Assembly Records differ from MLA’s Speech!

Bhubaneswar Bureau

Is it intentional or accidental?

Debates of Orissa Assembly reduced to writing by the reporting branch differs at a vital point from the speech of Sri Amar Prasad Satpathy, ruling party veteran, who had expressed his mind in favor of the demands of Bhasha Andolan, Orissa for provision of punishment against whosoever contravenes the Orissa Official Language Act, 1954.

A ruling party heavyweight Baishnav Charan Parida, who has hijacked Bhasha Andolan Chairman’s idea a few days ago and trying to blur its demand for punishment to whosoever functionary contravenes the Act by using the same idea to demand for a language commission, which he had never done earlier, was present in the Speaker’s Gallery watching the debate. Sources indicate that he had met the reporters who had recorded the speech of Sri Satpathy.

Significantly, the debates, reduced to writing, differs from what Sri Satpathy had really said. Here, therefore, is the speech:

Shrimanta Sahu in support of Bhasha Andolan, Orissa

Subhas Chandra Pattanayak

A science graduate from Sambalpur University, eminent author Shrimanta Sahu belongs by birth to village Telimunda of Deogarh district. He is a high ranking Officer, who never boasts of his position. But he enjoys his status as a dedicated member of the Mahima sect and a follower of Bhima Bhoi.

To him, mother tongue Oriya is the Goddess Samaleswari, who is also the Utkaleswari. Historically it seems correct.

He supports the unique mass movement of Orissa – Bhasha Andolan – that demands legal provisions for punishment to whosoever contravenes the Orissa Official Language Act, 1954.

In witnessing the most celebrated Black Flag March of Bhasha Andolan, he recited his song in glory of Oriya language at the podium of Kula Gaurav Madhu Sudan Das, with Khanjani, the indigenous musical instrument of Orissa. Here is what he had rendered:

Orissa again in danger: Thalassemia and other serious patients in quagmire of TTIs

Subhas Chandra Pattanayak

Ever since in a village of my area an unfortunate father told me of how his 3 year old son got severe HIV infection by taking blood from a Red Cross Blood Bank at Bhubaneswar, I have focused on the urgent necessity of safe blood in about fifty articles in these pages. I have brought to public notice how the government was sleeping over the most benevolent judgment of Orissa High Court in W.P.( C ) 13441/2009 delivered on 28 July 2011, that directed the State Government of Orissa to immediately equip all the Blood Banks with NAT PCR facilities, known the world over as the only system to catch the HIV viruses in their window period. My reports had prompted the Opposition Chief Whip Prasad Harichandan (as he then was) to move an adjournment motion in the Orissa Assembly on 1st September 2012 that elicited an assurance from the Health Minister for installation of the facility in all Blood Banks, to begin initially with the four major Blood Banks – the ones attached to each of the three Government Medical College Hospitals and the Capital Hospital. But sadly, the government in the Health department did not act as diligently as was needed.

I have reasons to apprehend that the prospects of installation of imported machines ignited hunger for payola in individual mandarins in the health department. If a social audit could be allowed to locate as to where and how the installation of NAT was delayed by at least for four years, the villain or villains for whom our people suffered could come to light. I have earlier shown, the delay was probably creating at least two new cases of HIV infection in Orissa every day, with the number of transfusions of blood units supplied without NAT screening.

However, when ultimately ‘Young Orissa’, a body of young activists led by Debi Prasad Nayak threatened the government to sue it for contributing to spread of HIV by its deliberate disobedience to the High Court mandate of 2011, the State Government issued a tender notice for the system under terms and conditions stipulated therein and with a team of experts deciding on technical suitability of one company over the other out of total two participants, the suitable system provider ‘Rouche Diagnostics India Pvt Ltd’ was asked to install its machines. Found unsuitable by the experts in technical bid, the financial bid of the other participant ‘Homogenomics Pvt Ltd’ was not opened, as that was the stipulation in the tender notice.

The later company challenged the decision of the government in the High Court of Orissa on grounds shown in its writ application registered as W.P.( C ) No.18679 of 2015. It was heard much after the machines of ‘Rouche Diagnostics India Pvt Ltd’ were installed and operational.

While deciding the dispute the Hon’ble Court has made it clear, “Since the Court is not a technical authority to evaluate the same, this Court expresses no opinion with regard to the assessment made by the technical committee”. But, as the writ petitioner had claimed that its version was the latest; and yet the Court was neither to hear on the suitability of the machines nor to compare the systems of both the parties to determine which of them was better, it could not be determined whether or not the system already installed is better than the petitioner’s “latest” system. However, the Court has ordered the government that it should “reconsider the tender documents submitted” by both the participants “in conformity with the conditions stipulated in the tender documents and the entire exercise shall be completed as expeditiously as possible, but not later than October, 2016”.

