Oath is co-terminus: Orissa Governor in illegal incumbency

Subhas chandra Pattanayak

assemblyThe budget session of Orissa Assembly commenced on the Valentine’s Day with M. C. Bhandare reading out his customary address as Governor of Orissa.

As he started addressing the House, he faced protests from the Opposition that culminated into a boycott.
The boycott by the Congress party proceeded from its protest against the insipid address of the Governor, as to it, that was nothing but vomit of the State Government’s vapid versions, aimed at reducing the House podium to a medium of its political propaganda.

But the BJP boycott was against misuse of the Assembly by Bhandare who has lost his legitimacy to address the Assembly.

Bhandare is discernibly the most controversial Governor the state has ever had. When he has failed to act as expected of a Governor in times of need of democracy, he has made mockery of the role of Chancellor of Universities to the detriment of education and embarrassment of educationists.

However, by not leaving the Raj Bhawan on completion of his term in August 2012, he has belittled the dignity of the post of Governor.

He has invoked Art.156 (4) of the Constitution of India which is a proviso to Clause 3 of the Article. It allows the Governor to “continue to hold office until his successor enters upon his office”. Bhandari is not entitled to take advantage of this proviso.

From the scheme of this proviso, it is clear that a person may continue in the office of the Governor till his “successor” enters upon his office. This means, when somebody is appointed to become the “successor”, but under certain circumstances he/she is taking time to join, the outgoing person shall continue to hold office during that transit period only. Otherwise, the Governor is to relinquish office at the end of stipulated term of five years, by handing over the charge to the Chief Justice of the State, from whom he/she had taken the oath of office under Art.159.

Both the Articles read together make it unambiguously clear that the Oath of Office a Governor is bound to be administered with at the time joining, is co-terminus with the term of his/her tenure of five years.

It is shocking that Bhandare is continuing as Governor sans a valid oath of office. And, the government of Naveen Patnaik, known for inability to understand the laws and ability to violate the laws, has allowed him to address the Assembly on commencement of its budget session.

Sad, the Legislative Assembly has been used by the State government as a slaughter house of Law relating to the Governor by allowing Bhandare to address it as the Governor when clearly he is in illegal incumbency.

It is Time, Congress Should Change the Prime Minister

Subhas Chandra Pattanayak

It is good that the people of Goa, Punjab and Uttar Pradesh have thrown the party of Sonia family factotums into the dustbin of democracy, giving it also a severe test of public wrath at Uttarakhand.

But, it is bad that in all these provinces, communal factors have gained.

If non-muslim communalism has gained in Goa, Punjab and Uttarakhand, in Uttar Pradesh pro-muslim communalism has given the strength to the winner Samajvadi Party.

Manipur, the only state where Congress has won, is in a continuous confused condition. Communal conflicts between Hindu Meities of Manipur valley and the Christian Tribes of its hill areas has not only paralyzed political thinking power of the people, but also, by contributing to emergence of incendiary ethnic insurgency, has helped political mafia to rise high through criminalization of insurgent groups – 24 active groups as per ‘Insurgency or Ethnic Conflict‘ by S.C.Sharma, Magnum, 2000 (page 217-18) , that help the mafia grab power by fetching their support in drug trafficking and contract orders. As such, Manipur has become a state where politicians in power have metamorphosed from “penniless to millionaires”, as a media has captioned. In such a state, the Congress victory looks not like a political victory, but like a victory of corruption, communalization, criminalization and oppression.

So, in reality, communalism has gained ground in the Assembly elections in five provinces. Democracy, as provided for in the Constitution of India, has failed.

The Assembly poll results portend that, when the country goes to the general election for Parliament, the Congress may not be able to fetch a fresh mandate.

And, that would be most unfortunate for India.

With the mainstream Communists in disarray and the real left activists yet not strong enough to occupy power, the Congress is the only platform to save India from communalists, religious revivalists, regional chauvinists, caste supremacists, caste addicts, societal separatists and economic parasites.

