Even as the Commissionerate Police on Thursday moved a time petition to defer production of the arrested Dhalsamant brothers in court on the day as directed by the Sub-Divisional Judicial magistrate (SDJM) here, the brothers’ lawyer filed a petition apprehending that his clients might have been subjected to third degree treatment violating the court orders.
On a request from the IO to allow polygraph test on the brothers, the SDJM Court had on Wednesday directed the police to physically produce them before it on the day to have their consent for the lie detection test.
But instead of producing them in the court, the police did not allow their advocate to meet them either.
“On the basis of our petition and after due hearing, the court has sought an explanation from the concerned IO and has posted the matter to be heard again on February 15,” informed the siblings’ advocate Soura Chandra Mohapatra.
Advocate BB Mohanty, an associate of Mohapatra, who was earlier allowed by the court to meet the brothers, had moved the court alleging that he was prevented from meeting the accused persons on the day and he was also not informed by the IO concerning their whereabouts.
Apprehending that they might have been subjected to third degree treatment violating the court orders, Mohanty alleged that the accused persons might have also been pressurised to give their consent for polygraph test as desired by the IO. The brothers were arrested on January 29 for their alleged involvement in an abduction and murder case.
Notably, when allowed for police remand, the court had specifically asked the IO not to subject the accused persons to any third degree treatment, among other things, during the remand period. As per provisions under Section 41 (D) of CrPC, the court on February 1 had also asked the IO to accord permission to advocate BB Mohanty to meet the brothers, but not throughout the interrogation.
Mohanty in his petition has also prayed the court to call for a report from the IO as to why the court orders were not complied with and also to seek a report regarding the health conditions of the brothers.
A senior police officer of the Commissionerate on the day told mediapersons at Bhubaneswar that a team of policemen have taken one of the arrested brothers outside the State while another team has taken the other to the scene of the crime within the State along with a forensic team.