Bhubaneswar, April 16: Jhina Hikaka, the BJD MLA who has spent over three weeks in Maoist captivity, seems to have been caught in the crossfire between the state government and the rebels on the contentious bail issue.

While the Maoists and the Chasi Mulia Adivasi Sangh, the tribal outfit supported by the rebels, said none of their 29 activists whose release they had sought in exchange for the MLA, would move bail, the government insists that this is the only way they can be discharged from jail.

The government’s position on bail was reiterated today once more by panchayati raj secretary P.K. Jena, who along with home secretary U.N. Behera and Scheduled Caste and Scheduled Tribe welfare secretary Santosh Sarangi, had recently negotiated release of Italian tour operator Paolo Bosusco from the Maoists’ clutches.

“They must apply for bail as there was a set judicial process in such matters,” said Jena, hoping that the other side would respond positively. Such hopes, however, were deflated immediately as lawyer of the tribal outfit Nihar Ranjan Patnaik categorically stated in Koraput that his clients would not take the bail route to freedom.

“They won’t go out on bail. The government has the option of dropping the charges against them,” he said, making a reference to Section 321 of CrPC, which allows the public prosecutor or assistant public prosecutor in charge of a case to withdraw from prosecution with the consent of the court.

Jan Adhikar Manch convenor and seasoned mediator Dandapani Mohanty also said the Maoists and activists of the tribal outfit in jail were in no mood to apply for bail as they did not want to be at the mercy of lawyers.

“Wherever possible the government should withdraw cases against them and set them free unconditionally. Where this is not possible the cases should be dealt with in a time-bound manner,” said Mohanty, who addressed a Sangh rally in Bandhugaon block of Koraput district today.

Sangh convenor Nachika Linga, who is on the run from police, also spoke at the rally.

Koraput collector Sachin R. Jadhav said the bail process in some of the cases had begun, but he did not give any details. Sources close to the Maoists, however, said when the detainees had refused to move bail how could any process in this regard be initiated.

In Laxmipur, Hikaka’s hometown, a pall of gloom hung over his residence. Notwithstanding chief minister Naveen Patnaik’s assurance to Hikaka’s wife, Kaushalaya, on Friday during his visit to Laxmipur that the MLA would be released soon, the family is beginning to despair about his fate.

“We are just not sure what will happen to him though the state government is doing its best,” said a relative of the Hikakas on conditions of anonymity. Sources said that these days few BJD workers had visited the family fearing reprisal from the Maoists.