SHODDY PROBE: 5 YRS ON, LAXMANANANDA KILLERS ROAM FREE
Saturday, 07 September 2013 | DURGA PRASAD KAR | in Bhubaneswar
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Swami Laxmanananda Saraswati was murdered in Sankrascharya Kanyashram at Jaleshpata in Kandhamal district between 7:45pm and 8 pm on August 23, 2008, but due to shoddy investigation and apathy, the assassins are yet to be nabbed.
Apart from the Swamiji, Mata Bhaktimayee, Kishore Baba, Amarutanand Baba and Guardian Puranjan Gaunta were also murdered. Five un-armed people were lying in a pool of blood in the ashram, yet the Government machinery is unmoved till today.
Five years have passed; there is enough evidence against the assassins, but the police are not as much serious as they should be.
Have the police identified the mastermind, the influential people behind the murder, the villages from where the people were trained by the Naxals in using firearms, the 38 people who executed the murder inside the ashram and the 30 people who guarded the murderers from outside?
What was the valuable information, which was obtained after the polygraph test of the four arrested persons? The investigating officer never proceeded in any direction for the reasons best known to him.
Police apprehended two persons, namely William Digal and Bikram Digal of Dungeri village of Param Panga panchayat near Krutamgarh. They were hiding in Nuasahi Church of Gunjibadi.
A black travel bag, black masks, a diary containing code names, a knife and blood stained clothes were recovered from Digal. The arrested persons had admitted that they were in a group of 38 people in the ashram, who participated in the murder. 30 persons were guarding them from outside the ashram.
Investigating officer (IO) Santosh Patnaik recorded statements without sufficient enquiry. That speaks volume about the level of investigation.
One Tata-407, vehicle No OR08D 0675, carrying suspected murderers who were celebrating the murders was intercepted near the Barkhama police outpost. There was exchange of fire between the occupants of the vehicle and personnel of the Odisha State Armed Police.
The occupants left the vehicle and ran away. There were two motorcycles bearing the numbers OR12A353 (Yamaha) and OR12-3235 (Hero Honda Passion). The vehicles were seized by Barkahma ASI Sribastha Digal. Bana Singh of Mundigarh and Enkudu Nayak of Bataguda were escaping by motorcycle, TVS Star Deluxe OR 12A-3251, belonging to Bidyadhar Patra of Barkhama, when the vehicle was stopped by the villagers of Barkhama. Singh and Nayak had left the vehicle and run away.
OIC Sribastsa Digal gave in writing to the public on August 25,2008 at 9am that he would produce the vehicles and occupants before the public by 2pm. In the mean time, Suresh Suar, Project Administrator, ITDA, Baliguda came, accepted the memorandum narrating the details of the vehicles and occupants. He assured that neccesary action will be taken by the authorities. He took along with him the OIC. The vehicle and person were never produced. The investigating officer observed that the Tata 407 vehicle was under major repair with mechanic Bulu Behera in Baliguda. Bulu Behera informed that the vehicle came for minor repair on August 23, 2008 at around 10am and left around 1pm. The investigating officer’s claim was false. He compleletly washed the evidence under the carpet that the vehicle was under major repair on August 23, 2008. Owner of the vehicle was Dibakar Nayak of Mundigarh.
The IO was unaware of the fact that the vehicle was intercepted in Barakhama, which later remained in police coustody till August 25, 2008 morning. He was also unaware of the fact that the OIC Barakhama had given in writing before public that he would produce the vehicle and the occupants before public by 2pm.
He did not examine the OIC and the OSAP Jawans, who intercepted vehicle and Bana Singh of Mundigarh,Enkudu Nayak of Bataguda, who were escaping by a motor cycle. He did not examine the driver of the vehicle and owner of the vehicles. Vital clues have been lost. They can be reconstructed again.
Yet another suspected murderer Hiralal Pradhan was arrested on August 29, 2008. He gave many valuable information to the police. He catagorically said ‘a father’ is the prime conspirator. Yet the IO recorded statement of Pradhan ignoring other facts.
The entire effort of the IO had been to exonorate all the accused and put the blame on the Maoists.
The conspiracy theory was not pursued. On May 25, 2008, a meeting was held in Betikela Church, where it was resolved that the Shaitan (Swamiji) will be eliminated with in three months. August 23, 2008 was fixed as the date of action. It was also decided that there will be victory celebration after the work was executed.
A resolution book was handed over to the IO. Names, addresses, age, father’s/ husband’sname were also given. Yet the IO did not utilise any of the information. On August 9, 2008, prominent Christians and others assembled in Kalamaha community centre in Raikia. A leaflate, which was photocopied in the shop of Manas Lenka of Raikia, was distributed.
The suspicious activities of the gathering was intimated to the Distric Intelligence Buraeu. But no action was taken. On August 14, 2008, another meeting was held in Padangi Church. Many mercinaries were present. Three CISF Chritian Jawans were also present. Plan was finalised for the final assault.
However, the IO filed chargesheet on January 8, 2009 on the charges of murder and conspiracy under Sections 147,148,149,120(B),302 of IPC and Section 25 of the Arms Act against Duryadhana Sunamajhi, Munda Badamajhi,Sanatan Badamajhi, Budhadev Naik under TumudiBandha police station and Vijay Sanaseth, Taranath Chalanseth and Bhaskar Sanaseth under Kotgad police limits. The matter is under consideration of a fast track court-2 of Phulbani.
After the State High Court castigated the police for slow action, another chargesheet was filed on May 9, 2009 under Sections 449,302,380and 120(B) and section 25 of the Arms Act against Udya alias Anjuna, Somnath Dandasena alias Jadu, Azad alias Juna Kesab, Sabyasachi Panda alias Sunil Dasaru alias Kartik, Lalu and Madan. A chargesheet has been filed in Baliguda Court. Final Judgement is awaited. Considering the slipsod investigation, Brahmachari Madhav Chaitanya filed a writ petition in the Odisha High Court. Durgaprasad Kar filed an intervenation petition in 2011.
The High Court admitted the intervenation petition. The court in its judgement on August 2, 2011 directed the IO to conduct a further investigation and if he finds that a prima facie case is made out against any other accused person, he should file a supplementary chargesheet.
Kar addressed two letters to the IO for further details. But there was no action by the IO. He filed another writ petition with a request for constituting a special investigation team. The petition was admitted. The Government was put on notice, but there has been no response.
(The writer is a retired Chief Commissioner of Income Tax)
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