CUTTACK: Orissa DGP rank officer B.B. Mahanti, facing criminal charges in Rajasthan for allegedly aiding, abetting and harbouring his son who has jumped parole, is not going to surrender before any court in Rajasthan, claimed his counsel here on Wednesday. Even as the Supreme Court's protection insulating Mahanti from arrest by the Rajasthan police ended on Monday, the senior IPS officer cannot be arrested by the Rajasthan police and sent to custody because the offences against him as stated in the FIR are all bailable, his counsel asserted.

Speaking to this correspondent, the DGP's counsel Ashok Mohanty even went on to add that the attempts made by the Rajasthan police to obtain an NBW against Mahanti was also `mischievous' and `premature'.

Police move

The Rajasthan police on Tuesday moved the additional CJM of Jaipur seeking NBW against the IPS officer.

"The very fact that the Rajasthan police have sought NBW from court indicates that the offences against the accused are bailable," Mr. Mohanty said adding that the Rajasthan government in an affidavit submitted to the Supreme Court clearly stated that the non-bailable offence under Section 130 (giving protection to a state prisoner or a prisoner of war) of IPC against the accused has been dropped.

Court order

Quoting from the orders, Mr. Mohanty, a senior advocate of Orissa High Court, said that the apex court on April 9, 2007 had only restrained the Rajasthan police not to arrest the accused for a period of six weeks which ended on Monday.

On May 14, when the Rajasthan government informed the apex court that Section 130 of IPC had been dropped against Mahanti, all offences against the DGP became bailable and there was no necessity for the Apex court to extend the protection, he said.

He further clarified that the Supreme Court on May 14 extended the stay order on further proceedings of the writ petition filed by the DGP in Orissa High Court urging the latter to quash the FIR filed against him at Lal Kothi police station in Rajasthan. The case is still pending with the Supreme Court and the apex court directed to post the matter after the summer vacation, the DGP's counsel said.

The Supreme Court has never directed the accused to appear before any court at any point of time nor has the Supreme Court refused to extend the protection to the accused, he said.

"It's only the electronic media which is making all the hype about the case reporting all the wrong without properly understanding the legal interpretations. I am planning to file defamation suits against this media for maligning my client," says Mr. Mohanty.

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