Orissa High Court seeks report on mistaken identity case

By IANS

Balasore (Orissa) : The Orissa High Court Thursday sought a detailed report on the case of Binapani Mukhi, a lodged in Orissa’s Balasore district jail due to mistaken identity.


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“A division bench of the high court constituting Chief Justice Asok Ganguly and Indrajit Mahanti has asked the government counsel to produce all information regarding the arrest and conviction of Binapani in the court within seven days,” said social activist and lawyer Prabir Das.

“The court has put the case for next hearing on next Thursday,” he said.

Das filed a writ petition in the nature of public interest litigation (PIL) in the high court following media reports that highlighted the plight of 38-year-old Binapani, who was convicted wrongly.

On March 8 this year, the Jaleswar police in Balasore district, nearly 200 km from Bhubaneswar, arrested Binapani, a resident of Panchughanta village, in place of her relative Minati Mukhi in an ‘excise case’.

Binapani was arrested only because she shared her nickname with the name of Minati, the accused. Subsequently, she was sentenced to two years of rigorous imprisonment and fined Rs.2,000 by the fast track court of Jaleswar.

The issue came to light after Sandip Mohanty, a local lawyer and social activist, brought it to the attention of the local administration. The police had earlier admitted their mistake and an inquiry was ordered.

Even though the erring police officer Sarojini Singh has been suspended, the innocent Binapani is still serving the sentence.

Das in his PIL sought immediate release of Binapani, an impartial inquiry into the whole episode and action against the erring officials. Hew also sought adequate compensation to the victim.

“I have also requested the court to issue a guidelines for the police officials who become reckless during the arrest of people belonging to weaker sections of the society, so that the section 21 of the constitution, which prescribes right to life, is not jeopardized,” he said.

Gourishankar Mukhi, husband of Binapani, too has demanded compensation for his wife’s illegal detention.

“I have been running from pillar to post to get her freed. But no one is paying heed to my grievances. She has lost her mental balance, staying behind the bars. Please help us,” Gourishankar, who works as a sweeper at the office of Jaleswar Notified Area Council (NAC), told IANS.

Recently, the Orissa High Court had ordered the state government to pay a compensation of Rs.800,000 to Pratap Naik, a resident of Boudh district, who was illegally detained in jail for about eight years.

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