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Bhubaneswar ( Orissa) : Retired Justice, SC Mohapatra, who is heading a one-man probe panel into the Kandhamal violence, has defended his posting in response to the petition filed in the High Court by the Utkal Christian Council for cancellation of the Commission.
The commission is legally fit to probe the matter in compliance with the Commissions of Inquiry Act and the Lok Pal Act too, Mohapatra said. The court can only remove the doubt of the petitioner, he added.
Mohapatra, a retired judge of the Orissa High court and former Lok Pal, has been appointed by the state government to probe the Kandhamal violence.
The council has filed a writ petition in High court seeking removal of Mohapatra from the one-man Judicial Panel. Council secretary JR Patro filed the writ petition describing the appointment of Justice Mohapatra as illegal.
"Mohapatra cannot be appointed to head the Commission because he is not eligible as per law," council's lawyer Prasanna Kumar Nanda said.
"As per section 5 of the Lokpal Act on ceasing to hold office the Lokpal or Lokayukta shall be ineligible for further appointment under the state government," he said.
"The council in its petition has requested the court to declare the appointment of Justice Mohapatra as illegal. The council has also said that the court may appoint any person or direct the government to appoint some other person," he said.
Kandhamal district witnessed communal violence after the killing of Swami Laxmanananda Saraswati and four of his aides at the Jalespata Ashram August 23.