Thus saying, the Court has also said that the functioning NAT facility in the four major Blood Banks shall remain functional till October 31 only. The government has such lawyers that this decision of the Court, delivered on 18 August 2016 could not reach the Health department for more than two months and as far as my information goes the law department is at the moment examining whether or not the decision should be challenged in the Supreme Court of India. I am afraid; the High Court order is not going to be honored by October 31 in matter of “reconsideration” of bids of both the participants.

If the government goes to the Supreme Court, there shall be a corporate war in matter of law and nobody knows or can predict what time shall it consume. Similarly, if the government decides to honor the High Court Order, with no time left to constitute and convey a fresh technical committee, the issue is not easy for the government to solve before end of this month. On the other hand, one of the two parties is bound to be affected by whatever decision the State Government takes. Naturally, the matter shall go to the High Court again and eventually to the Supreme Court. The time that would ultimately consume is unfathomable.

What shall happen to the several thousands of Thalassemia patients that had started receiving safe blood and to innumerable other serious patients who could have received safe blood screened by NAT in the four major Blood Banks of Orissa? It seems the government, both political and executive, the lawyers that represent the government, the judiciary that has failed to foresee the debacle the ban on functioning of the NAT system beyond this month would cause to the patients, particularly the Thalassemia patients, do not bother about the human rights to safe blood defined by Orissa High Court in W.P.(C) 13441/2009.

For appreciation of the position, it needs be stated that the NAT machines were installed by ‘Rouche Diagnostics India Pvt. Ltd’ in the four major Blood Banks noted supra in June 2016. Within this period around 150 infected samples have been detected by NAT. This means, sans the NAT screening, at least 150 new fatal cases of TTIs could have been created since June, most of who could have become the Thalassemia patients thriving on frequent transfusions and patients needing blood utmost urgently on surgical tables.

We strongly appeal to the legal fraternity of Orissa to rise to the occasion and bring this entire matter to the notice of the Hon’ble High Court of Orissa with a request to lift the ban on the functioning of NAT with effect from October 31 and allow the screening to continue till the corporate war is finally closed.

Will any responsible lawyer please wake up?

Fire in SUM Hospital: Be Naveen Patnaik fired by BJD

Subhas Chandra Pattanayak

An instant reallocation of two departments – Health as well as Information and Public Relations – has been made yesterday as the holder of those two portfolios Atanu Sabyasachi Nayak has resigned from the cabinet, purportedly on moral ground, after fire accident in Bhubaneswar based SUM hospital took the toll of 20 lives, who, to save their lives, had got themselves admitted into that hospital.

Established in 2005 by a private trust, SUM is the most popular hospital in the capital city of Orissa that around 2000 outdoor patients visit every day. For indoor patients, it has 750 beds, 25 intensive care beds and 150 cabins. It provides excellent service at the lowest possible cost according to innumerable patients.

Since its inception, for the first time, it has such a fire mishap, which has led its founder Manoj Ranjan Nayak (MRN) into judicial custody, as Police has shown him arrested under section 304, 308, 285 and 34 of IPC. At the moment, he is remanded to Police for further investigation that may not or may subject him to more penal sections.

When thus, the matter is sub-judice, we may not go into the merit of the allegations. But the background of his arrest suggests that the police are not looking into the incidence in-depth with a free mind.

Firstly, the police have not captured MRN. He has presented himself in the police station at Khandagiri, under the jurisdiction of which the hospital is situated, on locating that the police had promulgated a look-out notice against him. To my common sense, this look-out notice was pregnant with an ulterior motive; because circumstantial evidences strongly suggest that MRN was not absconding. He was very much present in the hospital while conducting the rescue operation and guiding the emergency relief work. It is he who sent affected indoor patients to various hospitals of the city with all provisions for their care there. It was not and never an easy job. He did it efficiently and promptly for which many lives could be saved. He conducted instant enquiry into who of his staff could have ushered in the devastation for their negligence and put them under disciplinary proceedings begun with suspension. He decided to not only bear the cost of treatment of his indoor patients in hospitals he could got them admitted into, but also decided to pay Rs. 5 lakhs to whosoever succumbs to the accident. All these are and other ancillary actions were urgent and highly responsible administrative actions that he performed from his Office unperturbed, despite news of police look-out notice hammering his working desk. After all such responsible steps taken, he went to the area PS and presented himself to the police. I wonder when police, very much present in the hospital compound throughout the period of rescue operation, was absolutely aware of the official steps he was taking, who preferred and why preferred to promulgate the look-out notice against him! Was it under some conspiracy? The point should be clarified by administration, as no citizen should be subjected to any administrative conspiracy.

