May we suggest to the Supreme Court: More than curb on adjournments essential is restriction on admission

Posted on May 23, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

In a recent judgment, the Supreme Court of India, from the bench of Justices K S Radhakrishnan and Dipak Misra has strongly disapproved the delay in dispensation of justice in criminal cases. When the Criminal Procedure Code makes it a must for day-to-day proceeding once examination of witnesses starts, “with impunity” adjournments are being allowed in trial stage at the instances of lawyers; and this is causing the delay in justice and avoidable piling of cases, the Court has observed.

This is a very welcome verdict and if not willfully dishonored, it may help speedy dispensation of justice and reduction of load of litigation. But the Supreme Court has no machinery of its own to know if its judgments are honored and therefore, as we have marked, its verdicts, where more than any individual the general public and/or the system of administration are to benefit, do die of negligence by the authorities concerned. We wish this judgment not to die like this.

However, curb on adjournments cannot be the only remedy to overloading of trial courts with litigation. Most of the criminal cases are manufactured and concocted by the black sheep in police in nexus with criminals eager to escape by falsely implicating the innocent or to settle score by torturing their opponents.

Our judicial system is so defective that the primary court does not think it necessary to go beyond the assortment of accusations to be prima facie convinced that the forwarding officer is not influenced by the accuser.

To the primary courts the police are as if the Gods that cannot be looked at askance. This is why; thousands of false cases are being allowed admission every day in India.

That, most of these cases end in acquittal of the accused is indicative of the fact that they were instituted willfully falsely. But, neither the accuser nor the police officer for whom the judiciary was/is overloaded with false cases is ever punished.

The apex court is to look into this phenomenon if the system is really to be relieved of the load of litigation and avoidable loss of judicial time.

It is essential to make it a must for the primary courts to screen the forwarded cases on the matrix of natural justice before registering the case for adjudication. The person whose right to freedom is set to be affected by a criminal case on admission whereof bail would normally be denied, must have the right to be heard before denial of bail so as, at least, not to make a farce of justice and to ensure that the primary court from which the criminal justice system begins its upward journey does not become by itself the prosecutor.

A progressive case law may be created by the Supreme Court to eliminate this defect in criminal procedure.

Every instance of admission of a criminal case should be preceded with a primary hearing to the extent of the primary court getting prima facie convinced of the credibility of the allegations raised against the accused, specifically as it is being increasingly noticed that prosecution is failing to prove the allegations in majority of police cases leading to acquittal of the accused in the long run.

Very often the police institute false cases against persons disadvantageous to their own illegal activities or under pressure from political fellows in power to harass their opponents or under influence of the accuser determined to settle scores with an adversary.

Accepting the police version, therefore, as prima facie reliable in the primary courts should be discouraged. Otherwise, there shall be no reprieve from overloading of judiciary with cases ultimately in most of them to collapse as baseless and/or not proved.

So, more than curb on adjournments, restriction on admission of criminal cases is essential.

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Commission of Inquiry needed on Commission of Inquiry

Posted on May 5, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

Noted RTI activist Pradip Pradhan has shared with me information officially received that the State Exchequer has coughed up a sum of Rs. 1,04.51.317/- for Justice C.R.Pal Commission of Inquiry, constituted to inquire into the demands of different bar Associations and to make an in-depth study in respect of establishment of a permanent Bench/ Circuit Bench anywhere in the State other than the Principal seat.

The Commission was appointed on 11.3.2008 for six months and was asked to report its finding within that period. But, despite several reminders from the government, Justice Pal has not completed his work and not submitted his report. For the tenth time, his tenure has been extended till June 2013. There is no guarantee that the inquiry shall be completed by this time.

It is a serious syndrome. If Justice Pal has no expertise or ability to complete the inquiry within the stipulated time, he should have been honest to go away from the assignment; because the delay in completion of the inquiry is injuriously expensive for the State.

One may not err if the delay seems to be a means to a continuous earning for the Judge in his retired days. Any retired judge heading any Commission of Inquiry like Justice Pal should be made answerable for draining out of the State Exchequer if he has accepted the appointment to conclude the inquiry within a given time; but has wanted and obtained extensions after extensions, taking thereby more money from the exchequer than what was originally estimated.

A Commission of Inquiry on the Commission of Inquiry that causes so much delay in concluding the inquiry is necessary to ensure timely conclusion of the inquiries that State is instituting in matters of urgent public interest.

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Wrongful Police fail to keep judicial wisdom eclipsed; Devi Prasann Nayak, Subash Singh and Brajabhai enlarged on bail

Posted on May 1, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

Police ultimately failed to keep judicial wisdom eclipsed by misuse of powers vested in them and finally, the Additional District Judge, Cuttack has granted bail to Trade Union leaders Devi Prasanna Nayak and Subash Chandra Singh, President and General Secretary respectively of Utkalmani Newspaper Employees Association as well as to Brajabhai well recognized as the man who had reformed the premiere daily into rejuvenation. They are implicated in mischievously built up concocted cases, which on hearing are bound to collapse; because the allegations are blatantly wrong and entirely baseless. We are sure; no fabricated case can earn judicial support in the long run.

