HC quashes case against Mili

CUTTACK: In a significant judgment, the Orissa High Court on Wednesday quashed the trial against Subhashree Dash, wife of top Maoist leader Sabyasachi Panda. It set aside order of cognisance taken by the court of JMFC Banapur on the ground that proper procedure for an independent review has not been followed by the State Government.  The single judge Bench of Justice Indrajeet Mohanty held that the sanction of prosecution having not been validly taken, the order taking cognisance of the offences under Sections 16, 17, 18, 20, 21, 38 and 40 of the Unlawful Activities Prevention Act (UAPA) was not sustainable under law. Subhashree, also known as Mili, was arrested on January 14 last year from a rented house on the outskirts of Bhubaneswar.The Bench observed that the Government has not appointed the Review Authority as required under Section 45(2) of UAPA. Review by any special authority in the absence of an independent one could not be established and as such there is no valid sanction for prosecution, the court ruled. During hearing of the case, Subhashree’s counsel had raised the question of competency of the police officer who had investigated the case. The case should have been investigated by an officer not below the rank of a DSP and not by an inspector rank officer, the petitioner contended. It was also argued that there being no independent reviewing authority appointed by the Government, the sanction was not valid. As per the provisions of UAPA, cognisance of offence cannot be taken without previous sanction. Nod for trial shall be given after considering the report of such authority. During Subhashree’s arrest, police had said that she was an active member of the Orissa organisational committee of the CPI(Maoist) and claimed to have seized about `4 lakh, a laptop, maps as well as Maoist literature from the house.