Bhubaneswar: Members of High Court Bar Association of Odisha today launched a two-day cease work agitation to protest against the manner in which CBI arrested ex-advocate general Ashok Mohanty in the multi-crore ponzi scheme scam.
“The CBI has clearly violated section 41 and 41(A) of CrPC and also provisions under the Advocate Act, 1961. We are contemplating to take the matter to the court of law,” Bar Council chairman Manas Ranjan Mohapatra said.
There was no need to arrest and humiliate Mohanty, he said adding, he was treated like an ordinary criminal by the CBI. “We appeal to advocates across the state to go for a cease work tomorrow to protest against the manner in which CBI arrested the former AG,” said Bidyadhar Pradhan, secretary of High Court Bar Association.
The next course of action would be decied at a meeting on September 26, he said.
Besides being a former advocate general, Mohanty has been a senior lawyer and ex-president of the Bar Association.
Under section 41 of CrPC any police officer may without an order from a magistrate and without a warrant arrest any person,(a) who commits, in the presence of a police officer, a cognizable offence, Mohapatra and Pradhan said, asserting that in the case of Mohanty no such incident took place.
Alleging misuse of power by the investigating agency, Bar Council member Sitanshu Mohan Dwibedy said that no criminal liability was made out against the former AG as per the forwarding report by CBI in court.
Neither was there justification nor necessity on the part of CBI in arresting Mohanty when he was regularly cooperating with the investigation, he said.
Mohanty was arrested by CBI on September 22 on the charge of having link with Artha Tatwa Group chief Pradip Sethi.
He had purchased a house built on a 4000 sq ft land in the city in March 2012 from Sethi for Rs 1.01 crore consideration amount.
Leader of Opposition Narasingha Mishra of Congress, who is also an advocate by profession, supported the lawyer's agitation.
“The agitation of lawyers is justified as the Supreme Court's direction on the section 41 of the CrPC need to be respected by all including CBI. Odisha lawyers agitation against CBI is not baseless,” he said.
BJD MP Bhartuhari Mahatab too condemned the arrest of Mohanty while he was cooperating with CBI.