The Samaja, people’s paper of Orissa, built up with constant flow of people’s patronization being the paper founded by their beloved leader, late Utkalmani Gopabandhu Das, has, behind the back of the people, in the mean time, been transformed into a den of swindlers, manipulators, self-seekers, schemers, exploiters, unfair labor practitioners, womanizers, and pet women who sans qualms can use their muliebrity to malign any gentleman disadvantageous to the men of moral turpitude.

Devi Prasanna Nayak and Subash Singh are determined to save the Samaja from this den. They were therefore in the hit list of the fellows that dwell the den.

On the other hand, Servants of the People Society (SoPS) of which Utkalmani Gopabandhu was the leading light before his premature death has captured the Samaja under the plea of a WILL attributed to him. But a few months ago a document stumbled upon; suspicion is in the rise that the WILL on the basis of which SoPS has occupied the Samaja is not a genuine WILL

This has led to formation of an instrument to save the Samaja which is known as Save the Samaja Forum (SSF).

Even as SSF has been harping on investigation into the reality or not of the WILL, it has come to light in course of investigation by Justice Arijit Pasayat that there is swindling of the Samaja funds to the tune of several crores of rupees as well as instances of grievous moral turpitude. To preempt punitive action, a gang of fellows marked by the Pasayat Committee for offences, has, through a stage-managed election, which a competent judge has observed to be incongruous with the constitution of SoPS, occupied the Samaja and in order to render the investigation report inconsequential, has framed up Sri Nayak and others to create panicky amongst the workers of the news daily so that from headquarters of the paper their reign over SoPS as well will continue without any hurdle.

Cantonment P.S. of Cuttack has obliged this gang so far.

We will focus on this P.S. later, but for now, to us, the happy occasion to mark is, enlargement of Nayak, Singh and Brajabhai on bail. Their appeal for bail was given legal support by the State’s new generation legal luminary, Advocate Bibhu Prasad Tripathy as well as by Advocates Milan Kanungo, Manoranjan Mishra, Devi Prasad Dhal, and Soyed Hidaytulla (Chand babu).

In course of the cases, the complainant had tried to meddle in the matter through its lawyer. But Sri Tripathy had raised a brilliant protest against participation of the complainant through a lawyer in opposing the bail petition. He had cited various case laws to apprise the judge of the soft threads of law over the issue and despite the Samaja occupiers having engaged a top ranking criminal law practitioner to plead for them, that was rejected on elaborate hearing.

Instead of acting the desired sentinel of the people, the Samaja now appears a habitual litigant. People of Orissa do certainly not like to see it in this condition. And, we hope, a day shall soon come, the Samaja will be free from the hoodlums.

We are thankful to judiciary for having given us – the working people of Orissa – a great moment to celebrate the May Day by granting two brilliant trade union leaders – Devi Prasanna Nayak and Subas Chandra Singh and Brajabhai, the man that had brought discernible reforms and rejuvenation to Samaja – the much awaited bail, out of the dark tunnel of manipulation, which the powerful newspaper management in nexus with police black sheep had so cunningly created.

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Bureaucratic barbarism set to shatter an innocent employee when he retires: Will the Health Minister intervene?

Posted on April 22, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

An innocent man who is to retire this month from a very low paid government job under the malaria eradication wing is going to be shattered unless the Health Minister or the Chief Minister intervenes to save him from bureaucratic barbarism.

One Abhaya Kar, whose mother was working in Ramachandrapur Primary Health Centre had borrowed Rs. 30/- from Kanhu Charan Panda, a lab technician of that PHC in 1995. Panda had given him the money as he knew him as the son of a colleague. But Kar did not return him the money. On persistent request, he had returned only five rupees and promised to pay the rest Rs.25 the next day. But, because he had felt embarrassed upon being pressed to pay, he decided to teach him a lesion while repaying the borrowed money.

Accordingly he cooked up a plan. He obtained a prescription for blood test from a Doctor and prompted Panda to draw the sample for the test while telling him that he would take the report the next day. Then he went to vigilance S.P. of Sambalpur and informed him that, for a pathological test, Panda was demanding him bribe of Rs.30/- out of which he has already paid Rs.5/- and is to pay Rs.25/- the next day in order to obtain the report.

A trap was laid. The vigilance police gave Kar Rs.25/- after sprinkling phenolphthalein powder on the Notes, which he gave to Panda on 5.5.1995 saying that he was repaying the borrowed money. There was nothing for Panda to disbelieve. But as he put the money in his pocket, the vigilance squad pounced upon him and recovered from his pocket the tainted Notes. He was arrested on charges of bribe and forwarded to the vigilance court and under direction from the vigilance police, he was put under suspension.

Prosecution commenced against him in the Court of Special Judge (Vigilance) at Cuttack in T.R. Case No. 293-2007 arising out of Sambalpur Vig. P. S. Case No. 09 of 1995.

The vigilance court finally determined that the case against Panda was a false case inasmuch as on the day of occurrence, i.e. 5.5.1995 Kar had refunded the loan amount which he had earlier taken from Panda. On this determination, the Court held Panda “not guilty” and acquitted him from the charges in its judgment delivered on 9.2.2012. Neither the State nor the complainant has preferred any appeal against the judgment.

