Cuttack:26/October/2008
Naveen Patnaik is jumping gun.
The Chief Minister seems desperate to reestablish his secular credentials.
His white secular kurta received dirt after Kandhamal communal frenzy and more so with the alleged nun rape.
Facing sever criticism for ignoring timely action on the alleged nun rape in K Nuagam of Kandhamal, the Chief Minister has announced that the victim need not come to Orissa for Test Identification Parade(TIP).
Instead the State Police will conduct TIP any where in India, said the Chief Minister.
Now legal experts however expressed surprise over this announcement.
Conducting TIP is the prerogative of the Judicial authorities of the area where the crime has been committed.
So the SDJM in Kandhamal, where the incident took place needs to permit the police for conducting the TIP at any location.
Likewise the Judicial authority having jurisdiction over the area where the parade will be conducted will have to permit this, said a senior advocate.
The advocate of the accused may also raise objection before the Court for holding TIP outside Kandhamal.
So how can the Chief Minister preempt the Court decision even before the police has approached the Court?, ask a former DGP.
Under the law it is the prerogative of the Investigating Officer and the Supervisory Officer to decide the course of investigation and decide the modalities of action to be taken.
The Government has not authority and can not influence the course of investigation, said he.
It is a matter of surprise that the Chief Minister, who repeatedly asserts that "law will take its own course", would act contrary to his oft repeated stand.
It only shows that he is poorly briefed by his advisors, who are in an overdrive to salvage his secular credentials, opined a legal luminary.