Orissa High Court: In a writ petition by Maoist leader Sabyasachi Panda seeking issuance of writ of habeas corpus, the Division Bench of Arindam Sinha and MS Sahoo, JJ. said that when a petitioner is in custody as an undertrial and a convict, it cannot be said that his fundamental right to life and liberty was infringed. Hence, no relief was granted to Sabyasachi Panda.
The counsel for Panda pointed out that he was in custody for the last nine years as an undertrial prisoner in 131 cases and that he was acquitted in 89 cases. It was contended that he was aggrieved by the violation of his fundamental right to life and liberty.
The Court cited D. Anita Majhi v. State of Odisha1, wherein, Manubhai Ratilal Patel v. State of Gujarat, (2013) 1 SCC 314, was relied on to hold that unless the writ Court is satisfied that a person has been committed to jail custody by virtue of an order that suffers from vide of lack of jurisdiction or absolute illegality, the writ of habeas corpus cannot be issued.
The Court clarified that when a petitioner is in custody as an undertrial and a convict, it cannot be said that thereby his fundamental right to life and liberty was infringed. The Bench also noted that an appeal was preferred against his conviction and sentence of life imprisonment. The Court refused to allow the writ of habeas corpus, as to production of Sabyasachi Panda for the purpose of his release.
[Sabyasachi Panda v. State of Odisha, 2024 SCC OnLine Ori 1267, Decided on: 03-04-2024]
1. WPCRL No. 93 of 2022.