But now when Panda is going to retire from his job on reaching the age of superannuation, and his suspension period needs regularization, the health directorate is eager to subject him to disciplinary proceedings for the same “crime” with retrospective effect from 5.5.1995!

The man had not committed any crime. He had helped the son of a colleague with a sum of Rs.30/-only at the time of his need. The man he had helped betrayed him by implicating him in a false vigilance case. This treachery was bare in course of hearing of the case and the court, in recognizing the reality, declared him “not Guilty of the offense” he was charged with and rewarded his humanitarianism by acquitting of all charges.

Yet, bureaucratic barbarism is set to shatter his retired life. If bureaucracy is not restrained from its design to clamp disciplinary proceedings on him for the offense he has not committed, it would be impossible for him to get his pension and other retirement benefits.

One of my readers from Dhenkanal who belongs to Bhapur, the village of my close relation late lamented Hadibandhu Pattanayak, which is adjacent to Koilipingi, the village of Panda, had sent me a letter depicting a detail picture of Panda’s case. I have verified the veracity of what he has informed me. This report is based on that verification and I am sure, unless political leadership intervenes, the innocent poor man is going to perish in his post retirement life under heartless barbarism of bureaucracy.

Will the Health Minister please intervene?

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Swindlers of the Samaja funds stay safe by framing up Braja Bhai

Posted on April 20, 2013 by Subhas Chandra Pattanayak

Sting operation was about to expose Manubhai Patel, but the ex-GM had saved him

Subhas Chandra Pattanayak

A Cuttack Court failed to use its judicial wisdom to grant bail to Braja Bhai, presently in judicial custody in a motivated police case, too dazzled as it was by parade of a different episode in which he was framed up, necessitating the Supreme Court’s grace for granting of bail. But, exclusive information under our possession makes it clear to us that in that case too, he was wrongfully implicated. The real culprits – Manubhai Patel, Manorama Mohapatra and Satya Paul et al – who had swindled the funds of the Samaja, have stayed safe till date, because a retired IAS officer Dandanirodh Mishra, similar to the one presently in occupation of GM post in the paper, had then used his influence in administration to frame up Braja Bhai in order to save the swindlers.

Mishra has reminded Manubhai in a caustic communication of how the three of them are under “Democle’s Sword” with Braja Bhai having made his statement in the misappropriation case pending against him and how embarrassing it would be to the three of them when the process of investigation would eventually end. “(It) would be a matter of serious discussion in the State, to your embarrassment and the embarrassment of the Board of Management, especially when the process of investigation pertaining to misappropriation of Rs.97.00 lakhs from the Samaja account is yet to be completed, with Democle’s Sword hanging on you, on Smt. Manorama Mohapatra and Shri Satya Paul as per statement of Braja Bhai”, he has told Maubhai Patel.

“Had I not taken the right step at the right time, I am afraid, now you would have been in jail instead of Sri Braja Bhai”. This is how ex-general manager of The Samaja, Dandanirodh Mishra recapitulated his role in a letter to Manubhai Patel, the then chief of Servants of the People Society (SoPS) on 25.07.2007.

He had even saved Patel from being caught in sting cam while bartering away independence of the Samaja to Chief Minister Naveen Patnaik against Rs.50.00 lakhs of slush money on 15.11.2006.

Patel, as President of SoPS that has kept Orissa’s premier daily – the ‘Samaja’ – in capture, had pledged publicity support to Chief Minister Naveen Patnaik against a sum of Rs. 50 lakhs, through a mediator he was relying upon, says a reliable sourse.

When he was proceeding to Puri on the appointed day to receive the slush money in person, Mishra, having gotten a whisper about sting cameras waiting for the transaction to take place., had saved Patel from the sure-to-occur exposure by warning both him and the CM and by arranging a talk between both of them on the road over the phone.

“You are aware that I had saved you from embarrassment, humiliation and ignominy by requesting the Chief minister to have a telephonic discussion with you when you were rushing to Puri on 15th November 2006 to collect a sum of Rs.50.00 lakhs as promised to you over telephone by somebody (whom you assumed to be the Chief Minister) without meeting the Chief Minister as per the scheduled programme”, Sri Mishra had later written to Patel while leaving the organization. It clearly indicates that a program was scheduled for transaction of the slush money on November 15, 2007.

From a document signed by Mishra, it transpires that he, as the GM of the Samaja, had “unearthed misappropriation of Rs.97,08,500.00 from the accounts of the Samaja”. And had “taken action” against Braja bhai and others for the same.

But that, Braja bhai was framed up to keep the real culprit under cover, is clear from what Mishra has told Patel in his letter No. 253/GM/2007 dated 25.07.2007. In this letter, he has told Patel, “Had I not saved you, instead of you driving out Braja Bhai from life membership by invoking the emergency power under the provision of the constitution of the SoPS as per my suggestion, you would have been removed by Braja Bhai with sufficient adverse evidences against you”.

So it is clear that Mishra had suggested Patel to dismiss Braja Bhai from SoPS by invoking emergency powers of the President. With this confession of Mishra, it is also clear that he had willfully implicated Braja Bhai in the misappropriation case to save the skin of Manubhai and his two other partners in the crime, namely Manorama Mohapatra and Satya Paul.

