Orissa High Court 
Odisha

Relief for political prisoners under MISA, Orissa High Court quashes PIL

Jaruri Stitih Rajabandi Abhiyan’s working president advocate Chittaranjan Mohanty had filed the petition.

Express News Service

CUTTACK : The Orissa High Court on Monday dismissed a PIL seeking direction to the state government to provide financial assistance along with free healthcare to political prisoners arrested and jailed under Maintenance of Internal Security Act (MISA) during Emergency from 1975 to 1977.

Jaruri Stitih Rajabandi Abhiyan’s working president advocate Chittaranjan Mohanty had filed the petition. The court declined to give any direction taking into consideration the reply that was communicated to the petitioner on November 30, 2022 in reply to his representation to the chief secretary on November 10, 2022.

The Finance department said, “No list of political prisoners under MISA during the period of emergency is available with the department. Moreover, the department do not have any scheme or provision to provide financial assistance to political prisoners of Emergency unlike freedom fighters.”

The division bench of Chief Justice S Muralidhar and Justice M S Raman said, “If in fact there is no scheme of assistance the court cannot issue a direction in this regard.” Petitioner counsel Sukanta Kumar Nayak insisted that since the representation was addressed to the chief secretary, it is he alone who can reply and not the Finance department. However, the bench said, “The court is unable to agree as the department which is handling the issue has to answer what has happened in the present case.”

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