Fish Market continues in Directorate of Secondary Education: An Instance

Subhas Chandra Pattanayak
Chief Minister Naveen Patnaik was not even in the womb of politics. Orissa Assembly had to plunge into pandemonium over a frontbencher’s allegation that the education directorate had become a fish market where every file movement had a price tag. Even ministers were one with the allegation.

Sadly, the scenario has not changed. The same fish market character is yet discernible.  Director to clerks in the Directorate of Secondary Education sleep over a matter if palms are not greased and illegal orders are manufactured and enforced if pockets are taken proper care of.

I will cite a single instance.

I may cite many instances. But I am citing a single instance with the specific purpose that, for the new minister in charge of the portfolio – Sri Debi Prasad Mishra, who, unlike many of his colleagues is a sharp grasper – can pay his concentrated attention to the syndrome if a single instance is focused and reach a remedy.

So, here it is.

Sankarsan Godi Godi Sahi Bidyapitha

Director, Secondary Education, Orissa, in a letter signed by Deputy Director (NGS) on 7.5.14, has quashed the retrenchment order of Sri Dhobanath Sahu, in-charge Headmaster of this school and has allowed him “to resume in his duty in the school immediately”. This order of “so-called reinstatement” has been challenged as “illegal/arbitrary/high-handed” in W.P.(C) No.10575/2014.

Without prejudice to the case in question, it may be mentioned that the Director has created the situation for the case that has ruined the academic environment of a rural high school founded, not by the Government, but by the villagers for benefit of their children.

It is just a case study on how school education in Orissa is being imperiled by the Director of Secondary Education as his corrupt colleagues have kept the Directorate a “fish market”.

The School by the villagers for their children

As the State Government stayed apathetic to people’s demand for a High School so that the gateway to higher education could have opened for their children, the villagers of Godisahi, Godi in the district of Khurdha resolved to establish a high school by them. A man of great humanitarian concern of the locality Sri Abhay Ch. Nanda donated a decent patch of land to the villagers for establishment of the High School and the same started functioning with the collective contributions of the villagers. On recommendation of the Government, as the people had “fulfilled all the conditions for recognition”, the Board of Secondary Education recognized the private school by order No. 283 dated 8.1.1993, that helped the students graduate from the said school, which was essential for their higher education.

Churning machine of illegal TCs

The above named Dhobanath Sahu was the Headmaster in-charge of the school. He took full advantage of the recognition and made the school a churning machine of illegal certificates. Let us take into accounts only two days of a single month in order not to overload this presentation with documents. The month is May 2001 and the dates are 3 and 11. T.C. No. 1066426 was issued on 3.5.2001 to one Shyama Sunder Senapati wherein ‘purpose of leaving the school was mentioned as “For Service”. His date of admission is shown as 20.7.86 and his number in the Admission Register is shown as 15/86. Even the percentage of his attendance in the class is shown: 92.06%. But in reality, Senapati was never admitted into the School. In fact, there was no admission on 20.7.86. Obviously, Senapati wanted the TC with a date of birth suitable to him for service eligibility and he bribed heavily Sri Sahu and got the TC.

Racket of manufactured certificates

The second instance of manufactured TC is the one issued on 11.5.2001 to one Suresh Kumar Pradhan. The number of this TC is: 10066429. Pradhan is shown to have taken admission on 24.7.92 and his number in the Admission Register is shown: 26/92. The date of leaving the school is shown: 20.12.92 and the marks secured are shown ‘A’,’C’ and ‘B’ respectively against WE/SUPW, Art Education and Health/Physical Education. Yet, there is no mention of his percentage of attendance, though that is must requirement to be mentioned in the TC and he had read in the school for 17 months till the date of his leaving the school on 20.12.94. It is shown in the TC that he had left the school “For Service”. But like the previous one, this one was also manufactured against heavy payola. As records of the school shows, Pradhan was never admitted in the school, there was no admission on 24.7.92 and the Admission Register had not even reached the serial 26.

For service, authentic proof of the date of birth is essential. And, a school leaving certificate/transfer certificates (TC) carries the date of birth, legally accepted as authentic. Dhobanath Sahu churned out such certificates against huge money collected clandestinely.
Even Board of Secondary Education certificates were being generated fraudulently and sold to non-students at very heavy price in a planned manner wherein Board officials were also involved. Non-students were being sent to the Board as “regular students” for High School Examination and with the help of agents in the Board, HS Certificates were also being generated. Then Headmaster I/C Sri Sahu was handing over the same to the buyers. One such certificate bears the Serial No: M1942241. Sri Sahu has signed it on 3.12.07 as the Headmaster. But the student Nesarat Mahammad was not a student of this school.

MC in action

Such some mischief having come to the attention of the staff as well as the managing committee, before the managing committee initiate any action against his frauds, Sahu relinquished his responsibility on his own accord and requested the Secretary of the MC on 10.7.2008, that, as he was “not working properly” because of being under the load of “so many problems” , he had already “left HM and Hostel charge”; and requested him to give “HM and Hostel charge specially to Bijaya Kumar Nayak”. And, with this much intimation to the Secretary, he abandoned the school under panic.

The MC of the school, under such extraordinary situation looked into his conduct in depth. To its horror, it found that not only such fraud in generation and issuance of certificates to non-students, but also his activities included misappropriation of school properties and even selling away of a lot of classroom furniture like chairs and tables. The MC wanted to hear him in this matter. But he did not come despite repeated notices.

