CUTTACK: The State government on Monday told the High Court that there was no violation of fundamental rights of freedom and liberty during the arrest, detention and subsequent jail custody of Subhashree Das alias Mili, the wife of noted Maoist leader Sabyasachi Panda.
In response to a petition filed by Subhashree, Dibakar Panda, an inspector of crime branch police in the government affidavit, has maintained that the police action in the case was genuine and is in consonance with the provision of law.
“There has been no violation of any Human Right as alleged by the petitioner and the action of the investigating agency has never caused any deprivation of the personal liberty of the petitioner in any illegal manner,” the government affidavit said.
The government affidavit, however, has maintained that Subhashree was actually arrested at 3 p.m. on January 15, 2010 and not 3 a.m. as shown in the arrest memo. “In fact, the petitioner was arrested at 3 p.m., but inadvertently in arrest memo 3 a.m. has been shown,” the affidavit said.
Alleging that the arrest of a woman after sunset and without the presence of a magistrate was bad in the eyes of law, Dhanurdhar Das, father of Mili had filed the writ in the High Court last month praying for her release.
The petitioner had also pointed out that the arrest of a woman after sunset without the presence of a magistrate, not allowing the arrested person to contact her relatives and lawyer, leaving the arrested woman's nine-year-old daughter in despair and moreover, remand of the arrested person under police custody beyond stipulated 15 days violate the provisions of CrPC and Supreme Court's guidelines.