quddusi had retired almost seven years back and left Odisha immediately after he being transferred to the Hon’ble High Court of Chhatisgarh on 25.03.2010. Secondly, the C.B.I team was repeatedly told by the security staff that the resident of the bungalow is Hon’ble Mr. Justice C.R Dash.
It is also submitted that the procedure adopted by the officers of CBI is contrary to Section 165(1) of the Criminal Procedure Code, 1973.
"As it appears they have obtained the search warrant for searching the Quarter No.ISO-4 by suppressing the fact that the premises are a residence of a Judge allotted by the High Court. Further by such act of the officials of the C.B.I, the provisions of Section 100 of the Criminal Procedure Code, 1973 have been blatantly violated. The manner in which the CBI officers tried to enter into the premises gives an impression that they were tracking a criminal or someone who was trying to escape the search. Banging on the gate of the bunglow in the dead of the night and arguing with another police officer reveals that they had some ulterior motive contrary to what had been narrated earlier”.
The petition seeks to appoint a judicial commission under the Commissions of Inquiry Act, 1952 headed by a sitting Judge of Court and the term of reference may be to examine if there was an attempt to harass or threaten the judiciary when judges refuse to deny bail or convict as per the sweet will of the prosecution like C.B.I.
The High Court lawyers went on strike today as per the resolution passed on Wednesday by an extraordinary General Body of Bar Association.
Meanwhile former High Court Judge IM Quddusi and four others were arrested by CBI in connection with the medical college scam case.