In its meeting No.08 of 2008, the MC recorded details of the offenses committed by Sri Sahu and unanimously adopting resolutions against him, informed the same to the Inspector of Schools,, Khurdha Circle as well as to the Director of Secondary Education and Board of Secondary Education, Orissa. The MC enumerated his offenses and resolved to dismiss him. Yet, as he had not handed over the charges, particularly the accounts of the school for 10 years under his headmastership, he was given 15 days time to handover charges as per law, failing which, as communicated to him through Advocate Ajit Kumar Patnaik on 7.11.2008, it would be deemed that he has no interest for the post and the funds not accounted for by him spanning 10 years would be treated as “misappropriated” and the MC would take “appropriate legal action” for recovery of the money.

BSE and CI involved in the racket

As Sri Sahu continued to keep mum, a big bunch of High School Certificates arrived and it was seen that the claimants of the certificates, recommended to the Board by Sahu as regular students were not at all admitted in the school. New HM I/C Bijay Kumar Nayak refused to give them the certificates, as there was no trace of them in the school admission register. Board Secretary as well as the Inspector of Schools,, Khurdha Circle forced the new HM I/C to issue them the certificates on obtaining affidavits from them wherein they were to declare their date of birth, names of parents, addresses and that they were students of the school. That was complied with and certificates, thus, were issued under signature of the new HM I/C. This proves that the Board of Secondary Education and the Inspector of Schools,, Khurdha Circle were deeply involved with this forgery and Dobanath Sahu was running the racket of certificate manufacturing in the school with their help.

Exemplary action by MC

The offenses of Sahu were so serious that in view of his total silence over the charges and abandonment of service, he could have been dismissed from service. Yet, the MC did not dismiss him. It demoted him to the 3rd position in the cadre list of its teachers and informed him of this in its Secretary’s letter dated 4.11.2008, while asking its lawyer to serve on him the notice mentioned supra. It was an exemplary action. But this magnanimity shown to him was ignored by Sahu, as he was in active Panchayat politics by then and the demotion order had not absolved him from the offenses he had committed.

The School under Block Grant

After this demotion was effected, the School was taken into the Block Grant scheme a copy of which reached the school on 6.11.2008. Block Grants ensures a minimum amount of stable salary with financial support from the state, a step ahead towards full salary at par with government schools. The school was instructed to submit its staff list for approval of appointment by 10.11.2008, which the school complied with on 8.11.2008, showing Dhobanath Sahu in the third position in the list of teachers and staff.

Approval refused to Sahu

As transpires from Government Orders communicated through Circle Inspector’s letter No. 8202 dt.25.5.2009 and letter No. 16982 dt. 9.11.2009, the government refused to approve Sahu as a teacher, as by then it was aware of the forgery and other illegalities he had committed as HM I/C of the school. But Sahu was not to miss the chance to regular pay through the gateway of Block Grant. He was anyhow to grab approved status despite denial of approval to his appointment by the government. He cultivated the lady Inspector Priti Pratima Bhol to achieve this.

Priti Pratima Bhol gives birth to a mischief

Under his influence, Inspector of Schools of the circle Ms. Priti Pratima Bhol gave birth to a mischief that has since then destroyed the academic environment of the school under loads of litigation.

She was so gained over by Sahu that she generated a letter on 25.01.10 bearing No.986 addressed directly to him as “Headmaster in charge” of the school, wherein she gave reference of two letters she had received from Sahu on 17.11.2008 and 21.12.2009 and said:

“You reported to this office that you attended the school on dt.15.11.08 and dt. 21.12.09. But the ex-secretary of the school did not allow you to resume the duty of the school.

In this connection you are requested to proceed to the school and resume the duties properly. Any obstacles arises in the matter, may be reported to the undersigned for further course of action at this end”.

The copy of this letter was communicated to Bijay Kumar Sahoo, assistant teacher of the school, requesting him “to co-operate Sri Sahu to work in the school, threatening him simultaneously that if “any deviation arises in the matter”, he “will be held responsible for the purpose”.

Priti’s mischief is as naked as a nude in this letter. In order dated 5.2.2010 in W.P.(C) No. 2096 of 2010, the High Court of Orissa had held this order illegal with the observation that the “Inspector of schools, Khurda Circle, Khurda has absolutely no jurisdiction to thrust upon the school to accept Shree Dhobanath Sahoo as Headmaster In-charge in the said institution, which is solely within the domain of the Managing Committee”. This order was recalled on technical ground in RVWPET No.42 of 2010, in order to give a chance to Sahu to step in to the Writ Case and say his version. The issue has rested there.

But the Director of Secondary Education was duty bound to take administrative steps against Priti Pratima Bhol for her corruption discernible in the letter cited supra.

These are the points that bare her corruption:

1. She was in possession of the minutes and resolutions of the School Managing Committee Meeting No.08/08 wherein forgery and misappropriations committed by Sahu and his abandonment of service were recorded;
2. She was in possession of the order of demotion of Sahu from the post of HM I/C to the third position in the list of teachers pending enquiry into his offenses;
3. She was well aware of the fact that Sahu was no more the HM I/C, as she had accepted and forwarded to the Director the statutory information sheet in Form A-(II) signed by the new MC I/C wherein Sahu was shown in the 3rd position in the list of teachers;
4. The government’s orders denying approval to Sahu’s appointment was well within her knowledge, as it was she, who had communicated the government order to the School in her letters of 25.5.09 and 9.11.09 wherein there was no trace of Sahu in the approved list of teachers eligible for Block Grant.
5. She never made any enquiry on the on Sri Sahu’s allegation that the ex-secretary did no allow him to join his duties though he had “attended the school on dt. 15.11.08 and dt.21.12.09”.
6. From letter of Sahu dated 10.07.08 till 15.11.08, where was Sahu? If he had attended the school on 15.11.08, and the ex-secretary did not allow him resume his duties, why was he silent till 25.05.09? On the other hand, if he had written the letter to the Inspector on 25.05.09 as Ms. Bhola has mentioned, where was he thereafter till 09.11.09? Ms. Priti Pratima has not required any answer on this from Sahu. She has not even asked the School to react to Sahu’s letters. She has not even revealed what action she had taken on Sahu’s letters. Not only that, but also she has not mentioned of Sahu’s letter of what date she had to issue this mischievous letter on 25.01.10 and where was Sahu from 09.11.09 till this date.

