Orissa High Court Dismisses PIL Seeking List Of Political Prisoners Detained Under MISA During National Emergency

This is the third petition which was filed by Advocate Chittaranjan Mohanty with the similar prayers, after two analogous petitions were disposed of earlier. Pursuant to the order of the Court while disposing the second petition, the petitioner had made a fresh representation to the Chief Secretary, Government of Odisha on 10^th November, 2022 seeking the list.

The Department of Finance responded to the representation on 30^th November, 2022 stating-

“1. Finance Department do not have any scheme or provision to provide financial assistance to political prisoners of emergency unlike Freedom Fighters.

2. No list of Political prisoners under MISA or DIR during the period of Emergency is available in this Department.”

Sukanta Kumar Nayak, counsel appearing for the petitioner insisted that as the representation was made to the Chief Secretary, Government of Odisha, it is only he who could have responded to the representation. He contended that the Finance Department is not the proper authority to submit a reply in this case.

However, the Division Bench of Chief Justice Dr. S. Muralidhar and Justice Murahari Sri Raman was disinclined to accept such contention and said it is only the relevant Department which is handling the issue has to answer such representation. As in the instant matter, it was the Finance Department, no error was committed.

Further, while denying to pass direction for extending any financial assistance to such political prisoners, the Court said,

“If in fact there is no scheme of assistance devised as yet, the Court cannot issue a mandamus in that regard. The Court is not inclined to grant the reliefs as prayed for in this petition.”

Accordingly, the PIL was dismissed. Even after dictation of the order, the counsel for the petitioner requested the Court to grant permission to file a fresh application in this regard, but the Court did not entertain any such request.

Case Title: Chittaranjan Mohanty v. State of Odisha

Case No.: W.P.(C) No. 4073 of 2023

Order Dated: 20^th February 2023

Coram: Dr. S. Muralidhar, CJ. & M.S. Raman, J.

Counsel for the Petitioner: Mr. Sukanta Kumar Nayak, Advocate

Counsel for the Respondent: Mr. Debakanta Mohanty, Addl. Govt. Advocate

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