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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
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