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THURSDAY, 19 APRIL
2012 12:04
PTI | NEW DELHI
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The Supreme Court today sought response from the Centre and the
Odisha government on a petition seeking to restrain the release of jailed
Maoists in exchange for captive BJD MLA Jina Hikaka.
A bench of justices T S Thakur and Gyan Sudha
Misra asked the respondents to file a reply within two weeks.
The apex court initially expressed
disinclination to issue any notices, but relented after counsel for Major
General (retd) Gangurdep Bakshi persisted with the plea.
The petitioner submitted that already five
Maoists had been released by the state government yesterday, to facilitate the
release of the abducted MLA.
Responding to questions, the counsel said that
the bail applications for the release of the Maoists was moved on their behalf
by their supporters and the state government chose not to oppose it.
He submitted that the entire exercise was part
of a collusion between the government and the Maoists.
At this stage the court remarked, "if
that is so the scope of our interference is very limited. But you can go to the
magistrate's court and challenge it."
However, the counsel persisted with the
argument that at least notices be issued to the state and the Centre on the
issue, following which the bench relented.
Solicitor General Rohinton F Nariman who was
present in the court submitted that the petitioner's plea for formulation of a
law to tackle the insurgency by the Maoists was a larger issue and hence not
relevant to the present crisis.
However, the bench said since the Centre was a
relevant party, it would like to issue notices to both the Central Government
and Odisha.
Hikaka was kidnapped on March 24 from Koraput
district while returning home from a political meeting. Bakshi, a
counter-terrorism operations expert, hadpleaded with the apex court that the
state government should be restrained from releasing the Maoists as they were
captured by security forces, which had to put their lives on stake to nab them.
He had submitted that his petition be given
urgent hearing as the deadline set by the Maoists was to come to an end
yesterday at 5 PM.
Agreeing to hear his plea, the bench had,
however, pulled up Bakshi for moving the court so late.
"You can't come at the eleventh hour and
plead for urgent hearing," the bench had said.
Bakshi had also pleaded that the guidelines
framed by the apex court during the crisis arising out of abduction of mega
star Rajkumar should be followed and the state government should not allowed to
relent for the sake of one person.
The Andhra Odisha Border Special Zonal
Committee of CPI (Maoist), which was behind Hikaka's abduction, had demanded
the release of 30 prisoners, including hardcore Maoist Chenda Bhusanam alias
Ghasi, accused of killing 55 policemen, in lieu of the 37-year-old tribal legislator's
freedom.
Earlier, two Italians, Bosusco and Claudio
Colangelo were taken hostage by Maoists on March 14, while trekking in the
forests of the Daringbadi area in Kandhamal district.
61-year-old Italian tourist Colangelo was
released as a "goodwill gesture" on March 25, while the Puri-based
tour guide, Bosusco, was released on April 12 after 29 days of captivity after
five jailed ultras were freed.
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