Secondly, in matter of arrest, the established judicial norm is that, the arresting officer must never delay in presenting the arrested person before the appropriate court as personal liberty guaranteed as fundamental right to a citizen is involved in the case. When MRN had personally and voluntarily presented himself in the PS after on-the-spot inspection and investigation into conduct of his officers-in-charge of concerned departments of his hospital and taking action against them including suspension and after discharging all his responsibility to his indoor patients, at 3.30 AM, the police, under the norm fixed by the Supreme Court in consonance with the Constitutional provisions, should have presented him in the appropriate court at the beginning of the official day, say at 10.30 or 11 AM, so that MRN could have tried to judicially gain back his liberty to which he was entitled. There was no bar for police to seek him for interrogation on remand at that stage also. But why was the entire day time killed? Was there any conspiracy to ensure a jail stay for him? The administration should make this point clear; because, no citizen should be a victim of administrative conspiracy.

Thirdly, police has no discernible action against any official whose negligence to his /her duty has resulted in loss of as many as 20 human lives who had come to the hospital to live. Under the National Building Code 2005, a designated officer of the State inspects personally a building of public importance and if he/she is satisfied that all norms and requirements are meticulously honored, grants occupancy certificate, after which only the structure becomes functional. In matter of medical facilities, when a private person or organization sets up a hospital, the duty of the State does not end in allowing it to establish the hospital. Its duty begins in ensuring that human life is not thrown into any danger thereby. Who are the officers of the State that should have ensured safety to the patients of the medical facility offered to the citizens of Orissa by the SUM hospital? Should not the administration make it clear to the people and identify the officers whose dereliction of duty or nexus, if any, with the private operator has led to the disaster?

As has transpired now, almost none of Orissa’s functional hospitals have the fire safety facilities. The lacunae had come to light on May 31, this year; when electrical short-circuits in the cardiology department of the State’s most prestigious SCB Medical College and Hospital had put about a hundred patients in front of death.

The State has fatally failed to formulate and promulgate legal stipulations with stringent penal provisions against all and any hospital that has not equipped itself with fire safety systems and the norms laid down by National Association of Fire Officers.

Atanu Sabyasachi Nayak alone cannot be held responsible for the failure. The habitually nonchalant chief minister is responsible much more than him. While receiving and forwarding the resignation letter of Atanu, the CM should have ordered for disciplinary action against the Health Secretary as well as the DMET for failure in forcing the hospital to honor the safety norms, which he has blatantly failed.

Is anybody of BJD not aware of how Naveen Patnaik has failed to ensure correct implementation of the Rules of Business and adherence of departmental heads to discipline on the departments assigned to them?

Atanu Sabyasachi has resigned. It is alright. In fact he had no control over the Secretary of Health. Due to the Secretary’s non-application of mind, I have information, the State is in a devastating quagmire that is bound to affect lakhs of people of Orissa. I will discuss it later. So, a minister, who had no control over his department, has resigned. It would have been better had he resigned earlier. But, members of BJD, whom people of Orissa have given the mandate to rule, should rise to the occasion and appreciate that their chief minister is indulged in misrule. In the instant case, Atanu Sabyasachi is not the only person to be held responsible; the CM is more responsible than him. They – the BJD members – would do justice to the people, if they ask Naveen babu to resign. Let them also prove, that the ruling party is not devoid of any talent to rule the State.

Governor should refuse assent to Orissa Official Language (Amendment) Bill

Subhas Chandra Pattanayak

Orissa Official Language (Amendment) Ordinance, 2016 was authored by bureaucracy on 21 May 2016 in a haphazard manner and was promulgated the same day. In a Bill form it was placed before the Legislative Assembly on 27 September 2016 in the exact shape that the bureaucracy had given it. The Assembly has passed it on 28 September without any change. On 6 October 2016, the State Cabinet has “approved” it. It shall become the law when the governor gives his assent to it.
The Governor should refuse to give his assent to this bad Bill, wrongfully passed in the Assembly. If he gives the assent, that would be mockery of his legislative power.

Let me elaborate.

Section 66-A in sub-section (1) of the ‘Rules of Procedure and Conduct of Business in Orissa Legislative Assembly’ stipulates, “Whenever a Bill seeking to replace an Ordinance with or without modification is introduced in the House, there shall be placed before the House along with the Bill a Statement explaining the circumstances which had necessitated immediate legislation by ordinance”. This explanation is totally absent in the Objects and Reasons of the Bill. Hence the Bill was not submitted in proper form.

