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Odisha- Campaign against fabricated cases – hunger strike by udner trials

prisonOn behalf of ;Campaign Against Fabricated Cases(CAFC), Odisha, on today  we have filed a Petition before the Odisha Human Rights Commission, Bhubaneswar regarding hunger strike by Under Trial Prisoners(UTPs) in Bhanja Nagar (Ganjam District of Odisha) and Jharpada, Bhubaneswar) who are languishing in jails from 3-8 years demanding speedy trial .With an appeal for  immediate intervention  by email as well as personal appearance at Office of the SHRC we filed our petition.
Considering the serious nature of the matter and when delay occurs more because of non attendance of witnesses including the IOs despite the summon issued by the Courts, the prisoners complain that their right to speedy trial as provided under Article 21 of the Constitution of India is infringed by the machenaries of the State namely: the prosecuting agencies.
Considering the gravity of the matter let a copy of the petition be sent to the Principal Secretary to Govt., Home Department, Bhubaneswar, D.G. & I. G. of Police, Odisha, Cuttack and Addl. DGP-cum- I. G. of Prisons, Odisha, Bhubaneswar to take appropriate action in the matter so that the Investigating Officers(IOs) and prosecuting witnesses appear before the Courts on the dates fixed and submit an action taken report to the Commission within two weeks hence.
The Addl. DGP-cum- I.G of Prisons, Odisha Bhubaneswar is also to see that the prisoners who have resorted to the hunger strike call off the same without further deterioration of the situation as this is likely to have a cascading effect on others who are similarly situated and languishing in jails waiting for trials.
Please find attached order sheets of OHRC, Odisha.
Justice Bira Kishore Mishra,
Acting Chair- Person,
Odisha Human Rights Commission,
Toshali Bhawan, 2nd Floor, Satyanagar
Bhubaneswar- 751007
Sub: In the matter of Pre-Trial Punishment to the Under Trial Prisoners (UTPs) – they are on Hunger Strike on
Respected Sir,
We , on behalf of ‘Campaign Against Fabricated Cases(CAFC), Odisha bring a concern of human rights
violations of 12(twelve) under trial prisoners(UTPs), who are languishing in Sub-Jail in Bhanja Nagar(Ganjam
district of Odisha) and Special Jail, Jharpada(Bhubaneswar) for the period covering 3-8 years.
The following Under Trial Prisoners (UTPs) are languishing in jail in Bhanja Nagar from 3-5 years period and
their cases are delayed due to deliberate efforts of the executive part of government. They all are belongs to
tribal community including 3 women.
1. Malati Majhi-(W)- Aged about 24 years
2. Telem Soni- (W)- Aged about 25 years
3. K. Anita Majhi(W)- Aged about 28 years
4. Kandra Dalabehera- Aged about 40 years
5. Kadam Bijal- Aged about 27 years
The following Under Trial Prisoners (UTPs) are languishing in Special Jail, Jharpada (Bhubaneswar) from the
period covering 2008 to till date and they are protesting the approach of the government for deliberate
attempt to delay their trial.
They are:
1. Kamalakanta Sethi- Aged about 37 years
2. Smt. Chandrabati Tukruka-(Wife of Kamalalanta) Aged about 30 years
3. Asutosh Soren- Aged about 46 years
4. Kishore Kumar Jena- Aged about 43 years
5. Rabi Dulai- Aged about 30 years
6. Ranjit Sana- Aged about 29 years
7. And one other
8. The UTPs in Bhanja Nagar Jail are on hunger strike since 31st March, 2016 and UTPs in Special Jail,
Jharpada(Bhubaneswar) are on hunger strike since 30th March, 2016.No officer in the civil
administration have made any discussion with the above prisoners who are languishing in 2 jails
and are not taking any food for last 2-3 days on protest
Speedy trial is a fundamental right guaranteed under Article 21 of the constitution of India and it is our
further concern that in a very specific order dated 21.11.2011, the Honorable Odisha High Court while
disposing some petitions(BLAPL NO- 3912 OF 2011) of some of the UTPs in Special Jail,
Jharpada(Bhubaneswar) namely Kamalakanta Sethi, Chandrabati Tukruka and Kishore Kumar Jena, the
prosecuting agency of Nayagarh was directed to cooperate for conclusion of the trial in following cases by
the end of 2nd quarter of 2012.
1. S.T. Case No- 91 of 2010
2. S. T. Case No- 92 of 2010
3. S. T. Case No- 93 of 2010
4. S. T. Case No- 94 of 2010
5. S.T. Case No- 95 of 2010
It is submitted that as a part of the delay tactics , the prosecution witnesses are not produced on the date
fixed for evidence and the cases are adjourned months together for such evidence and even the
Investigating Officers are deliberately avoiding to attain the respective trial courts in one plea or the other. It
is further submitted that the UTPs are not produced before the respective trial courts (Bhanja Nagar and
Nayagarh Sessions Court) on the dates fixed and although it is a matter of their right to be produced.
Without entering into the merits of all the cases of the above UTPs, we like to submit that the
allegations/charges leveled against them are serious in nature. But the jurisprudence of the criminal justice
system is that an accused is innocent until he/she is proved guilty by a court of law in a free, fair and just
So, all the UTPs are innocents and it is also fact that they have been acquitted by the trial courts in some
We have no hesitation to form a strong opinion that the procedure including investigation and prosecution
of cases of above UTPs which is followed and or adopted by the executive part of our government is not
just, proper and fair. To substantiate our above averments, we are quoting the findings of a Trial Court, no
less than Sessions Court of Nayagarh in S.T. Case No- 147/2010 and 94/2010.
‘’ There is no recovery of the arms looted from them. Even the seized materials are not produced in the
Court. No ballistic examination has been done with regard to the arms and ammunitions recovered in the
dense forest of Gusmah of Ganjam District. The so called seizure of arms was done in absence of
independent witness.
None of the accused persons has been arrested by the Investigating Officer. Rather, by merely submitting
remand prayers to the S.D.J.M, Nayagarh to bring them from various jails, they have been entangled in this
case. It is very sorrowful state of affairs. ‘’

Keeping in view the above facts a
intervention in the matter
to approach the Honorable High Court of Odisha under Sec. 18(b) of the protection of H
1993 for enforcement of human rights of the above UTPs pending the final inquiry the Honorable
Commission may kindly immediately recommend the Chief Secretary of Odisha as an
matter to depute a Senior Officer of the Government to discuss with the UTPs who are on the hunger Strike
in Bhanja Nagar and Jharpada Jail
to consider their legitimate demands for the speedy disposal of pending cases
any other order(s) may kindly be passed for speedy trial of the UTPs in general and the above UTPs in
particular and obliged.
(Adv. Biswapriya Kanungo)
Advisor, CAFC, Odisha Convener, CAFC, Odisha
Plot No- 2122, Sabarsahi Lane,
P.O- Budheswari Colony, Po
Bhubaneswar- 751006
Mob: +91 98613-92091
Dt. 02.04.2016
and circumstances, we pray to the Honorable Commission for its
timate And
With Regards,
( Narendra Mohanty)
At- Padandaspur,
Po- Mahanga,
Dist: Cuttack-754206
Mob: 8270866940
Email: [email protected]
nd Human Rights Act,
interim step in the

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