The Orissa High Court today rejected a writ petition filed by arrested businessman Mahimananda Mishra, the CMD of Odisha Stevedores Limited, alleging illegal judicial detention. Mishra's petition, which was sworn by his son, was turned down by a division bench of justices B K Nayak and D P Choudhury. The petition stated that Mishra was arrested by Paradeep police on December 26, 2016 in connection with a murder case that took place in that town in October that year. He was subsequently remanded in jail custody by a lower court which rejected his bail. During his detention in jail, Cuttack police took Mishra on remand in January and quizzed him in connection with a 2013 bombing case. Accordingly, the SDJM court of Cuttack sadar on May 10 took cognisance of the charges leveled against Mishra in the bombing case and sent him to judicial custody till May 19. On May 16, the Orissa High Court granted bail to Mishra in the Paradeep murder case.
But the Cuttack sadar SDJM court did not order for any further remand of Mishra in the bombing case after the previous remand period expired on May 19. Mishra was also not produced before the same court either physically or through video conferencing after May 19. Alleging that his detention in custody without any remand order from court after May 19 was illegal and arbitrary, Mishra had urged the high court to direct the state government to release him from custody. But the high court rejected the petition of Mishra observing that non-production of the accused in the court and in the absence of a remand order the judicial proceedings cannot be vitiated.
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