And, therefore, to us it is clear that Braja Bhai has not committed the misappropriation as alleged. A highlander by birth, born in Mayurbhanj, he is by nature a simple man, too proud to commit crimes like misappropriation of funds of the paper he had given a new birth to. Employees gratefully remember how he had spent days and nights to help some of them get deadicted. Employees gratefully remember how he had for the first time given them refreshment environment in honor of their human rights. He is a man, who, employees believe, cannot misappropriate the funds of the Samaja he is so devoted to.

Onus lies on the management of the Samaja and the police to prove their charges against Braja Bhai; but for so many years they have been limping and the false charges are continuing to harass the man willfully framed up by the stooges of the real culprits, as Dandanirodh’s letter to Manubhai Patel reveals.

Patel makes SoPS a sanctuary of retired rouges

When Patel has recaptured SoPS by way of a forged election, which according to the District Judge of Cuttack in F.A.O. No 113 of 2012, “appears to have no prima-facie sanction of the Constitution of SoPS”, a retired IAS officer S.C.Mantry has been used as GM to file cases against Braja Bhai.

It seems, he has a history of using retired rogues from IAS cadre to conduct illegal operations in the Samaja, specifically in prosecuting Braja Bhai; because, prior to Mantry, as confessed by retired IAS officer Dandanirodh Mishra, he was also used by Patel to put Braja Bhai behind the bars.

The confession of Mishra has manifested in his parting letter to Manubhai Patel when he has told him, “had I not taken the right step at the right time, I am afraid, now you would have been in jail instead of Sri Braja Bhai”. He has admitted that he had taken the so-called “right step at the right time” to send Braja Bhai into the judicial custody in order only to safeguard the “prestige and safety” of Manubhai Patel.

Another retired IAS officer – K.C.Mahapatra – was also planted by Manubhai to exploit the Samaja and to serve his personal interests at the cost of the paper, Mishra has said.

In Para 6 of his parting letter, he has narrated how Manubhai had taken Mahapatra as his adviser “with authority that he shall render advice and report on any issue relating to the business of SoPS in Orissa in particular reference to the Samaja”. Mahapatra was given all the powers to intervene in every matter of the paper including editorial policies and business processes. And the Samaja was to bear the burden of his personal expenses and to look after his comforts. But, all this was designed to help Mahapatra use the influence of the Samaja for personal business in which Manubhai has his share. “As Shri Mahapatra is constructing a Hotel near Rasulgarh of Bhubaneswar, his appointment was an award to him at the expenses of the Samaja in exchange of his service in the game-plan to expedite my oust from the organization”, Mishra has noted.

Dubious board of advisers

Now a pack of retired fellows from various wings of civil services have been appointed as advisers of the Samaja. These fellows have neither any experience nor any expertise in journalism.

Senior journalist Prasanta Patnaik has challenged them in social media like the facebook to reveal as to what sort of function they are performing in the paper and why have they accepted the appointment as advisers when they know they have no journalistic contributions to make and nowhere in newspaper establishments such advisers are appointed and provided for in either wage boards or Press Commission reports.

To us, the nefarious design is contrived to subjugate journalistic wisdom to idiocrasies of non-journalists.

“Remove Braja Bhai by hook or by crook”

That Patel has the uncommon knack for using retired IAS and IPS officers to defend himself in difficult situations and to offend and harass whomsoever he feels to be disadvantageous to his personal ambitions is well on records by confession of Dandanirodh Mishra, whom he had used to victimize Braja Bhai.

Dandanirodh was recruited by Patel for the post of GM of the Samaja and used by him to remove Braja Bhai from position and then was pushed into a situation where there was no way for him than resigning.

He has confessed this in the following term in his parting letter addressed to Manubhai: “I think, the sole purpose for which you brought me to the organization – to remove Braja Bhai by hook or by crook – has already been achieved and you do not require me any further”.

The fellows now basking under epithets like advisors may gain by going through the experience of Dandanirodh Mishra.

Truth peeps out

Mishra’s parting letter is relevant in many respects.

He had unearthed a misappropriation amounting to Rs. 97, 08,500.00 from the accounts of the Samaja. Out of this amount, a sum of Rs. 47, 08,500.00 was misappropriated by Sri Satya Paul, life member and close associate of Manubhai Patel. Mishra says that he was “pressurized not to take any action against Shri Satya Paul in the misappropriation of a sum of Rs. 47,08,500.00” even though the misappropriation case was instituted on the FIR lodged by him.

Manubhai’s readiness to pledge support of the Samaja to chief minister Naveen Patnaik for Rs. 50.00 lakhs added to the amount allegedly misappropriated by Satya Paul makes out the total sum of 97,08,500.00, which, according to Mishra’s FIR was misappropriated from the accounts of the Samaja.

Was Manubhai the man who misappropriated the sum of Rs. 50.00 lakhs from the Samaja and on unearthing of the same, had tried to organize the said amount from slush funds that Naveen Patnaik was handling, in order to set the records of the Samaja funds right?

