HC lens on ‘non-compliance’ of probe order on Lakra friend’s death

Cuttack: The Orissa high court on Wednesday sought clarification from the state govt on non-compliance of its order for “re-investigation” by the CID-crime branch into the alleged involvement of international hockey player Birendra Lakra in the death case of his friend Anand Toppo.The ruling came on Anand’s father Bandhna Toppo’s petition for initiating contempt proceedings for non-compliance of the July 5, 2023 HC order.Advocate Shivsankar Mohanty, appearing on behalf of the petitioner, pointed out the high court had ordered re-investigation four months after the state police gave a clean chit to Lakra. But the CID-crime branch is yet to start the probe, he stated.The single-judge bench of Justice Sibo Sankar Mishra posted the matter to Friday after state counsel Bijay Kumar Ragada sought time to take instructions and submit a reply to the contempt plea.Anand (28) was found dead in Lakra’s flat in Bhubaneswar on February 28, 2022. The commissionerate police had investigated and submitted a report in the lower court concluding it was a case of suicide.“The injuries found on the neck of the deceased could be ante-mortem and suicidal in nature. The victim had consumed alcohol and barbiturates before his death. Hence the doubt of forcible administration of alcohol and drugs is not possible,” the report said.However, Anand’s father had sought the high court’s intervention for fresh investigation by an independent agency alleging his son was murdered and Lakra’s possible complicity in it.In the July 2023 order, the single-judge bench of Justice Sashikanta Mishra observed, “Birendra Lakra is a high-ranking police officer belonging to the grade of deputy superintendent (DSP). The petitioner’s allegation that the investigation was biased or in any case not impartial appears to be reasonable in the facts and circumstances of the case. Therefore, directing the same agency to reinvestigate would not be proper. Rather for the ends of justice, it would be proper for an independent agency... to do so.”“Having regard to the fact that one of the accused persons is himself a senior police officer in the rank of deputy superintendent of police, it would be proper if the investigation is conducted by an officer of the higher grade....This court therefore, directs the additional director general (crime branch) to entrust the investigation to a senior officer not below the rank of deputy inspector general of police who shall reinvestigate the matter from all angles and submit a report to the concerned court accordingly,” Justice Mishra had said.
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