CUTTACK: Being an undertrial prisoner (UTP) for nine years does not infringe the fundamental right to life and liberty, Orissa high court has held on a plea by a Maoist kingpin, Sabyasachi Panda.
Panda (55) faces 131 cases, of which he has been acquitted in 89, his counsel BS Rayaguru pointed out as he sought his production and release. But a division bench of Justice Arindam Sinha and Justice M S Sahoo rejected the contention.
“Where petitioner is in custody as an undertrial and a convict, it cannot be said his fundamental right to life and liberty has been infringed to persuade us to exercise discretion in directing his production for the purpose of release,” the bench said in its April 3 order dismissing Panda’s writ petition.
The judges ordered HC registry to change the nomenclature of Panda’s plea from a writ petition (criminal) to criminal miscellaneous petition and place it before the bench assigned for such pleas.
Panda has been in jail since July 2014. In May 2019, Odisha‘s Berhampur court sentenced him to life for waging war against the nation. In July 2019, he filed an appeal in HC, which is hearing the case and last took it up in Nov 2023.
Panda (55) faces 131 cases, of which he has been acquitted in 89, his counsel BS Rayaguru pointed out as he sought his production and release. But a division bench of Justice Arindam Sinha and Justice M S Sahoo rejected the contention.
“Where petitioner is in custody as an undertrial and a convict, it cannot be said his fundamental right to life and liberty has been infringed to persuade us to exercise discretion in directing his production for the purpose of release,” the bench said in its April 3 order dismissing Panda’s writ petition.
The judges ordered HC registry to change the nomenclature of Panda’s plea from a writ petition (criminal) to criminal miscellaneous petition and place it before the bench assigned for such pleas.
Panda has been in jail since July 2014. In May 2019, Odisha‘s Berhampur court sentenced him to life for waging war against the nation. In July 2019, he filed an appeal in HC, which is hearing the case and last took it up in Nov 2023.