Orissa DGP gets reprieve till February 26

Cuttack, Feb 15 (UNI) The Orissa High Court today extended the interim protection granted to Director General of Police (Home Guard and Fire Services) B B Mohanty from being arrested by the Rajasthan police till February 26.

Mr Justice L K Mohapatra, who had granted interim protection to Mr Mohanty till February 5 and further extended it to February 15, today posted the case to February 26 after hearing the argument submitted by Rajsthan Additional Advocate General R S Rathore.

The judge, while posting the case to February 26, ordered that the earlier interim protection granted to Mr Mohanty would stand till that date.

While arguing on the maintainability of the case in the Orissa High Court, Mr Rathore submitted that since the place of offence was within the jurisdiction of the Lalkothi police station in Jaipur, the Orissa High court has no jurisdiction to consider the anticipatory bail petition of the DGP.

He cited several past judgments in this regard delivered by the Apex court and various High courts including that of Orissa High Court and claimed that the interim protection granted to Mr Mohanty would ''not be tenable under the law''.

Mr Rathore also moved an objection affidavit with supportive documents stating that there has been a prima-facie case established against the Orissa DGP for releasing his son Bitti Mohanty, convicted in the Alwar Rape case on parole.

Mr Mohanty had moved the Orissa High Court on January 16 last for an anticipatory bail apprehending arrest by the Rajsthan police on the case relating to the jumping of parole by his son, sentenced to seven years jail by a fast track court in Jaipur for raping a German woman.

The Judge while granting interim protection, called for the case diary and other documents from Rajsthan court which has issued a warrant against the Orissa DGP.

The Additional District Magistrate of Jaipur had issued a warrant of attachment against Mr Mohanty and directed the Orissa Chief Secretary to attach his property if he failed to deposit the surety bond of Rs.50,000 within 15 days.

The warrant has been issued against the DGP for allegedly aiding his son Biti Mohanty,jump parole on December 4 last.

Bitti lodged in Jaipur central jail, was granted parole and was supposed to report on December 4 last but he failed to do so and went untraced. His father has been maintaining that he has no idea about the whereabouts of his son and that he had not signed the parole bond.

The Rajsthan police, on the other hand, had been alleging that the DGP had released his son on parole after furnishing necessary document. They arrived here in December and again in January to trace Bitti Mohany but failed on both the occasions and return empty handed.

The Rajsthan Additional Advocate General today argued that he has all the documents to prove that Mr. Mohanty was in Jaipur to release his son on parole.

Mr Justice Mohapatra who also heard the argument submitted by Mr. Mohanty's counsel Debashis Panda, posted that matter to February 26 and ordered that interim protection granted to Mr Mohanty would stand till that date.

UNI