Mishra has not told of that. But he has revealed in no uncertain terms that after the FIR was lodged by him, he was “called twice to Delhi to meet them (Shri I. K. Gujral and Justice R. Sachar – the trustees) in the residence of Shri I. K. Gujral (former Prime Minister of India) to explain everything pertaining to the misappropriation of Rs.97,08,500.00” when in those meetings, Manubhai along with Shri P. M. Mehta, Shri Omkar Chand, Shri Ranjit Singh and Shri Satya Paul were also remaining present.

“A lot of pressure was put on me to release a sum of Rs. 75.00 lakhs approximately in favor of M/s Poddar Global Ltd as per their claim”, Mishra has said.

Police/CBI investigation is necessary

It needs police /CBI investigation to ascertain if the misappropriated money of the Samaja, at least the sum of Rs.50.00 lakhs for which needle of suspicion points to Manubhai, was to be adjusted from that payment. Such investigation may gain from analyzing as to why Dandaniraodh has told Manubhai that he would have been in jail instead of Braja Bhai had he not saved him and why he feels that Democle’s sword is hanging on Manubhai, Manorama Mohapatra and Satya Paul linking the same to Braja bhai’s statement in course of investigation.

Investigation is also required on whether, as revealed by Dandanirodh Mishra, on 15 November 2006, Manubhai Patel was to receive Rs. 50.00 lakhs clandestinely from Chief Minister Naveen Patnaik, which was abandoned in fear of sting cameras and if that “programme” was “scheduled”, for what purpose the CM was to give him that money.

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The Samaja tangle: Trade Union leaders framed up in cooked up cases: State a silent spectator!

Posted on April 15, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak
The President of Utkalmani Newspaper Employees Association and sub-editor of Utkalmani Gopabandhu Das’ great gift to Orissa, the Samaja, Sri Devi Prasanna Nayak is in judicial custody since 26 March 2013 apparently as a lady sub-editor namely Mamata Bisoi alleged that he along with others outraged her modesty.

From the order of S.D.J.M. (Sadar), Cuttack, before whom Devi and the co-accused Braja Bhai were produced the same day, it transpires that bail was rejected because Mamata has given a statement to the effect that “getting information, when she went to the spot”, the accused persons “pulled her Saree, caught hold of her, squeezed her breast and assaulted her, for which she sustained severe injuries on her head and her left of body”.

To the Magistrate, “the above facts and gravity of the alleged offence” were such that he was “not inclined to release the accused persons on bail”.

Was she really tortured by Devi and the co-accused as she has stated?

Our investigation convinces us that she has given false statements to misuse the judicial system against the accused persons for reasons yet to manifest.

If pictures can say, they say emphatically that Mamata’s statement is nothing but concocted.

IMG_1055If getting the information she had come to the “spot”, the spot was full of police personnel and members of the Samaja staff. Eye witnesses say, she had come with her brother and another woman.

Let us look at a few other pictures:

IMG_1049

The police was in discussion with Kishore Tripathy, Devi Pr. Nayak, Niranjan Rath, Bhimsen Jadav etc.

IMG_1060

As Devi was in discussion with the police along with others, Mamata was having talks with police and someone known as her brother at the Samaja entrance.

IMG_1066

She was seen giving some instructions to someone whom she says to be her brother.

IMG_1072

At that time, police was discussing with Braja Bhai.

IMG_1081

Soon thereafter, Police wanted Devi and Braja bhai to come with them to the DCP for further discussion on how to solve the Samaja tangle.

IMG_1137

And, then took him and Devi to the DCP where they were declared arrested.

And, where and when, despite their heavy presence, they “pulled her saree, caught hold of her, squeezed her breast, assaulted her thereby causing her head injury and injury on her left, as alleged by her?

We have talked to many persons present on the spot and all of them say that Mamata has given false statements. Devi is a person of good moral character and neither he nor Braja Bhai nor anybody else has misbehaved with her as alleged.

Taking advantage of the lacuna in judicial system that allows magistrates to refuse bail without examining if there is prima facie reason to disbelieve the accusations, the police have picked up the General Secretary of the Association Sri Subash Chandra Singh on April 13 reportedly on the same ground and hounding some other leaders of the trade union too.

The Trade Union that Devi and Subash lead has been fighting against unfair labor practices, which the Samaja management has been perpetrating against the employees in blatant and criminal contravention of the Industrial Standing Orders Act.. There are many such employees who have been regularly working for the paper for decades without being regularized and sans payment in time scale and the Union has raised industrial disputes against such illegalities. Therefore the occupiers of the Samaja want Devi and his team get out of the scope for fighting for the employees and therefore, they have subjected Devi and his friends to cooked up cases. Earlier, they had subjected Devi to a domestic enquiry on concocted charges and had instructed the security personnel not to allow him entry into the Samaja office to keep him absent from enquiry! When thus Devi was debarred from defending himself, Mamata was presented as the management witness and from what she told the enquiry officer, it was clear that she holds either personal grudge against Devi or was eager to oblige prosecutors of Devi by vomiting their versions against him. So, there is reason to believe that her statement to Police and later to a magistrate is prompted and vitiated with motive and antagonism.

