Orissa HC Stays Govt Order Restraining NGOs From Aiding Violence Victims

NEW DELHI, MAR. 24, 2008 (CBCI News):

The High Court of Orissa, Cuttack has granted stay on the implementation of the Order of the District Collector and District Magistrate of Kandhamal District proclaimed on 11 January 2008 which had affectively banned the Church and NGOs from giving relief to the victims of the Anti-Christian violence during Christmas week.

The Bench consisting of Chief Justice Mr. Justice A K Ganguly and Mr. Justice B N Mahapatra on 18 March 2008 passed the relevant order and posted the matter for further hearing on 3rd April 2008.

The All India Christian Council, represented by its Orissa Chapter president Rev Pran
Parichha, had challenged the Collector's order on 27th February 2008, through a Public Interest Litigation writ petition.

The District Collector's order has also been challenged in the Supreme Court of India by Archbishop Raphael Cheenath of Cuttack-Bhubaneswar Catholic Archdiocese.

The following is the text of the order:

The High Court of Orissa, Cuttack

[Original Jurisdiction Court]

Writ Petition [C] Number 3028 of 2008

Code No. 211000

IN THE MATTER OF:

An application under Article 226 of Constitution of India
And

IN THE MATTER OF:

Public Interest Litigation challenging the arbitrary and unreasonable restrictions and ban imposed against the charitable and religious institutions for carrying our relief operation amongst the victims of communal violence in Kandhamal District or Orissa

And

IN THE MATTER OF:

All India Christian Council, [Orissa Chapter] being represented by its president Rev Pran Parichha, aged about 57 years, son of Late Subhas Chandra Parichha, at Kanika Road, PO Tulasipur, Town/ District Cuttack --- Petitioner

Versus

1. State of Orissa represented by the Chief secretary to the
Government of Orissa, Orissa Secretariat, Bhubaneswar
2. Principal Secretary to Govt of Orissa, Home Department, Orissa
Secretariat, Bhubaneswar
3. Collector and District Magistrate, Kandhamal, at Po. Phulbani,
District Kandhamal
4. Union of India, being represented by the Secretary, Ministry of
Home Affairs, Government of India, New Delhi
5. --- Opp. Parties

On 18 .3.2008

Heard Counsel for the parties.

On the oral prayer made by the learned counsel for the petitioners, the name of Opposite Party number 5 is deleted from the cause title of the writ petition

Mr. Khuntia, learned counsel for the State, accepts notice on behalf of the opposite parties 1 to 4. Four extra copies of the writ petition be served on him by tomorrow, who will obtain instruction in the matter.

The mater will appear in the list on 3rd April, 2008

Perused the impugned order dated 11.1.2008 annexed as Annexure 3 of the writ petition

This Court makes it clear that the order dated 11.1.2008, shall remain stayed. However, in the matter of distribution of relief materials, all parties involved therein should maintain law and order.

Urgent certified copy of the order be granted on proper application.

A free copy of the order be handed over to the learned counsel of the State.

Signed

A K Ganguly
[Chief Justice]

B N Mahapatra, Justice