HC quashes sedition proceedings against Dandapani

CUTTACK:  The State government’s bid to put convener of Jana Daman Pratirodha Manch Dandapani Mohanty under trial in a sedition case has been nullified with the Orissa High Court quashing the order of cognizance issued in the case by the Court of Sub Divisional Judicial Magistrate (SDJM), Berhampur.
The FIR in the case was registered under the Unlawful Activities Prevention (UAP) Act at the Goshani Nuagaon police station in Berhampur, over five years back.

Mohanty was accused in the case for allegedly hatching a criminal conspiracy to wage war against the government, by procuring detonators and other high explosives and for supplying leaflets, booklets, video cameras to be used in the activities of other banned organisations such as Chasi Mulia Adivasi Sangha and indulging in other unlawful activities.

After submission of a preliminary chargesheet, the SDJM Court had issued the order of cognizance on August 22, 2015. Mohanty had filed a petition challenging it on May 6, 2016. The petition sought quashing of the cognizance order on the ground that it was issued without the requisite sanction of the government.

The State government, on the other hand, submitted that the sanction order of the Home department was produced at a subsequent stage after the order of cognizance was issued. On the basis of it, the State government contended that the sanction order issued by the department at post-cognizance stage can be treated as having made good the deficiency and regularised the proceeding.

However, on Tuesday, the Single Judge bench of Justice S Pujahari ruled, “Acceptance of such a contention would render the mandatory provisions of law as to sanction referred to above, a nugatory”. While setting aside the order of cognizance, Justice Pujahari further ruled that in a case registered under the UAP Act “sanction of the appropriate government is a condition precedent for taking cognizance. With it the entire proceedings initiated in this case against Dandapani stood quashed.