Bhubaneswar, April 14: As the abducted Biju Janata Dal MLA, Jhina Hikaka, spent one more day in Maoist captivity, the state government looking for a breakthrough in the case faced yet another hurdle with the rebel-backed Chasi Muliya Adivasi Sangh (CMAS) lawyer, Nihar Patnaik, refusing to move bail.
“I cannot move bail for the jailed CMAS activists as they are not interested in taking this route to freedom,” said Patnaik, aware that his statement would dash the hopes of Hikaka’s early release.
The Andhra-Odisha Special Border Zonal Committee of CPI (Maoist), which has claimed responsibility for the kidnap of the Laxmipur MLA on March 24, wants 23 CMAS activists released from jail in exchange for the legislator. The government has asked the activists to apply for bail through their lawyers to facilitate their release.
But Patnaik was emphatic that his clients did not want bail. “My clients have asked me not to move any bail. If the government wants, it can facilitate their unconditional release under 321 CrPC,” he said. Under Section 321 of CrPC (Code of Criminal Procedure) the public prosecutor or assistant public prosecutor in charge of a case may withdraw from prosecution with the consent of the court at any time before the judgment is pronounced.
The government may, however, see hope in the proposed visit of Janamanch Adhikar convenor Dandapani Mohanty to Balipeta village in Koraput where the rebels had offered to release the MLA.
“I am going to Balipeta tomorrow. I will talk to them. But, the government should take steps to release the CMAS activists lodged in jails unconditionally. They don’t want to go out on a conditional bail, which makes them completely dependent on lawyers. They don’t have the money to spend on lawyers,” said Mohanty.
The abductors of Hikaka have asked for the release of 30 persons, with five more names added on April 7.
“No decision has been taken on the Maoist demand for the release of five more persons,” said home secretary U.N. Behera. Sources said the CMAS having hardened its stance on the issue of bail, the government would now look for the other available options.
