Why the need for CBI probe into seer murder case, HC asks petitioner

Cuttack: Orissa high court has sought to find out the basis of a plea seeking a CBI probe into the murder of Swami Laxmananda Saraswati at his Jalespata ashram in Kandhamal on Aug 23, 2008.Petitioner Debashisha Hota, who claims to be a Dhenkanal-based social activist, in his plea filed on Dec 18, 2023, sought a CBI probe into the “unsolved murder case to find out the real culprits in the interest of justice, equity and fair play”. When the petition was taken up for hearing on July 16, the single-judge bench of Justice Gourishankar Satapathy asked the petitioner “to cite some authority with regard to maintainability of this kind of application as filed by him as a general public”. “He could not cite any authority. In such a situation, he is requested to produce some authority with regard to maintainability of such application as filed by him by next date,” Justice Satapathy said and fixed Aug 16 for further consideration of the matter. Earlier, the state govt had filed a counter affidavit which said, “The Swami Laxmananda Saraswati murder case ended in conviction of accused persons by court of additional sessions judge, Phulbani on Sept 30, 2013 and Oct 3, 2013.”“The accused persons have preferred appeals which are pending before the Orissa high court. In view of the above facts and circumstances the prayer for CBI probe may be dismissed with exemplary cost,” additional secretary (home), Debendra Kumar Dash, had stated.Subsequently, Hota had filed a rejoinder stating he had already challenged the investigations by different agencies on the basis of which the trial court had convicted the accused.“The state govt has not made public the report of the judicial commission constituted to probe into the killing of the Swami even after eight years of submission. This clearly proved that the state govt is not abiding by the law,” the petitioner stated.However, the state govt had stated the petition is not maintainable as it was filed 15 years after the incident.

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