The purpose of the Section 66-A(1) is to stop misuse of Ordinance making power of the government behind back of the Assembly. The Government owes its origin to a political party and therefore, may make partisan Laws through Ordinances to the disadvantage of the people as a whole.

Therefore, the Assembly, which is constituted by the whole of the population and represents the entire population of the State has created this Rule to ensure that the government of a single party or an alliance of one or more other parties, works under its control by explaining as to what was the urgent and unavoidable situation that had forced the government to bring out the Ordinance.

If the “circumstances which had necessitated immediate legislation by ordinance” was not explained by the Government in the statutory statement, the Bill i.e. Orissa Official Language (Amendment) Bill, 2016 seeking replacement of the Ordinance should not have been accepted. But, the members passed the Bill without any objection.

In the “Statement explaining the Circumstances which had necessitated immediate Legislation by an Ordinance”, the Chief Minister has willfully omitted the “Circumstances”; because, there lies the crux of the issue.

The Chief Minister knows of the “circumstances” personally, because he had created a Ministerial Committee to remove all obstacles from the path of implementation of the OOL Act, 1954. He knows that this writer, as a member of that Ministerial Committee created under Resolution bearing the No. GAD-Code-Cordes-0013-2015-18715/GA dt.31.07.2015, had submitted a set of draft legislation for (1) amendment of the Act to enable the government to frame Rules, as the government had no power under the Act to frame Rules to drive the Act ahead; and (2) a set of Rules containing provisions for punishment against contravention of the Act on responsibility fixation and adjudication amongst other most necessary provisions for the unfailing use of Oriya as Official Language and language of development. Keeping this in mind, he had told the House on 14. 12. 2015 in answering UDAQ No. 2325 of Sri Nabakishore Das (Congress) that the Law department was working on the necessary legislation.

For reasons best known to himself, the CM abandoned this position and and after only two days, on 17.12.2016 using the name of the Ministerial Committee declared a 9-point program as all that could mean governance of Orissa in Oriya. The next day bureaucracy expanded the same to 14-points. After ORISSA MATTERS exposed the mischief, a meeting of the Ministerial Committee was organized on 12, 01.2016 with the same 14 points placed in the agenda for discussion. There was no trace of the suggested amendment to the Official Language Act, which alone was addressing the Term of Reference under the Resolution said supra. All the 14 items in the agenda was congenial to business interest of a private organization, which was a party to a MoU with the government signed on 20. 03.2015. Suppressing this truth, lobbyists and functionaries of this private operator of language business had entered into the Ministerial Committee in majority and with their help, the government run by anti-Oriya elements, was trying to evade the issue, i. e. provision of punishment to whosoever functionary contravenes the Official Language Act.

It was clear that the government shall not amend the Act and create the provisions for punishment, because of the lack of which, the Act having been created in 1954 and the enforcing Notification having been finally promulgated on 29. 03.185, governance of Orissa in Oriya had not been possible.

This situation gave birth to the Bhasha Andolan, Orissa.

With ultimatum served on the Government, in support of the proposed legislation advanced by this author, Black Flag march commenced on 13.04.2016. Everyday, at 5 P.M., four eminent Oriyas were starting from the eastern gate of the Assembly where there is a statue of Nabakrushna Chowdhury, Orissa’s first Chief Minister, who had created the Official Language Act and marching up to the Governor’s house where there is a statue of the Kula Gourav Madhu Sudan Das whose matchless leadership and sacrifices created Orissa, the first linguistic State of India. History has not witnessed such a very principled and unique movement. By 21.05.2016 the whole of Orissa had woken up in support of this movement and its demand for punishment to whosoever contravenes the Orissa Official Language Act, 1954.

Under such extraordinary circumstances it was necessitated to bring out the immediate legislation by an Ordinance.

The government is guilty of suppression of this vital information in its statement under Section 66-A (1) of the Rules of Procedure as noted supra.

There is another serious suppression of fact too.

After promulgating the Ordinance that empowered the government to frame the Rules, no Rules were immediately framed. The Government slept over for a long period till 12.8.2016 to frame the Rule. Bhasha Andolan has rejected it, as there is no provision of punishment against contravention of the Act, when the Rules carry only a single purpose of protecting the contraveners under a cover of a monitoring committee comprising 6 ex-officio members from the pool of bureaucrats that are habitual offenders of the Act.

This was entirely suppressed, because, had it been informed to the Assembly through the Statement, it is such a farce of a legal instrument that no sane M.L.A. could have approved it.