If the Government is not irresponsible, it should review the case against Devi and others and correct the wrong done to them by ensuring that false prosecution is not supported by the State.

It is time for the State also to save the Samaja from fraudsters. The fellows that have kept the paper in their capture have swindled crores of rupees from the revenue of the paper as figured even in the report of the Enquiry Committee headed by Justice Arijit Pashayat. The State Government should call for this report and initiate necessary action as fraud is being played upon the people of Orissa – the real financiers of the paper – by the Samaja occupiers. It would be wrong if the State stays a silent spectator.

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SASWAT PATTANAYAK LAUNCHED HIS FATHER’S NEW BOOK: ANIMADVERSION

Posted on April 13, 2013 by Ajaya K Mohapatra

Ajay Kumar Mohapatra

animadversion Book Cover

New York based media scholar Saswat Pattanayak launched ‘Animadversion’ , a new book of his father, eminent Journalist Subhas Chandra Pattanayak, in a solemn ceremony on April 8 in the Red Cross Bhawan auditorium at Bhubaneswar. Prof. Biswaranjan was in the chair.

the book unveiled by prof. ajit kumar mohanty

Opening the book, priced Rs.1000/- published by Santosh Publications of Bharat Bharati group of Cuttack, former Professor of J.N.U. New Delhi, Prof. Ajit Kumar Mohanty commended it as a “priceless piece of journalistic literature” that helps living history by covering milestone moments of contemporary India, with specific focus on matters relating to Orissa.

To Prof. Jayant Kumar Biswal, Chief Speaker of the event, the book is a precious piece of principled journalism that unveils unseen scenarios, which affect the society.

Prof J.Biswal speaking on the book

When it throws new light on authors of the Charyagitis (Bauddha Gan O Doha) establishing the fact that by birth they belong only to Orissa, thereby demolishing the Bengali claim over them, as in the case also of poet Jay Dev, the book has exposed the monstrous mischief and treachery the politicians in power and the mandarins in office have played against the people, he said. He lauded the author for his commitment to the people’s right to be informed as evidenced in depiction of research based factual analysis in all the articles compiled in Animadversion.

lokarpana

As a token of commencement of the book’s circulation (Lokarpana), Biswajit Mohanty, a pioneer in global-utility-education-movement in Orissa received the book from Saswat Pattanayak on the dais. Mohanty is a grand son of late Madhu Mohanty,the most popular columnist of his time in Orissa.

Biswajit after receiving the book

On receiving the book in ‘Lokarpana’, Biswajit informed the audience how he had come across an exposure on a well known person of the State in Subhas babu’s writings much ahead of the CBI taking the same person to books for the same offense. He welcomed the publication of Animadversion as the book would help non-netizen persons to know the author’s online contributions to the cause of the country.

saswat addresses the audience

In presenting the book, Saswat, associated with orissamatters.com from where the articles compiled in Animadversion are picked up, described the book as “inimitably inspiring and unquestionably valuable, both in terms of content and, in its approach”.

SCP on his book

Author Subhas Chandra Pattanayak recalled how orissamatters.com that gave birth to a new era of Internet journalism in Orissa was established. When scope for standing truthfully with the people was “shrinking” around 1999, his son had inspired him into the new generation journalism, leading to creation of orissamatters.com, he said. “This new platform gave me enough independence to write as prudence entailed to be written in public interest. For every piece of my posting in orissamatters.com, I have searched for facts to the best of my ability and have used my long experience and professional wisdom to help people know what the agents of plutocracy have always wanted to keep buried under the carpet of mediacracy” informed Sri Pattanayak.

prof. biswaranjan

In his Presidential speech, Prof. Biswaranjan praised the author for his unperturbed role as a people’s sentinel even in the environment prevalent in India, where the media is increasingly getting more infested with devotion to rich man’s rule than the common man’s sovereignty.

Prof. Major Kumudini Barai proposed vote of thanks when Amrita Mishra had welcomed the guests.

Media consultant Pabitra Maharatha coordinated the event.

Filed under: Animadversion, art & culture, history, news, orissa, politics, Uncategorized | Tagged: , , , , , , , | Leave a Comment »

Illicit occupiers of the Samaja use a woman against workers union President in cooked up case

Posted on March 28, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak
In Orissa’s shameful and long history of police atrocity against active media persons, another black chapter has been added on March 26, 2013.

President of Utkalmani Newspaper Employees Association Sri Devi Prasanna Nayak and eminent social worker Braja Bhai, who, as Servants of the People Society’s man in charge of the Samaja, had lifted the paper to top stature, have been arrested by Cuttack police after the hijackers were sure to lose their illicit grip over the premier daily of Orissa.

Police knows details of how the newspaper has been perishing under internecine quarrels amongst life members of the SoPS. The present gang of Samaja hijackers has been facing various cases under alleged charges of fraud, forgery, embezzlement and various other heinous crimes including severe moral turpitude.