How could she address Dhobanath Sahu as HM I/C in this letter when she knew that he was not the post holder, not even an approved teacher and a teacher under the process of prosecution for misappropriation of wealth of the school and forgery of certificates?
It was incumbent upon the Director to enquire into allegations against Sahu if the school fitted into Block Grant was to be saved. In fact, on 29.04.10 by order No.21660, the Director had asked the Circle Inspector of schools, Khurda for a factual report on the well documented allegations of HM I/C of the school. The CI was the same Ms. Bhola whose mischief, as discussed above, was at the root of all the ills the school was suffering. The representation of the HM I/C dated 13.4.10 on which the Director had sought for the report, had severe allegations against the same Inspector. The “subject” of the allegation read, “Repeated harassment being meted out to S.G.G.Bidyapitha by the C.I. of Schools, Khurda”. When the allegations were such emphatically raised against the C.I. of Schools, the Director had asked the same C.I. to to enquire into the allegations and report. What a farce!

Case in the High Court

The C.I. had made the situation so unmanageable that the school had to seek intervention of the High Court of Orissa in W.P.(C) No. 22280 of 2010. In an Order dated 22.12.2010 in Misc. Case No. 20410 arising out of the writ case, the High Court, in the interim, stayed the order dated 29.11.2010 issued by the C.I. of schools, Khurda. Interestingly, Sahu filed a misc. case to be an intervener , which the Court granted. And, he moved the Court for vacating the interim order dated 22.12.10. The Court refused to vacate the stay.

Retrenchment quashed in absence of retrenchment!

When Dhobanath Sahu’s prayer has thus been rejected in the High Court and the issue is sub judice, the Director of Secondary Education has issued an order bearing No.15089 dated 06.05.14 wherein it is mentioned that the Director “has been pleased to quash the retrenchment order of Sri Dhobanath sahu, in-charge Headmaster, Sankarsan Godi Godisahi Bidyapitha, Godi and allow him to resume in his duty in the school immediately”. Sahu was never retrenched. Which order of retrenchment the Director quashed is a conundrum.

Sahu was demoted to the 3rd rank in the faculty, pending disciplinary action. Under orders of the Government the Director refused to approve his appointment for Block Grant, obviously because of his serious misconduct. So quashing his “retrenchment” when he was not retrenched and asking him to resume as Headmaster of the school, when he was not in the approved list and there was a Headmaster legitimately in chair by being appointed by the MC and recognized by the authorities,  is an offense that only a habitual offender can do; not a responsible Director of education.

The school is a non-government school and the Director has no jurisdiction to appoint anybody as Headmaster or to quash any resolution of the MC of the school. Appointment of Headmaster “is solely within the domain of the Managing Committee”, had declared the High Court on 05.02.10 in W.P.(C) 2096 of 2010.

This illegal order has been challenged in a new writ case bearing No. W.P.(C) 10575/2014.

This is just a sample of how the fish market is continuing in the Directorate of Secondary Education, Orissa, under the very nose of the Secretary and Minister of the department.

It would be an insult to patriotism if Biju’s Dakota is preserved in Orissa Museum

Subhas Chandra Pattanayak

BJD member in Orissa Legislative Assembly Debashish Nayak has made a demand in the House that the parked and abandoned Dakota airplane of  Biju Patnaik’s Kalinga Airlines be brought from Kolkata airpost and be preserved in the State Museum at Bhubaneswar. Sycophancy knows no bound. But it will be the worst insult to patriotism if his demand is fulfilled.

I explain, why.

A major reason of more than eleven thousand square kilometers of our soil being lost in the Chinese aggression was because of Biju Patnaik’s treachery against the country executed through his Kalinga Airlines.

On October 20, 1962, China had attacked India. We had to suffer the most ignominious defeat in Chinese hands, because there was a man Biju Patnaik in the near circle of Prime Minister Nehru eager to make huge income by sabotaging the country.

Brig. John Delvi in his book ‘Himalayan Blunder’ has pointed out that India lost more than 11000 square kilometers of her land to China in the 1962 war because of lack of basic essentials like warm clothing, snow boots, and glasses.

Biju Patnaik had fetched a contract toJohn Delvi,  airdrop these essential supplies to our soldiers in the NEFA front. But, instead of delivering the same to our soldiers, he had sold away those supplies in black-markets  (Lok Sabha Debates (V) (1967) 7980-7990).

Because of this treason, our soldiers had lost their stamina to fight and we were in the worst of debacles after our independence.

This particular debate was generated in the environment of availability of Lt. General B. M. Kaul’s accounts on our war debacle in his book ‘The Untold Story’’.

In this book, General Kaul, who was in command, had attributed the defeat partly to inadequate supply of essential necessities too.

Nehru’s then blue-eyed boy Biju had cultivated the contract for delivering the supply of essential necessities to our fighting soldiers in the NEFA front through his Kalinga Airlines. But, instead of delivering the supply to the soldiers, he had sold them in the black-market at Calcutta, at Dibrugarh, at Jorhat and other places.

