By IANS
Cuttack (Orissa) : The Orissa High Court Friday ordered the release of Binapani Mukhi, a dalit woman who spent six months in Balasore district jail for a crime she never committed.
“A division bench of chief justice A. K. Ganguly and justice Indrajit Mahanty directed the government to release Binapani from custody forthwith,” said social activist and lawyer Prabir Das.
The judgement came after Das filed a public interest litigation in the high court that the 38-year-old Binapani was wrongfully confined in the Balasore jail.
on March 8 this year, the Jaleswar police in Balasore district arrested Binapani, a resident of Panchughanta village, in place of her sister-in-law Minati Mukhi.
Binapani was arrested only because her nickname matched with the name of actual accused. Subsequently, she was sentenced to two years’ rigorous imprisonment by a fast track court in Jaleswar.
The issue came to light after Sandip Mahanty, a local lawyer, brought it to the attention of the local administration recently.
Police admitted their mistake and the sub-inspector Sarojini Singh who had arrested her was suspended.
A week ago, the court had sought a detailed report on Binapani from the government advocate. Counsel Friday informed the court that it was a clear case of mistaken identity and Binapani was innocent.
The court also squashed a recent order by the judicial magistrate first class of Jaleswar who ordered that there would be no discussion on this case henceforth. On September 17, the magistrate had passed the order after hearing a petition filed by the Balasore police for reviewing the case of Binapani.
“The high court also said that there will be another hearing a week after the puja vacation on other aspects of the case, including compensation for the victim and action against the erring officials,” Das told IANS.
In the PIL, Das had urged that the court should order an inquiry into the entire incident and issue a directive to police officials, who recklessly arrest people of weaker section of the society, that the section 21 of the constitution, which prescribes right to life, is not jeopardized.
“Binapani will be released once I get the court judgement,” jail superintendent R. N. Sethi told IANS.