Bhubaneswar: As Orissa High Court retired judge Justice JP Das reached Jharsuguda to monitor the Crime Branch investigation into the murder of former Health minister Naba Kishore Das, opposition BJP alleged that there is no legal sanction behind his appointment.
The state government had written a letter to the Registrar of the High court to name either a sitting judge or a retired judge to monitor the investigation as the opposition parties demanded a CBI or court-monitored SIT probe into the sensational murder case. The high court had suggested the name of J P Das to supervise the probe.
However, the BJP which has been demanding a CBI probe into the minister’s murder, alleged that there is no such provision under the CrPC for external intervention into the investigation process, by a retired high court judge.
“I am afraid if CrPC grants power to a retired judge to monitor a criminal investigation? It is a clear breach of the statute due to executive remissness. Things are not being done in the manner it is required to be done under the law,” senior BJP leader and High Court lawyer Pitambar Acharya told reporters here Tuesday.
On the BJP leader’s allegations, ruling BJD MLA and government chief whip, Prashant Muduli said, “The opposition has a habit of making such allegations. Society and democracy will not survive if they don’t have faith in the judiciary.”
Acharya, who unsuccessfully contested against Naveen Patnaik in Hinjili assembly segment in 2019, also asked the state government to show the copy of judicial order on the appointment of a retired judge to supervise the ongoing investigation by the crime branch.
The senior BJP leader also alleged that the government engaged a retired high court judge to monitor the case as it has no trust in its own agency. “Therefore, the state government approached the High Court to nominate a sitting or retired judge to monitor the investigation,” Acharya said.
He raised questions like: “Where is the judicial order on appointment of the retired judge? On the basis of which judicial proceeding/writ petition/application, You are claiming that one retired judge is monitoring the investigation in the case? Show me the High Court order and you should make the appointment order public. This is neither a judicial proceeding nor a consultation under a Judicial Commission of Inquiry Act.”
Acharya also accused the BJD government of misleading the people in the name of the High Court.
Meanwhile, Justice Das along with Odisha DGP SK Bansal and Director of intelligence SK Panda on Tuesday visited Jharsuguda and set to visit the murder site at Gandhi Chowk in Brajrajnagar to supervise the case.
In a related development, the Crime Branch Tuesday took the lone accused ex-ASI Gopal Das to the murder site for crime scene recreation.
January 29 Gopal Das had fired two rounds from his service revolver at the minister and one bullet pierced his chest.
PTI
