CUTTACK: The Orissa High Court has stayed an order directing a three-year-old boy to stay in prison with his mother, who is facing murder charges of killing her mother-in-law.
Justice RK Pattanaik, while hearing a petition filed by the child’s father, on September 11, directed the state and the accused mother, to respond to the plea. The court stayed the August 25 order of the Gram Nyayalaya-cum-JMFC, Bhograi, until the next hearing.
The petitioner father’s counsel submitted that the lower court had erred in directing that the child be taken to prison to stay with his mother, who is currently in judicial custody. The child is not breast-feeding and his father is available to take care of him, he submitted.
Referring to Rule 338 of the Odisha Prison Rules, 2020, the counsel argued that a child up to six years of age can be admitted to prison with his mother only when no other arrangements can be made. The petitioner, being the child’s father and lawful guardian, is capable of providing a safe environment, the counsel submitted.
He further argued that keeping the child in prison with the accused mother was not in his best interest, particularly in view of the allegations against her in connection with the death of former’s grandmother.
Considering the submissions and material on record, Justice Pattanaik said the court was inclined to seek responses from the state and the mother before passing further orders. The case has been posted for October 12.
As per case records, Bhograi police arrested the 35-year-old woman on June 28 in connection with an attack by her on her 63-year-old mother-in-law at their house in Patharghata village. The elderly woman later died.