UTKAL CHRISTIAN COUNCIL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed for declaration of the appointment of Justice S.C. Mohapatra, former Lokpal, as Commission of Enquiry of killing of Swami Laxmanananda Saraswati on 23.8.2008 and aftermaths vide Notification No.1705 dated 3.9.2008 published in the Official Gazette of the State of Orissa bearing No.1705 dated 17.9.2008 as illegal.

(2.) THE facts and circumstances giving rise to the case, as taken herein, are that one Swami Laxmanananda Saraswati and four others were assassinated on 23.8.2008 and subsequent thereto, a fundamental section of the Society resorted to road blockade from 23.8.2008 and onwards. There had been disturbance in a part of Phulbani town and Kandhamal area, and destruction of the public and private properties and damages to the vehicles etc. Several instances of outraging the modesty of women were reported and some persons had been subject to inhuman torture. The State Authorities could not control the situation. The present petitioner filed writ petition No.12575 of 2008 before this Court seeking certain reliefs and this Court issued large number of directions for providing protection to all sections of the Society and prevent any kind of atrocities on any person. The State Government decided to appoint a Commission under the Commissions of Inquiry Act, 1952 (hereinafter called the 'Act, 1952) to enquire into the killing of Swami Laxmananda Saraswati and the consequential communal violence in Kandhmal and for that purpose, Justice S.C. Mohapatra, who had earlier been the Lokpal of the State of Orissa has been appointed. Petitioner does not have any objection for holding the Inquiry nor it has any complaint against Justice S.C. Mohapatra. The petitioner has been filed purely on a technical ground that Justice S.C. Mohapatra had earlier been Lokpal under the provisions of Orissa Lokpal and Lokyuktas Act, 1995 (hereinafter called "Act, 1995") which puts an embargo for his further employment. Thus, Justice S.C. Mohapatra is ineligible to be appointed as Commission of Inquiry.

(3.) ON the contrary, learned Advocate General, Mr. B.K. Mohanti duly assisted by Sri Sisir Das, learned Addl. Government Advocate and Mr. P. Panda, learned Addl. Standing Council has opposed the petition contending that the appointment of Justice S.C. Mohapatra as Commission of Inquiry does not amount to employment. He does not hold any office, so the question of maintainability of the writ petition for issuance of a writ of quo warranto does not arise. The petition is liable to be dismissed.