Special court set up in Odisha for speedy trial of cases against top Maoist leader

D Kesava Rao, alias Azad, has been lodged at Jharpada Jail in Bhubaneswar after being handed over to Odisha Police in June 2011 following his surrender in Andhra Pradesh

Special court set up in Odisha for speedy trial of cases against top Maoist leaderThe special court will hear cases excluding those registered under the Protection of Children from Sexual Offences Act, 2012, for now, it said.

Over three dozen cases pending against Maoist leader D Kesava Rao, alias Azad, will now be tried in a “time-bound manner”, as the Odisha government has set up a special court for their speedy disposal.

A notification issued by the Odisha home department on Tuesday said a court of additional district and sessions judge has been set up at Paralakhemundi in Gajapati district. It could also be the first instance in the state of a special court being constituted to dispose of pending cases of one individual undertrial prisoner.

The special court will hear cases excluding those registered under the Protection of Children from Sexual Offences Act, 2012, for now, it said.

Azad, 52, has been in judicial custody following his arrest by the Andhra Pradesh police in May 2011 after he surrendered. He has been lodged at Jharpada Jail in Bhubaneswar after being handed over to Odisha Police in June 2011.

“The state government was forced to set up the special court following direction from the Supreme Court of India and the Orissa High Court for speedy trial of the cases against Azad,” said rights’ activist and lawyer Biswapriya Kanungo.

As Rao has already spent 14 years in judicial custody, the Supreme Court, while hearing his petition, had directed the state government to ensure speedy trial. Right to life and liberty is a fundamental right and the apex court has considered it in this case, said Kanungo.

The Supreme Court, in a writ petition, had directed the governments of Odisha and Andhra Pradesh to establish special courts and wrap up trials of all cases within a year.

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Officials said at least 37 criminal cases are pending against Azad in Odisha, Telangana and his native Andhra Pradesh.

In October, Azad launched a hunger strike in jail demanding speedy trial, which he had done earlier as well. In 2017, he also wrote to then chief minister Naveen Patnaik for rehabilitation under the state’s policy to bring left wing extremists to the mainstream.

A native of Mandasa mandal of Srikakulam district in Andhra Pradesh, Rao was involved in Maoist activities since 1990 and worked in Uddanam area of Srikakulam district in different roles.

According to the Odisha Police, Rao is the alleged mastermind in the killing of Vishwa Hindu Parishad (VHP) leader Laxmanananda Saraswati and four of his disciples at his Jalespeta Ashram in Kandhamal district in August 2008. The killing triggered communal violence in Kandhamal that claimed 38 lives, while over 25,000 were displaced.

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Azad is also an accused in the 2008 Nayagarh police armoury attack and the 2006 R Udaygiri jail attack. In the Nayagarh incident, at least 14 people, including 13 police personnel, were killed. Earlier, Azad was acquitted in at least 10 cases.

On the delay in his trial, a senior Odisha Police officer said it was due to his involvement in cases across multiple states and the difficulties in producing him before courts as a high-profile undertrial.

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