New Delhi: The Supreme Court set aside Monday the order of Orissa High Court which had directed Pari’s father, Ashok Sahoo to approach Magistrate court for his grievances regarding investigation. The Supreme Court also restored Sahoo’s disposed writ petition in the high court for afresh hearing.
A two-judge bench of the Supreme Court comprising Justices AM Khanwilkar and Sanjiv Khanna disposed of the writ petition and SLP filed by Pari’s mother and father and granted liberty to the petitioner to amend the writ petition in the high court to seek further relief.
“In peculiar facts of this case and the circumstances, we deemed it appropriate to set aside the impugned order of the Orissa High Court and remit the petitioner Ashok Kumar Sahoo to the High Court by restoring the writ petition filed by him to the file of Orissa High Court Cuttack, for being considered afresh on its own merits and in accordance with law after giving opportunity to the petitioner to amend the writ petition including to ask for further relief as may be advised,” the bench ruled.
During the hearing, senior advocate Kapil Sibal argued in the apex court that the Odisha government after constitution of SIT had approached the Orissa High Court for a court monitored investigation by a sitting judge. He argued that the SIT has filed charge sheet in the case and the trial will commence from September 20. Sibal also submitted that the allegations with regards to organs have been raised in the Supreme Court for the first time.
Earlier, Sahoo had filed a petition in the Orissa High Court seeking a probe by the central agency in the matter. However, the high court had disposed of the petition and asked him to approach the magistrate’s court for his grievances.
Advocate Swastik Dalai, counsel for Pari’s parents submitted in the Supreme Court that the high court had made an error while passing the order as the magistrate court does not have power to direct a central agency probe in any case.
The NCPCR report had also cited lackadaisical investigation by the state police and had asked the Odisha government to recommend a probe by a central agency.
Significantly, the mother of Pari pleaded the court to order an independent inquiry in the alleged rape and murder of Pari, a five-year old girl, July last year in Jadupur, Nayagarh. The petitioner also sought direction to the CBI to investigate all cases related to missing children in the state.
The petitioner also contended that the police in Odisha are treating the parents of Pari as criminals. The police are completely insensitive towards the family members of Pari.