Laxmanananda Saraswati

Cuttack, Aug. 8: With Orissa High Court ordering further investigation into the murder of Swami Laxmanananda Saraswati, the onus to conduct a separate trial is now on the trial court. It will have to conduct a separate trial if a prima facie case is made out against any other accused persons and the CID, Crime Branch, accordingly files supplementary chargesheet.

On July 14, the high court had issued a stay order on passing of verdict in the trial related to the murder of the Swami at Jaleshpata Ashram in Tumudibandh area of Kandhamal district at 11pm on August 23, 2008.

While directing for further investigation, the high court on August 4 said: “It is made clear that after closure of evidence in the sessions trial, which is continuing, the sessions judge shall deliver judgment in respect of the present accused persons and on the event the investigating officer finds culpability of any accused persons, he shall file supplementary chargesheet and the sessions judge will try the same separately.”

“This direction is issued only for the purpose of finding the truth in the allegation made by the informant in his petition, which if found to be true, would definitely lead to the conclusion that many other persons should have been included as accused persons in the case,” the single-judge bench of Justice M.M. Das said.

“The investigation appears to be made in a cursory manner in respect of involvement of Bikram Digal and William Digal, who, according to the informant and intervener, were active participants in execution of crime along with one Pradesh Kumar Das,” Justice Das further said.

Brahmachari Madhaba Chaitanya, who was informant in the case, had filed a petition seeking a stay order on the conclusion of the murder case trial by the Court of the District and Sessions Judge, Kandhamal.

Durga Prasad Kar, state president of Vishwa Hindu Parishad, had, on the other hand, filed an intervention petition alleging the investigation to be “perfunctory” in nature and the “mastermind” of the killing has not been arrested so far.

In its affidavit, the CID, Crime Branch, had stated that a preliminary chargesheet was filed against seven accused persons.

While the trial was in progress, supplementary chargesheet was filed on May 4 against seven more accused persons.

Apart from Sabyasachi Panda (alias Sunil, Sarat, Babu and Suman), the supplementary chargesheet had named two Maoists from Srikakulam in Andhra Pradesh — Ajad alias Azad Duna Keshava Rao and Uday alias Pulari Rama Rao. Three others from Chattisgarh — Dasuru, Lalu and Lakmu — had also been named in the chargesheet, the affidavit had stated.

While disposing of the case, Justice Das said: “Satisfied that the materials produced are relevant for the purpose of further investigation into the matter, the investigating officer is directed to conduct further investigation by accepting the materials produced before this court.”

“The investigating officer should take steps immediately to conduct such investigation and if he finds that prima facie case is made out against any other accused persons, he would file supplementary charge sheet in the present case,” the order said.