CUTTACK: The Orissa High Court on Monday issued a stay order on the National Commission for Scheduled Tribes (NCST) order for the arrest of Keonjhar Collector Ashish Thakare. The NCST had issued arrest warrant against Thakare for failing to respond to summons to appear before it in connection with complaints related to tribal affairs.
Challenging the order in the high court, Thakare argued the Commission had exceeded its power by issuing the arrest order. Moreover, there is no necessity of personal appearance of the Collector in connection with the complaints, it was argued.
Taking note of the arguments the single judge bench of Justice Biswanath Rath said, “This court is of the prima facie opinion that there is exercise of power by the Commission beyond scope and limits under the Rule.” Justice Rath issued notice to the NCST and posted the matter to after six weeks. In the interim, Justice Rath directed that operation of the arrest order and consequential letter to the Director General of Police (DGP) “shall remain stayed till next listing of the case”.
“It is further made clear that pendency of the writ petition shall not stand on the way of the Commission to proceed in the inquiry involved, if any, and if falls within its domain to arrive at conclusion even in absence of the Collector providing right of submission to the representative of the Collector on appropriate notice,” Justice Rath further specified in the order.