Over and above this, if the Bill had not been passed, the Rules created under the Ordinance would have certainly collapsed, which should have severely embarrassed the scheming non-Oriyas in the bureaucracy. So, deliberately such very vital information was suppressed.

This willful suppression of facts, rather the circumstances which had necessitated immediate legislation by an Ordinance, makes the Orissa Official Language (Amendment) Bill inherently defective.

A more serious offense also needs attention of the Governor.

The Oriya version of the Bill is deemed to have been passed along with the English version of the Bill. The Leader of Opposition has rightly pointed out that the Oriya version is ambiguous and incorrect. Assent to the Bill would mean assent to the ambiguous and incorrect Oriya version of the Bill.

It would be better to appreciate that legislative wisdom has not been applied to the farcical Bill in question. The Ordinance was created by bureaucracy, which has no legislative wisdom. The M.L.A.s have passed the Bill sans any amendment. Thus the Bill, despite being discussed in the Assembly, does not carry even an iota of legislative wisdom.

It is better, therefore, for the Governor to refuse assent to the Bill and to return the same to the government for removal of the defects shown, as making a defective law is more dangerous to the society.

If thereby the Ordinance shall collapse, let it collapse.

Let the government amend itself and bring out a fresh Ordinance incorporating the demands of the Bhasha Andolan for punishment to whosoever contravenes the Official Language Act of Orissa.

Repeal of the amendment late Biju Patnaik had sabotaged the Act with by inserting Sec.3-A in the Act in 1963 should also be ensured in this course of this action, as continuance of English as official language in addition to Oriya is injurious to functionality of Oriya as the official language of Orissa.

Oriya Language created Orissa and therefore Orissa must be ruled by Oriya Language

odia language

Subhas Chandra Pattanayak

Chief Minister Naveen Patnaik seems to have developed a wrong notion that governance of Orissa in Oriya depends upon his mercy. His press-note of December 17 and full page display advertisement in major broadsheets of today force us to arrive at this apprehension.

In his December 17 press note it was declared that he had held a meeting with the five members of the ministerial committee on that day for the purpose of “strictly implementing the Orissa Official Language Act, 1954 in official and non-official level” to facilitate which a website has been floated by the government. In the full page multi-color advertisement in broadsheet dailies today, this is intriguingly missing.

The advertisement is designed to tell the people that Chief Minister Naveen Patnaik has taken historical steps to save and develop Oriya language, and has enumerated the steps he has taken. This is blatant lie. Neither he nor his government has executed any single item claimed to be “historical” in the official advertisement. The entire advertisement is nothing but false propaganda. What a shame it is, that, the people of Orissa are taken for granted by their Chief Minister! Read more →

Navakalevara: Legends and reality

Subhas Chandra Pattanayak

Legends are the most misguiding mischief aimed at superimposing lies on reality so that indigenous people of an occupied land are kept too dazzled to see the dark face of the rulers and the class of exploiters can keep its victims subjugated to its authority, while forcing them to forget the heroic history of evolution of their own philosophy of life, their own splendid spiritual realizations, their own socio-economic uniqueness, their own ancient culture, their own valorous past, their own way of social integration and their own civilization.

We see this mischief galore in the context of Navakalevara of SriJagannatha.

So, here, we are to rip apart the legends and bring the reality of the Navakalevara to light, as thereby alone we can reach the lost uniqueness of the people of Orissa.

We will use Puri Sankaracharya’s self-proclaimed authority over Navakalevara to proceed with our purpose.

  Read more →

Samaja in Maze of Forgery: Two former Ministers of Orissa – Lingaraj Mishra & Radhanath Rath forged the WILL of Gopabandhu; Both benefitted till their death; SoPS continues to Loot

Subhas Chandra Pattanayak

The Oriya daily SAMAJA founded by late Utkalmani Pandit Gopabandhu Das, to which, out of their love and reverence for the great humanitarian leader, the people of Orissa had and have been giving their financial and moral support, is in a menacing maze of forgery and loot.

Sadly, two of Gopabandhu’s trusted men – Lingaraj Mishra and Radhanath Rath – who, because of being known so, had the opportunity of becoming cabinet ministers in Orissa, were the masterminds and/or makers of the forgery from which the paper is yet to be salvaged.

Both of them – Lingaraj and Radhanath – had partnered with each other in forging the last WILL of Gopabandhu to grab the Samaja, which being Gopabandhu’s paper was of superb credibility and the greatest political instrument of the day. They had performed this crime behind the screen of and in nexus with Servants of the People Society (SoPS), of which, while breathing his last, Gopabandhu was the Vice-President. Read more →