As Sri Nayak, has refused to dance to the tune of the hooligans that have captured the paper, he has been arbitrarily transferred and simultaneously suspended and dismissed by the very same gang whose incumbency, according to a decision of the District Judge, Cuttack delivered on 21.03.2013, “appears to have no prima facie sanction of the Constitution of SoPS”. In view of this clear and unambiguous decision of the District Judge, all administrative actions of the occupiers of the Samaja are to be read as illegal orders. So, the lawful incumbent Vice President of SoPS Sri K.C.Tripathy, who is officiating as President, has nullified all illegal orders of the wrongful occupiers of the Samaja passed against Sri Nayak and has promoted him to the rank of senior subeditor with instruction to join the job immediately. Sri Tripathy has also reinstated Braja Bhai in his previous status with all corresponding powers that he was enjoying previously with emphasis on his resuming his office with immediate effect.

That, Sri Nayak was harassed by vested interest persons in occupation of the Samaja was located by the Conciliation officer in course of his inquiry, in consequence whereof, his case has been recommended for adjudication. It was a lady subeditor who had given deposition against Nayak before a stage-managed domestic inquiry to the extent of saying that there was neither any association of the employees nor any reality in Nayak being its President. To all employees who know the truth, it was professional envy in part and influence of the paper’s controversial printer-publisher Niranjan Rath on her in particular that had made her give the false and misleading deposition before the inquiry officer who was perceived as a puppet inquiry officer imported from Rath’s own place of living. Rath is a member of SoPS on whom the Inquiry Commission headed by Justice Arijit Pasayat has observations that makes one assume that the commission was not very far from saying that he is man of dubious moral standard.

In the meantime, officiating president of SoPS, Sri K.C.Tripathy has obtained a verdict from a competent Civil Court to the extent that his case against his rival group in the SoPS is “a foolproof case” and taking over his position by his rival group “appears to be prima facie without jurisdiction”, which establishes that all the actions of the occupiers of the Samaja are without jurisdiction. Hence, Tripathy’s order nullifying the orders of the occupiers of the Samaja against Sri Nayak and other employees of the paper is just and proper; so also his orders promoting Nayak to the rank of senior subeditor.

In this peculiar situation, even though his case against illegal termination has earned competent recommendation for adjudication, Nayak had been to the Samaja Office to join his job without any prejudice to his dispute. The illicit occupiers have framed him up in a false case by using a police officer since long in their pocket. And, the lady subeditor who has discernible antagonism with Sri Nayak has raised some such allegations against Sri Nayak and Braja Bhai that the S.D.J.M. (S), Cuttack had to reject their bail application with a note that the alleged offense was grave.

What the lady subeditor has said? From the order sheet it transpires that both Braja Bhai and Sri Nayak “pulled her saree, caught hold of her, squeezed her breast and assaulted her, for which she sustained severe injuries on her head and her left of body”. The magistrate has not heard the accused persons and hence, whether the accusation is correct or concocted is yet to be known. But, if any such misbehavior took place, it must have happened in presence of others as on “getting information, when she went to the spot”, the accused persons had “pulled her saree, caught hold of her, squeezed her breast and assaulted her”.

From whom she got information and why she alone “went to the spot” and what was “the spot”? The order sheet is silent about it when the case also involved the issue of fundamental right to freedom of Sri Nayak and Braja Bhai.

The order sheet mentions that “although a case u/ss 341/323/447/294/506/34 IPC was registered, the accused persons were forwarded to the court u/ss 341/323/294/354/506/447/34 IPC”. Was this difference between the two positions an act of normal finding or deliberate coining? The court has not tried to find that out though the bail applications stands on the question of fundamental right to freedom and liberty. The basis of the case is the written report of the General Manager of the Samaja, as the court has noted. In the said report, there is no mention that Braja bhai and Sri Nayak “pulled her saree, caught hold of her, squeezed her breast”, From the body of the “written report” it transpires that after the report was written, a sentence i.e. “Mamata Bisoi, sub Editor has been assaulted severely”. Why this sentence was not in the originally written report and why was it inserted? And, thus visibly clumsily? Was it an act of after-thought to falsely implicate Braja Bhai and Nayak in a offense that they have never committed? When the issue involved fundamental right to freedom and liberty, was it not proper to study this aspect?

On perusal of the order sheet that has denied bail to Braja Bhai and Sri Nayak, I find that the magistrate has not given a complete meaning to the sentence that follows the sentence “Getting information, when she went to the spot, the present accused persons “pulled her saree, caught hold of her, squeezed her breast and assaulted her, for which she sustained severe injuries on her head and her left of body”. The said meaningless sentence is “her the medical examination”. Why the magistrate has noted such a meaningless sentence? Was it written in a hurry?

In matter of issues involving fundamental right to freedom and liberty, even if the issue is raised by an accused, no decision should be taken in a hurry. And orders of rejection of bail should evolve on ascertainment that the accusation is prima facie free of possible doubts, antagonism and motive.

Without any prejudice to the case in question, we have reason to believe that Braja Bhai and Devi Prasanna Nayak have been subjected to a cooked up case where a lady subeditor with history of antagonism against Sri Nayak has been used by illicit occupiers of the Samaja with ulterior motive.

Filed under: actionscript, Animadversion, Editorials, judiciary, law and order, media, news, orissa, Uncategorized | Tagged: , | Leave a Comment »

Shah should keep his mouth shut

Posted on March 5, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak
Justice M.B.Shah heading a commission of inquiry is to probe into illegal mining in Orissa and several other States and to submit his report to the union government within 18 months of commencement of its first sitting as per terms of reference.

