The Orissa High Court on Thursday rejected a writ petition filed on behalf of arrested businessman Mahimananda Mishra in the nature of habeas corpus. Terming his detention in custody as “illegal” and without any remand order from competent court, Mishra’s petition sworn by his son was turned down by a Division Bench Justices BK Nayak and Dr DP Choudhury.
The petition stated that Odisha Stevedores limited CMD Mishra was arrested by the Paradip police on December 26, 2016 in connection with a murder case that took place in Paradip town in October same year. He was subsequently remanded in jail custody by a local lower court after rejecting his bail.
During his detention in jail for murder case, the Madhupatna police of Cuttack city took Mishra on remand in January this year and quizzed him in connection with a 2013 bombing case. Accordingly, the SDJM Court of Cuttack Sadar on May 10 this year took cognizance of the charges leveled against Mishra in the bombing case and sent him to judicial custody till May 19.
However, on May 16, the High Court granted bail to Mishra in the Paradip murder case. But the Cuttack Sadar SDJM court did not order for any further remand of Mishra in the bombing case after the previous remand period expired on May 19. Mishra was also not produced before the same court either physically or through video conferencing after May 19.Therefore, terming his detention in custody without any remand order from court after May 19 as “illegal” and “arbitrary,” Mishra had urged the High Court to direct the State government to release him from custody. But the High Court rejected the petition of Mishra, observing that non-production of the accused in the court and in the absence of a remand order, the judicial proceedings cannot be vitiated.