Orissa High Court Orders Personal Appearance Of Berhampur SP For Linking Advocate Pitabash Panda's Murder To Pending Election Case

The Orissa High Court on Friday (November 07) ordered personal presence of Dr. Saravana Vivek M., Superintendent of Police (SP), Berhampur after he admitted to have made a press statement linking a pending election petition against the sitting Berhampur MLA to the murder of Member of Odisha State Bar Council (OSBC) Advocate Pitabash Panda.

Last week, while hearing an election petition filed by one Manoj Kumar Panda against the incumbent Bharatiya Janata Party (BJP) MLA of Berhampur K. Anil Kumar, the Bench of Justice Sashikanta Mishra had expressed serious dissatisfaction over the aforesaid press-statement made by the senior police official.

During the course of hearing on the previous date, the election-petitioner had filed an affidavit conveying the ordeal he had to face because of the police. He had stated that on 22.10.2025, while returning from the Railway Station to his house, three police personnel clad in civil dress forcibly picked him up in a police vehicle and took him to Police Barrack where they detained him till 24.10.2025. He was allegedly interrogated about the election petition, particularly inquiring the reason behind filing of such petition.

Further, attention of the Court was drawn to a news item on the ongoing investigation into the murder of Advocate Pitabash Panda. The Bench was apprised that the SP, Berhampur held a press meet last week wherein he informed about the developments made in the probe. Apart from other details, he reportedly cited the sub judice election case as one of the factors behind the criminal conspiracy which resulted in murder of the lawyer.

Pertinent to mention, Advocate Pitabash Panda was shot dead in the night of October 06 near his house in Berhampur. Reportedly, two miscreants fired at him from a close range causing fatal injuries. Though he was immediately rushed to the Maharaja Krushna Chandra Gajapati (MKCG) Hospital, he was declared brought-dead.

The cop reportedly stated that accused Bikram Panda, who is a former MLA of the constituency from Biju Janata Dal (BJD), came in contact with the election petitioner and his employer through the election petition, and Panda allegedly funded the legal expenses for conducting the case. Upon being made aware of the statement, Justice Mishra had starkly remarked –

“If true, it is indeed disturbing to observe that a Police Officer as Senior as the S.P. chose to publicly comment on an ongoing election dispute before this Court. Learned Senior counsel appearing for both sides further submit that the video of the Press Conference is available wherein the S.P. is also seen commenting on the possible outcome of the Election Petition, which is entirely unwarranted.”

Accordingly, the Court had called for an explanation from the SP, Berhampur requiring him to explain as to under what circumstances and for what reason he gave the aforesaid statement, especially when the Court is ceased of the election case. It had further asked the cop to justify why such conduct shall not be treated as contempt of the Court.

When the matter was taken up yesterday, the Registry placed the explanation submitted by the SP. The IPS officer admitted to have made such statement before the media. While placing on record his explanation, the Court asked him to file an affidavit further explaining his conduct and as to why his action does not attract the contempt action.

He was also directed to remain present in person before the Court on November 10, 2025 along with the affidavit. On that day, the Court shall determine whether any contempt action needs to be taken for commenting on a sub judice matter.

Case Title: Manoj Kumar Panda v. K. Anil Kumar

Case No: ELPET No. 19 of 2024

Date of Order: November 07, 2025

Counsel for the Petitioner: Mr. Gopal Kumar Agarwal, Sr. Advocate with Ms. S. Srivastava, Advocate

Counsel for the Respondent: Mr. Bibekananda Bhuyan, Sr. Advocate with Mr. S. Mohanty, Advocate

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