Notice under 107 Cr PC sent to dead man

The drive to ensure free and fair polls has created a bewildering situation in Odisha's Kendrapara district - notice has been sent under 107 Cr PC to a dead man asking him to give a written undertaking that he would not breach peace and order in his localities.
The family of Banambar Mallick, who died two years ago in a road mishap, was surprised to receive a notice under section 107 Cr PC asking him to to appear before the executive magistrate and give the undertaking.
Mallick was facing trial in connection with a petty offence before his death and the notice to him was served on the basis of a report by the local police station, his family members said.

Septuagenarians and octogenarians have also not been spared.
Among those who received notices are the sitting chairman and an ex-chairman of Kendrapara urban local body. As many 10 councillors of municipality have also received it.
A number of lawyers have also been directed to depose before the executive magistrate.

Kendrapara municipality chairman Dhirendra Kumar Sahu said "I have received the notice. I do not have any record to corroborate that I would be a trouble-maker in the polls. Many sitting councillors have also met the same fate".
Nrusingha Charan Panda(80), a retired government school teacher who is among the recipients of the notice is aggrieved. "They (the authorities) have made a mockery of law. I am in the twilight of my life and am confined indoors due to advancing age. The authorities have branded me as trouble-maker. I got the shock of my life."

Kendrapara district bar association president Dhruba Charan Jena took strong exception to the manner in which innocent citizen have been treated as possible law-breakers.
"Respectable lawyers were reserved with the notice. We have drawn the attention district election office and the superintendent of police," he said.
Notice under Section 107 is a preventive measure for maintenance of law and order and the person who is likely to commit a breach of the peace or disturb the public tranquillity would have to give in writing to refrain from breach of law.
Kendrapara SP Rabi Narayan Behera conceded that discrepancies have been detected in the issuance of notices and they were being set right.