The ‘Terms of Reference’ need the Commission to do the following jobs:

i. to inquire into and determine the nature and extent of mining and trade and transportation, done illegally or without lawful authority, of iron ore and manganese ore, and the losses resulting there from; and to identify, as far as possible, the persons, firms, companies and others that are engaged in such mining, trade and transportation of iron ore and manganese ore, done illegally or without lawful authority;

ii. to inquire into and determine the extent to which the management,regulatory and monitoring systems have failed to deter, prevent, detect and punish offences relating to mining, storage, transportation, trade and export of such ore, done illegally or without lawful authority, and the persons
responsible for the same;

iii. to inquire into the tampering of official records, including records relating to land and boundaries, to facilitate illegal mining and to identify, as far as possible, the persons responsible for such tampering; and

iv. to inquire into the overall impact of such mining, trade, transportation and export, done illegally or without lawful authority, in terms of destruction of forest wealth, damage to the environment, prejudice to livelihood and other rights of tribal people, forest dwellers and other persons in the mined areas,and the financial losses caused to the Central and State Governments.

Nowhere the ‘Term of Reference’ has given any power to Justice Shah or any member of his team to vomit speculations in the public before TV cameras or while entertaining any media person, about whether or not political leaders are connected with the loot. He or any member of the Commission has, similarly, no right to say that bureaucracy is involved with illegal mining.

The Terms of Reference asks him to carry out many such jobs that include the responsibility to expose the persons responsible for illegalities to be unveiled.

Sadly, Justice Shah has started giving the impression that politicians, specifically the gang in occupation of power in Orissa is fit for a clean chit.

It would be proper for him to keep his mouth shut before coming to a final conclusion through investigation and submission of the ‘Report of Inquiry’ as his premature vomiting before the Press is likely to prejudice the investigating staff.

Filed under: actionscript, administration, Animadversion, Editorials, judiciary, law and order, news, orissa, politics, Uncategorized | Tagged: , , , | 1 Comment »

Attempts to foil Health Minister’s assurance; only the rich to get safe blood!

Posted on March 5, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

In reply to an adjournment motion moved by Opposition Chief Whip Prasad Harichandan on 1st September 2012, Health Minister Dr. Damodar Raut had assured that Orissa would adopt NAT PCR system to ensure appropriate screening of blood to avoid AIDS from transfusion.

A boy of only 17 months was found infected with AIDS by accepting transfusion of blood obtained from Muncipal Hospital Blood Bank, Bhubaneswar. The news was broke by orissamatters.com in 8 July 2012 and Sri Harichndan had very ably brought the matter to the attention of the Assembly.

Dr. Raut in his reply noted that people of Orissa have made monumental mark in blood donation and from 126076 units in 2000; blood collection has reached 307022 units in 2011. People’s eagerness to donate blood to save the lives of fellow citizens needs be equally honored by the government’s readiness to supply safe blood to needing patients through proper screening. Therefore, Dr. Raut said, in a meeting on 22 August 2012 the Government had consulted all the Blood Bank Directors and Officers in a conference and had taken a decision to jettison the rapid test method of screening and adopt ELISA method to screen out AIDS virus in the Blood Banks.

As Harichandan pointed out that ELISA is not the latest technology to screen AIDS virus, but NAT PCR is, the Minister had appreciated the position and had assured to adopt the latest method; for nothing is more valuable than human life and moreover, as patients’ confidence in blood banks would diminish if AIDS virus escapes the deficient screening. He however had declared that the method being costly, the State would start with four major blood banks: one each attached to the three Government Medical Colleges and the Capital Hospital Blood Bank. The facility would be extended to all the Blood Banks of Orissa in course of time, he had assured the Assembly.

The Budget of Health department placed in and awaiting approval of the Assembly has made a token provision for replacement of ELISA with NAT PCR in the aforesaid four Blood Banks.

But, the Finance department has planted a rider that the cost of NAT PCR screening should be collected from the patients. If the rider is not dropped, only the rich will benefit; because the poor patients cannot afford the screening cost.

The present Finance Minister was the Minister of Health when deficient screening through old method of ELISA had infested the seventeen months old child with AIDS and the Orissa High Court had punished the state Government with cash penalty of Rs.3 lakhs for supply of HIV infested blood to the boy without perfect screening. When he is the Finance minister, his department is asking the Health department to impose such a heavy cost on poor patients on accounts of NAT PCR that it will never be possible for them to get pure blood through perfect screening!

Should the poor people have no right to safe blood? Should the latest and the safest NAT PCR screening for which the government in the Health department has put budgetary provisions on the anvil of the Assembly be available only to the rich?

Should the Finance department be allowed to foil the most welcome welfare proposal of the Health department?

Should the Assembly allow its own anxiety for safe blood to patients be steered into benefit of the moneyed men alone?

Filed under: administration, Animadversion, Editorials, Health, news, orissa, politics, Uncategorized | Tagged: , , , , , , , , , , , | 1 Comment »

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