Kshirod Kumar Rout And Others vs State Of Odisha And Others

We have before us today the separate reports submitted by Mr. Prasanta Kumar Jena, Mr. Omkar Devdas and Mr. Sukanta Kumar Dalai, Advocates(one of them with a video clip in a pen drive), and a joint report of Mr. Debakanta Mohanty and Mr. Janmejaya Katikia, learned Additional Government Advocates (AGA), which are taken on record. The copies of the reports have been exchanged among the counsel.

Mr. D.K. Mohanty, learned AGA has also placed on record a copy of the letter dated 22nd February, 2022 written to him by Mr. Jibanananda Jena, IIC, Abhayachandpur Police Station regarding the 85 persons in the list provided by Mr. Jena to Mr. Mohanty, who were apprehending arrest and threat to their safety and, therefore, were not returning to their village. The report states that 74 of the 85 persons are now residing in their houses with their families and the remaining 11 are said to be ‘evading arrest’. Mr. Mohanty, on enquiry, states that on the next date, he will place copies of the FIRs where these 11 persons have either been named or details of the materials to show their prima facie involvement are disclosed.

From the reports submitted to this Court, there is by and large a consensus that there was commotion in the village Dhinkia during the visit of the Committee of 5 Advocates. It is also clear that there were two identifiable groups of people, one opposing the project and one supporting it. It appears that because of the commotion, the Advocates were unable to properly interact with the people of the village. The reports by and large reflect this situation.

The Additional Superintendent of Police (ASP), Paradeep, who was present on the occasion, is also present before this Court today. The Court has impressed upon the two AGAs and the ASP that when Advocates, pursuant to an order passed by this Court, visit the village to gather facts, they should be able to do it in a peaceful and calm atmosphere and the villagers should be able to speak to them without fear or intimidation by anyone, particularly by another group opposed their point of view. In a democracy governed by the rule of law, space must be provided to express views, that may be divergent, in a civil manner. It is the primary responsibility of the Police and the local administration to ensure that a peaceful atmosphere is maintained in the village to enable this to happen.

Since this was unable to take place on 19th February, 2022, the Court directs that there will be another visit by the Committee of 5 Advocates i.e. the 2 AGAs and the 3 Advocates i.e. Mr. Prasanta Kumar Jena, Mr. Omkar Devdas and Mr. Sukanta Kumar Dalai to the village Dhinkia. Each of the 5 Advocates are permitted to be accompanied by one associate Advocate each, whose names shall be provided in advance to the local Administration. At this meeting, which will be conducted on 5th March, 2022 at a place to be arranged in village Dhinkia itself, by the local administration, the Collector, Jagatsinghpur and the Superintendent of Police (SP), Jagatsinghpur and the elected Sarpanch and members of the Dhinkia Gram Panchayat will remain physically present. The Committee of 5 advocates will sit together as a panel and both groups will be permitted to come before it and place their views. It will be ensured that one group will not obstruct the other.

The Collector will arrange to have the meeting videographed and the video clip shall be placed on record along with an affidavit of the Collector along with a report of the meeting encapsulating the views of the villagers. The affidavit will also indicate the details of the previous public hearings in village Dhinkia in connection with the project in question and state whether any EIA clearance has been accorded for the Project as of date. The affidavit be filed within 3 days of the meeting i.e. on or before 8th March, 2022 with advance copies of the report and the video clip to the of 5 Advocates.

The Collector and the SP shall remain present in virtual mode on the next date to address the queries of the Court.

List on 11th March, 2022 at 2 PM.

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