In the Lok Sabha debate mentioned above, when Hem Barua had rued over this, S. M. Banerjee had pointed out that when in the snow-clad battlefield on the border our soldiers were in dire need of basic essentials like warm clothing, and some of the countries like West Germany had rushed profuse amount of top quality woolens like blankets, pullovers, shocks and snow-shoes etc for use of our fighting forces, the same never reached them, as the rich people grabbed them for their own comfort through the black-market fed by Kalinga Airways of Biju Patnaik.
Despite having sold the essential defense supplies in the black-market, Biju had bagged Rs. 1, 78, 33, 416.00 from the exchequer towards charges of their delivery in the border (Prime Minister Nehru’s reply to Surendranath Dwivedi in the Lok Sabha on 25 January 1963)

Biju had committed many offenses against the country even before the Chinese attack. One of these offenses was unauthorized use of an aircraft of his company- known to defense intelligence as a plane under contract with their department – on 26 October 1959 in secret service of a group of unidentified persons that had traveled to and fro between Calcutta and Bombay.

Questionable conduct of Biju’s airways, specifically as the defense of the country was involved, was inquired into through a committee headed by Katju. The findings of this Committee were devastating. But, lest Nehru’s fault in relying upon Biju also gets exposed, his government claimed privilege over the report and denied even the MPs to go through it, though on December 01, 1960, the Lok Sabha was fed with a vetted synopsis thereof after a lot of ruckus.

Biju was the first mafia to have entered politics and polluted politics for personal aggrandizement. Nehru had made shameful contributions to this.

So, despite confession that the Katju Committee had found massive irregularities committed by Kalinga airways, the government was not to terminate the contract with him, as a result of which, the defense supplies did not reach the soldiers in the battle field, but fetched profit for Biju from the black-market in places like Calcutta, Dibrugarh and Jorhat.

The then Minister of State (Home)Vidya Charan Shukla had told Atal Behari Vajpayee in reply to his star question bearing No. 785 on 28 June 1962, that the Public Accounts Committee had found many specific illegalities and forgeries, which the Kalinga Airways of Biju Patnaik had committed. By blackmailing Nehru, Biju escaped prosecution.

The Public Accounts Committee of Parliament had found that during the war, Kalinga Airways had at least 1600 unauthorized flights over the war zone. This was a serious offense. The country had neither authorized nor had funded these 1600 flights over the border where the war was going on, in the most sensitive time. As the PAC mentioned of this matter, and it was clear that the government had to investigate into it, the number of these suspicious and unauthorized flights was tampered with and in place of 1600, the figure was projected as 200. When Mr. G. G. Swell queried on who tampered with the figure of the unauthorized flights, Minister Shukla had declared, that the committee investigating into the specific offenses of Kalinga Airlines, would also look into this mischief.

But, Biju escaped, because any action against him could also have brought to limelight the wrongful patronization Nehru had given to him oblivious of harms that was causing to the country.

The whereabouts of Kalinga Airlines was not kept track of. The loss that the nation suffered because of Biju Patnaik’s treachery was not determined. The pilots of the airways without whose collaboration Biju could not have committed the illegalities were never interrogated, when Kalingalines aircrafts crashed one after one, the last reported being a Douglas C-47A on October 17, 1965 with 8 fatalities that had extinguished the entire crew whom the nation should have interrogated to know the truth.

If anything, Biju deserves posthumous punishment for treachery against the country. Why the debates in parliament, exposures in Katju Committee as well as PAC reports were rendered inconsequential should be investigated into by a competent Judicial Commission of Enquiry, as greater interest of the country calls for that.

Therefore, it would be a great insult to Orissa and to the patriotic sense of the people of Orissa, if the sycophantic demand of the BJD member in the State Assembly is heeded to.

If there be no State terror there may be no terrorist

Subhas Chandra Pattanayak

In reaction to a posting captioned ‘Sabyasachi Panda: crime under colonial definition is no crime per se’ published in these pages on July 26, a reader Arun Kumar Upadhyaya has hurled a comment with obnoxious and defamatory words. As these pages are not to spread nasty reactions in filthy languages, Upadhyaya’s comment is discarded.

For him and any reader of his ilk, it would be better to be warned that these pages are not designed to be used for the pleasure of the rightist rats or for capitalist snakes for spewing out venom of religious revivalism, fascism, fanaticism, atavism, caste/religion supremacism and any suchlike nuisance.

This site is dedicated to the voiceless people, not to violence. We want to reach the root of violence to explore how the society could be free of violence. We oppose violence that breeds violence and our endeavor to see how violence is not generated is caused by our concern for our present and future generations, which gets expression in these pages.

So, readers are welcome to react to any posting in these pages without violating their composure and strictly in a way that would be considered congenial to the working class, whose interest this site is addressed to.

To this site, terrorists are not the original cause of terror.

The word ‘terrorist’ evolved from the French word ‘terooriste’ used by king of France and his tyrant team against the leadership of the French Revolution. The said revolution was aimed at ending the autocratic rule of the king and to usher in democracy and equality. So, obviously, by origin and practice, ‘terrorist’ is a word that was and is being used against the revolutionaries by the very same fellows who violate the people’s right to live happily and use the State to terrorize the people.

Had there been no State terror, there may not be any terrorist.

Sabyasachi Panda: crime under colonial definition is no crime per se

Subhas Chandra Pattanayak

Reacting on my posting of July 24, captioned ‘Mili Panda hopes situation shall not be created for creation of many Sabyasachis’, a very dear and close relation of mine, Sriman Hari Prasad Patnaik has postedhis views in social media Face Book. I quote the relevant portion: “………….every criminal’s kith and kin will always vouch for the criminal’s innocence and his/her pious and oh so clean way of life. That is a natural reaction. So I doubt whether we should take Mili Panda’s statement to be the gospel truth”.

