Orissa High Court rejects Maoist leader Sabyasachi Panda's plea

Cuttack, April 8: The Orissa High Court has declined to provide relief to Maoist leader Sabyasachi Panda, emphasizing that neither a convict nor an undertrial prisoner can seek remedy under the writ of habeas corpus. The court clarified that individuals in custody, whether as convicts or undertrials, cannot claim relief through habeas corpus on the grounds of alleged violation of their fundamental right to life and personal liberty.
In a recent order, a division bench comprising Justice Arindam Sinha and Justice Mruganka Sekhar Sahoo denied relief to Sabyasachi Panda, stating, "Where the petitioner is in custody as both an undertrial and a convict, it cannot be argued that his fundamental right to life and liberty has been violated, compelling us to order his production for release."
Sabyasachi Panda had filed a writ petition seeking a habeas corpus writ for his release from jail custody, where he has been held for the past nine years as an undertrial in 131 cases. It was noted that he has been acquitted in 89 out of the 131 cases.
Additionally, it was disclosed that the petitioner has been convicted in a case and sentenced to life imprisonment, with the order of conviction currently under challenge before the High Court.
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