Cuttack: The Orissa High Court on Monday ordered a stay on the National Commission for Scheduled Tribe’s (NCST) arrest warrant against Keonjhar Collector Ashish Thakare in a matter related to tribal affairs.
Taking strong exceptions to the collector’s failure to appear before it on April 4, the NCST had earlier issued an arrest warrant against him. In a letter titled “Warrant of Arrest of Witness”, the national tribal panel had asked the DGP to “arrest and bring” Keonjhar collector before the commission in New Delhi.
Hearing the matter, the court stated that it found a prima facie case in favour of the petitioner (Thakare). “This Court is of the prima facie opinion that there is an exercise of power by the Commission beyond scope and limits under the Rule, 2021,” the single-Judge bench of Justice Biswanath Rath stated.
“As an interim measure, it is directed that operation of the order dated 11.04.2022 and consequential letter dated 13.04.2022 shall remain stayed till the next listing of the case. It is further made clear that pendency of the writ petition shall not stand in the way of the Commission to proceed in the inquiry involved if any, and if falls within its domain to arrive at conclusion even in absence of the Collector providing right of submission to the representative of the Collector on appropriate notice.”
The court further said that counter can be filed within six weeks of serving the notice.
Senior Advocate Ashok Parija represented Thakare in this case.