Even as I appreciate these words, which, to me, are born out of Hari Prasad’s aversion to violence, I would like to say, revolutionaries like Sabyasachi Panda cannot be termed as criminals. There are many discussions going on, specifically by the elites, in the media, wherein Sabyasachi is being projected as a criminal. Certain activities attributed to him by the police connotes to crime as defined in the IPC that the British had promulgated to suppress Indian voices against exploitation. But there is reason to differ with what the IPC has defined as crime.

Be it appreciated that every crime is an outcome of a crime that generates a cause for the crime. As criminology holds it, no activity that looks like a crime is a crime, if criminal intention is not present.

So, every crime is not to be treated as one.

There is vast difference between crime that gives birth to consequential crime and crime that takes place consequent upon a crime.

Difference between crime and crime

Thus crime is not similar on all occasions. This dissimilarity makes crime viewed differently. And this difference is based on two different basic patterns: Generating Crime that gives birth to a consequential crime and Generated Crime, which is the product of a crime that generates situation for its perpetration. Therefore, crimes are of two distinctly different patterns.

Crime with criminal intention belongs to the first pattern and consequential crime belongs to the second pattern.

For example, when a trader hoards essential commodities, he does it with criminal intention to fetch more profit in the black market. So, hoarding is a crime of the first pattern.

Watching the plight of consumers, a conscious person intervenes and asks the hoarder to release the commodities, which is not heeded to by the hoarder, who continues increasing his personal wealth with massive profit from the black market with the state machinery in his pocket. Time comes, when the protester deems it proper to get the society rid of the hoarder in a way matching the armed protection given to him by his Patron State. Here his action, in terms of IPC, may be defined as a crime; but in reality, there is no criminal intention behind this crime. This crime is of the second pattern.

Violent action of a person affected by black market, against the hoarder may look like a crime under the colonial definition of crime,  but in reality, it is consequential to the crime perpetrated by the hoarder under protection of the State, which fellows of his like control.  Thus,  hoarding is the Generating Crime and consequential protests against hoarding, even if that causes bloodshed, are Generated Crime.

Sabyasachi Panda’s crime, if any, is Generated Crime, not Generating Crime. So, he is not a criminal.

Moreover his action, even if violent, is no crime with criminal intention against the society.

Had there been no State-terror, had the State not stood with the exploiters, I believe, highly gifted persons like Sabysachi Panda, entirely dedicated to the cause of the toiling masses, would never have chosen the violent path.

Kalinga Nagar Massacre

To understand the difference between Generating Crime and Generated Crime in a better way, conduct of Tata industry in Kalinga Nagar and revolt of tribal people of the locality vis-à-vis the bloody role the State played in support of Tata on January 2, 2006 may be of guiding help.

Look at any industry, the same scenario will speak aloud about how protesters against exploitation and destruction of their living environment are being branded as criminals by the police state, even though their actions are mere reactions to Generating Crime that the wealthy class perpetrates.

Shikara of Bhagabati Panigrahi

Crux of this phenomenon was most ably dealt with in the epoch making story ‘Shikara’ of Bhagabati Panigrahi , father of progressive literature in Orissa. I would like to transform an excerpt from this story to first person narration while roughly translating the same into English.

The hero of the story is Ghinua, an innocent forest dweller, who, tortured by a wealthy man namely Gobind Sardar, had beheaded him sans any qualms. He had narrated the reason of his action in his deposition in the court. And, the court had given him death sentence for the crime of murder. Till execution of the death sentence, he had not known the meaning of murder.

Please mark, what he had told the court, which, as I have already said, I am converting here into first person dialogue from Bhagabati’s narration for better understanding.

He had said to the Court, “I had to overcome a lot of difficulties in cutting off Gobind Sardar’s head. Many more persons were trying to kill him, but none of them had succeeded, as Gobind Sardar was always moving in a motor vehicle. He had accumulated wealth by looting everybody. He was personification of a great Satan. One cannot describe how many persons he had killed, how many persons he had ruined, how many women he had raped. He had taken away my landed properties in similar sinister manner. That evening he had even attempted to rape my wife. How dared he! He was fleeing in the motor vehicle on seeing me. He was trying to escape. I immobilized his vehicle by shooting my arrow to its tire. Then I chopped off his head and sped up to the Deputy Commissioner’s bungalow covering 30 miles through the dense forest in the night (with the full confidence that I will be rewarded sumptuously for having killed a man more dreaded than a tiger)”.

Photo copy of the paragraph from the printed story ‘Shikara’ is given below.

when Ghinua was held a criminal
Every reader of this epoch making story knows that, Ghinua had rushed to the Deputy Commissioner in hope of larger amount of reward than what he had received on previous occasions on killing Mahabala Bagha (Orissa’s tiger of massive strength) as to him, Gobinda Sardar was more savage than the tigers he had earlier killed. Instead of rewarding him for killing a man more sinister and menacing than a Mahabala Bagha, the British law had found him guilty of homicide and had given him death sentence for the crime.

Is there anybody in the world who really holds Ghinua a criminal? No, never.

He was totally innocent. His action was not a crime, but just a reaction to the unbearable crimes perpetrated by wealth accumulator and debauch – the real criminal, whom administration had never prosecuted – Gobinda Sardar.

Therefore, he is, and will remain forever the trendsetter of active action against exploitation and foul play of the criminals in power.

To sane minds, Ghinua is not a criminal, because what the law of the tyrant State defines as his crime, was nothing but a reaction to the heinous crimes the wealthy man Gobinda Sardar was in habit of perpetrating with the administrative machinery in his pocket.

Sabyasachi Panda and suchlike users of weapons against Gobinda Sardars of today are nothing but Ghinuas in modern forms, whose commitment to the cause of the helpless poor and voiceless toiling human beings has landed them in the labyrinth of the colonial law where the elite class is branding them as criminals.

Beyond the limits of this colonial Law and in the realm of romance of sacrifice and suffering for the poor, helpless, and voiceless brethren, they are the beacon lights that shall never fade.

So, what Ms. Mili Panda has told of her husband, cannot be in limine rejected. The colonial definition of crime needs be amended, as most of what gets projected as crime is no crime per se.

Judicial Enquiry Essential to determine if Justice Laxmikanta Mohapatra did not act a conduit for a Chit Fund Mafia

 

Subhas Chandra Pattanayak

(With core information from Jayanta Kumar Das)

Had Justice Laxmikanta Mohapatra not acted a conduit for chit fund operator Pradeep Kumar Sethy, he could never have acquired a ‘B’ category plot measuring 4000 sq.ft. in the most lucrative Bidanasi Housing Project area of Markata Nagar of Cuttack and by way of its transfer, would never have formed the triangle with the State’s Advocate General Asoka Mohanty.

RTI activist Jayanta Das deserves all praise for having dug out information that are to be dealt with here. The information is available in social media, as he and Alok Jena have shared them with the society. I was expecting Justice Mohapatra to react. He is silent. Advocate General Mohanty could have also come out with his clarification. He has not. Padeep Sethy has been arrested and facing trial for cheating the chit fund depositors. With him entangled in this plot scandal are Justice Mohapatra, then of Orissa High Court on one side and Orissa’s Advocate General Asoka Mohanty on the other!

This triangular scandal has another side also. We are conducting an enquiry thereon and will deal with the same after our investigation is over.

But it is time to say, to us it seems, Justice Mohapatra has acted a conduit for the chit fund mafia Pradeep Sethy.

It seems Justice Mohapatra has acted from the beginning to arrange the plot for the economic offender. He had no real necessity for the residential plot in Markata Nagar of Cuttack City. This is evidenced in his later declaration that, being a permanent resident of Cuttack City, neither he nor any of his family would ever need a residential plot in any of the housing projects of CDA. So, evidently there was no urgency for him to use official letterhead of the High Court to apply for the plot under discretionary quota which is ethically meant for helping people who are in very urgent need of a residential plot, but quick allotment of the required land to them is not possible in the normal process. The urgency for the allocation expressed in his application is obviously not for his use, but for circumventing the allocation process for a shadow beneficiary who subsequently transpired to be a chit fund cheat. Let us see why this occurs to us.

LM_Use of High Court pad by LM in application for plotThe ‘B’ category plot could not have normally come to Sethy. Not even to Laxmikanta Mohapatra as an Individual in normal allocation process. So Mohapatra used the official letterhead of the Orissa High Court to browbeat the authorities and acquired the plot by way of allocation from the discretionary quota of the Chairman of Cuttack Development Authority.

To bag the plot, he hoodwinked the law by crafty suppression of the fact that he has already had his residential house in the city of Cuttack. He is a permanent resident of Stoney Road, Chandini Chowk, Cuttack. The law says, a resident of the City cannot be allotted with a residential plot from the CDA in the city of Cuttack. Therefore, suppressing that he has permanent house in the Cuttack City, he stated in his application dated October 11, 2006. “I have no land at Markata Nagar, Abhinaba Bidanasi, Cuttack either in my name or in the name of any of my family members”, as if Markata Nagar is a different place and not a part of the City of Cuttack. CDA also helped him in this mischief in the body of allocation.

The use of the High Court letterhead and his position as Judge of the Orissa High Court was too intimidating for the CDA staff to examine the legality and ethicality and eligibility aspects in allocation of the land to him. And, consequently, Plot No. 11-38/1332 measuring 4000 sq.ft. in ‘B’ category was given to him for only Rs.9,50,500/- under order No. 12699 of CDA on 25.5.2007. Mohapatra took over possession of the plot on 23,07.07. But did not bother about execution of the lease deed. Had the deed been executed, he would have been required to pay to the exchequer in form of Stamps. Non-execution of the lease deed for several years after allocation of the land to and taking over of the land by Justice Mohapatra was deliberate, because, a design was already on the anvil to transfer the plot to Sethy with a huge profit margin by way of commercial use of the plot, though the allocation was strictly for residential use of Justice Mohapatra.

Mahapatra had no right to use the plot in commercial transaction. Firstly, being a judge, he should not have sought for personal benefit at the discretion of the CDA chairman, which was de facto bound to make him obliged to the boss of a commercial institute that deals with allocation of plots and contracts of developmental works necessitating judicial intervention as and when occasion arises. Secondly, had he wanted not to continue with the allotted plot, he should have surrendered the same to the CDA before making any value addition thereto. He did not do. He had a design to make a commercial profit out of it. He has made the commercial transaction behind back of the CDA before the lease deed was executed  and has nose led it to put stamp of approval on his commercial deal.

I quote from his affidavit where he has informed the CDA in these words: “I have entered into negotiation with Sri Pradeep Kumar Sethy S/o Rama Chandra Sethy, resident of Ananta Nagar, 6th lane, Berhampur -760005, Dist. Ganjam, Orissa for transfer of the above plot because of my legal necessity and I have received the consideration money amounting to Rs.1,00.00.000/- (Rupees One Crore only) as agreed between us”.

Mark the mischief. He has not made this negotiation with the chit fund mafia Pradeep Sethy with permission of the CDA. He has simply declared that he has entered into negotiation with Sethy to transfer the plot to him by already having received Rs.1 crore as consideration money and has asked the CDA to transfer the said plot to Sethy, as by then the lease deed was not executed. As the lease deed was not executed, he was not to make the registration. The transfer was not to be done in the land registration office of Government of Orissa, but was to be done in the file only in the office of the CDA. So, despite the land transfer made against consideration money amounting to a crore of rupees, the same being done out of the Registration office, the stamps applicable to a Rs.1 crore worth land transaction was not to come to the exchequer.

In order not to give any scope to CDA to allot the plot to any other person than Sethy, Mohapatra stated, “I have not negotiated with any other person for transfer of the plot” and undertook “to hand over possession of the land to Pradeep Kumar Sethy after obtaining permission for transfer of the ownership allotment and before execution of the lease deed in favor of the prospective transferee”.

On receiving this affidavit, CDA “transferred” the plot from Justice Mohapatra to Pradeep Sethy under order No. 8098 dt.23.4.2011 “to be used only for residential purpose” with the stipulation that “the residential building must be constructed within one year from the date of issue of this letter”. This stipulation indicates that no “residential building” was standing on the plot by that date, which prompts us to infer that Justice Mhapatra had lied in the affidavit about standing of a two-storied building in the plot just to add about (90 lakh of rupees worth value to the plot procured by paying the CDA a sum of Rs.9,80,500/- only. Had the double-storied residential building been really there, CDA could not have subjected the transfer of the plot from Mohapatra’s name to Sethy’s name to a non-violable condition that the “residential building must be constructed within one year from the date of issue of the land transfer letter. Mohapatra being a Judge, that too a Chief Justice of a High Court now, it is expected that he should clarify the position for removal of shrouds of suspicion over the issue.

Sethy took possession of the plot on the same day, i.e. 23.4.2011 and without getting the lease deed executed, and violating the condition for residential use of the plot, entered into a negotiation with Advocate General Mohanty to transfer the plot to his name on receipt of Rs.1,00,01,000/- towards consideration money.

Thus, two major transactions worth more than Rs.2 crores was carried out on the same plot twice behind back of the Registration Office, Had the lease deeds been executed promptly after allocation of the land by the CDA, the transfer, instead of the concerned file in the office of the CDA, must have been done in the Land Registrar’s office and huge amounts of revenue in shape of stamps could have come to the State Exchequer then and there. Yet again, it transpires from the communication of CDA to Asoka Mohanty bearing No.6953 dated 22.3.13 that there was no residential building on the plot, for which Mohanty was subjected to the terms and condition that he was to construct the “Residential Building” on the plot as a “must” “within one year from the date of issue of this letter”, failing which, “the lease would be determined and allotment will be cancelled and the possession of the plot would be taken over by the Authority”.
So, here also, evidently the land was transferred to Mohanty without subjecting the said transfer to necessary stamps.

However, Sethy has stated in his affidavit that he was making the transaction with Mohanty “because of personal necessity”. But Justice Mohapatra had made the transaction with Sethy not for personal necessity, but for “Legal necessity”.

What was the “Legal Necessity” of Justice Mohapatra to negotiate with Sethy for transfer of the allocation from his name to Sethy’s name in the file of the CDA?

Unless Justice Mohapatra comes out with details of why it was a “legal necessity” for him to transfer his plot to Pradeep Sethy, it may be difficult to discard the suspicion that he has acted a conduit for the chit fund mafia in the instant case. This angle is is difficult to be discarded in view of the fact that he had not responded to any advertisement of CDA for the plot, but had applied in the High Court pad as it was understood by him that some plots of CDA were available for allotment. Mark the media added above. There he says, “I understand that some plots of land of Cuttack Development Authority are available within Cuttack Municipal area. I have no land Markata Nagar, Abhinav Bidanasi, cuttack……”. The question is, who made him understand this? When the availability of the plot was not advertised, how could he came to know of it? From the developments discussed above, we are inclined to suspect that Sethy had obtained the information and had made Justice Mahapatra apply for the same with yet unknown compulsions, which had forced to hand him over the plot under “legal necessity”. This suspicion cannot end till he gives details of the “legal necessity” and convinces the public that in this scandal, he is innocent.

A sitting Chief Justice of a High Court and an Advocate General of a State Government forming the triangle with a chit fund mafia over the plot in question, an enquiry by the Supreme Court of India into this scandal seems essential to cleanse the judicial system of misusers of their privileged positions. And, the sooner it is done, the better.

Sabyasachi’s arrest is no arrest of Maoism

Subhas Chandra Pattanayak
Maoism is a political concept that wants elimination of socio-economic inequality and is considered aggressive voice against exploitation of the voiceless. There is a striking similarity between the Maoists  and the State in dealing with the enemies. The State uses weapons sans any qualms to save the land from geographical aggression in the process of which arrest and death may hit any of the soldiers; Maoists use weapons without qualms, as and when necessary, to save the people from economic exploitation in the process of which they dare the jails and death. Therefore, people, who never subscribe to violence, regard the Maoists as political sentinels. So, arrest or elimination of any of them would not lead to arrest of Maoism, exactly as patriotism never declines or dies when a soldier of India gets captured or killed by the enemy on the border.

Therefore, Sabyasachi Panda’s arrest has ignited massive mass attention.

The so-called mainstream media as a whole is busy in projecting his arrest as a great victory for the State, when religious bigots that support societal inequality have started asking the judiciary to exterminate him through capital punishment. The Chief Minister has put his praise for the Police over his arrest on records in the Assembly, and ruling party backbenchers have taken the opportunity to show how active are they, by hurling abusive innuendos at the leader of opposition whose response to the CM’s statement was that, instead of celebrating Sabyasachi’s arrest, the State Government should concentrate on irradiation of poverty, the issue that had given the arrested Maoist leader his mission and strength, though the way of violence that he had allegedly adopted was inappropriate in the eyes of law.

We congratulate the leader of opposition Hon’ble Narasingha Mishra for his wise words that only a conscience keeper of the people could have told the Assembly.

We recall how eminent persons from various streams, known better for their allegiance to  Gandhism, such as Smt. Annapurna Maharana (Cuttack), Smt. Sumitra Choudhury (Cuttack), Smt. Krushna Mohanty (Anugul),Sri Rabi Roy (Cuttack), Md. Baji (Nawarangpur), Sri Ratan Das (Gunupur), Sri Bhabani Charan Patnaik (Bhubaneswar), Dr. Bhagaban Prakask (New Delhi) and Prof. Radhamohan (Bhubaneswar), while appealing him in October 2012 to shun violence, had put on records their high appreciation for his exemplary fight to emancipate the wretchedly poor and Dalit people of the State.

By arresting him, the cause he stands for cannot be curbed. Maoism cannot be arrested.

As we have seen, it is the Maoists ,who, by their aggressive stance, make the capitalist governments provide funds for welfare of the poorest of the poor, as seen in allocation of special and dedicated funds for the Maoist dominated districts by former Prime Minister Manmohan Singh, to whom the Maoists were “left viruses”.

Had there been no Sabyasachis, there would never have evolved welfare schemes like the NREGA. Let me quote a 2010 BBC report to show how these schemes are generated by Maoist activism. It had highlighted what an executive of the scheme had said in these words: “NREGA is the only way forward to take on the Maoists. This is nothing about winning hearts and minds. Its only about giving people work before the rebels come in and convince them that they are a better option than the state”.

Against this backdrop, Sabyasachian issue needs impassioned analysis and recognition as a political issue. His crimes, as alleged, deserve to be defined as political crimes.

True, the police have instituted many cases against him. But, Police cases do not make him a criminal.

Police in the eyes of the Supreme Court

According to the Supreme Court of India, vide Judgment delivered on July 2, 2014 in Criminal Appeal No.1277 of 2014, “the Police has not come out of its colonial image despite six decades of independence; it is largely considered as a tool of harassment, oppression and surely not considered a friend of public”.

There was not a single freedom fighter including Gandhiji, whom the Police had not projected as criminals and not prosecuted for violence and sedition. That “colonial image” of police, according to Justice Chandramauli Kr. Prasad and Justice Pinaki Chandra Ghose of the Supreme Court of India, as quoted above, “has not” changed “despite six decades of independence”.
The media must take note of this.

And, Media …….

Instead of boasting of mainstream tag, the media should adhere to professional ethics, and media persons, instead of acting mindless orchestrators, should refuse to dance to the tune of the media-owning class in denigrating Sabyasachi and the patriotic public should refuse to be swayed away by the versions of administration, which the compradors mostly control; and leave the issue to impartial wisdom of the Judiciary only. And, the Judiciary should ensure that Sabyasachi is not mistreated by the police when in custody, as many apprehend.

India has already experienced

Rare are the persons who suffer for the cause of the victims of socio-economic exploitation and inequality. And for every society, way to emancipation is not paved only by non-violence, as India has already experienced in her struggle for freedom. Maoism shall not be stymied by arrest of Sabyasachi and suchlike; it can end only when the State ends socio-economiv inequality. Two steps are urgent in this regard. One, elimination of caste-supremacism ; and, two, imposition of ceiling on private wealth with retrospective effect to tally with the land ceiling, Indian farmers have been subjected to.

The Farce called Election Cases starts commencing with Petitions filed in Orissa High Court

Subhas Chandra Pattanayak

Some of the defeated candidates including media heavyweight Soumya Ranjan Patnaik and popular Congress leader Lalatendu Bidyadhar Mohapatra have filed election petitions in Orissa High Court. With this a new farce with very remote possibility of conclusion has commenced.

We have in these pages been insisting that the Supreme Court should come forward to constitute a separate election bench for exclusive hearing and timely disposal of election cases, binding the High Courts to create such exclusive benches at their end, so that the houses of people’s representative are helped to get rid of manipulators of elections, if any, as pointed out in entertained election petitions, without being affected by illegitimate members. But it has remained a cry in wilderness.

The result is, election cases have become de facto farcical, inasmuch as most of them are not heard and decided till the alleged manipulators complete the entire term of five years as people’s legitimate representatives!

Former Finance Minister P.Chidambaram is a case for reference.

These topics may help study the phenomenon:
1. Democracy needs Supreme Court to create separate Election Benches
2. Sivaganga shows us how hollow has become our democracy
3. Cidambaram could not have dared to contest: But Judiciary should be ashamed of how it helped him stay in power for the whole term
4. Exclusive Election Tribunals Essential

As long as separate Election Benches in High Courts or in the Supreme Court or an Election Tribunal like the National Green Tribunal do not get formed, election cases, in our opinion, can at best be viewed as a pattern pf political farce.

The Country needs a law that should put an elected member of an Assembly or the Loksabha in suspended animation the moment an election petition challenging her/his election is admitted for hearing , binding every such election court to dispose of the admitted case within the first year of election. As otherwise, democracy shall have no escape from the hands of the manipulators.

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