But with agents of imperialism, with protectors of the black-money stashed in foreign banks, with collaborators of commission agents, with factotums of Nehru clan attired as politicians, the Congress will never gain back people’s confidence.

Instead of rallying around Rahul despite the debacle precipitated by him, it would be proper for Congress to correct the wrongs it has been rejected for.

It can begin with by changing the Prime Minister who primarily is responsible for all that has destroyed India’s national resolve for socialism and distanced the Congress from the people.

Dismissal of Former IIC of Pipili PS is a Classic Instance of How Naveen is Hoodwinking the People

Subhas Chandra Pattanayak

The Director General of Orissa Police has dismissed the former Inspector-In-Charge of Pipili Police Station, Amulya Champatiray, for serious dereliction in duty that has endangered the life of a Dalit girl and ruined her family. The order is being used to hoodwink the people.

The guilt of Champatiray is discernible to naked eyes. So, people are happy over his dismissal. But the dismissal is discernibly farcical, because it is not legal and cannot survive the test of law.

Champatiray had protected the alleged rapists of Pipili by not registering FIR on receipt of the allegation of gang rape and of attempt to murder that has sent the victim into coma.

So, he deserves the severest of punishment and deserves no sympathy.

But, with the Chief Minister Naveen Patnaik as the Police (Home) Minister, his dismissal is crafted so cunningly that despite his offenses, he shall get back his service by challenging the order of dismissal in appropriate Court of law; because no Court will allow rape of the Constitution by any Governmental authority. Then, the present mass demand for action against him shall stand defeated.

Let us see how.

The DGP has dismissed Champatiray under Article 311 (2) (b) of the Constitution of India. But in doing so, the DGP has gone against this provision.

Willfully?

If yes, then certainly under instruction of the Chief Minister, for it is he, who was eager to hoodwink the people in Panchayat polls, in this matter.

Let us take a cursory look at the scenario before looking at this constitutional provision.

The media exposed the Pipili felony and then only the shocked family members of the victim could resurrect their shattered courage to disclose the names of the rapists, pointing out how the police has protected them because of their area MLA Pradip Maharathi.

Maharathi tried to intimidate the media, threatening media persons for having relied upon the victim’s family members to link his name to the crime.

This threat instantly ignited an unprecedented public rallying with the media, spearheaded by Media Unity for Freedom of Press (MUFP).

Maharathi had to resign from ministership and to beg apology to media, as people of Orissa, through non-BJD political parties, civil societies, NGOs, trade unions et al had woke up to form, for the first time in the history of Orissa, a platform of solidarity, which they named ‘Orissa Gana Samaj’ against the unprecedented misrule.

This mass awakening fidgeted the CM, specifically as he was to face the people in Panchayat electioneering, like never before.

He was eager to show that the fellows involved with the felony were punished.

Champatiray was transferred from the Pipili Police Station and as that was not enough to assuage public wrath, was put under suspension.

Maharathi was asked to resign and his resignation was accepted, keeping the public in dark about the reason of his resignation while allowing him to boast of having taken moral responsibility for the wrong done to the dalit girl in his constituency.

The layer of protection thus shattered, the gang-rapists, whom the police had known from the beginning, were arrested one after another.

Added to the judicial inquiry invented earlier to hoodwink the people, Maharathi’s resignation, arrest of the rapists and Champatiray’s suspension should have pain-killing effect on mass psyche, the Chief Minister must have thought. But pain in mass mind was becoming more acute.

It was urgent for the CM to dazzle the Panchayat voters with a blaze of severe action against officials but for whose protection the criminals could never have escaped the law for so long a time.

Therefore, the government has transferred Puri district Superintendent of Police Amitendranath Sinha and dismissed the then Pipili IIC, Champatiray from service.

No better cover could have been invented to hide the misrule as exposed in Pipili gang rape case. The CM is now equipped with new arsenals to save himself from public wrath in Pipili context. His mouthpieces have already started saying that Naveen’s administration is so clean that provisions of instant dismissal under Article 311 (2) (b) have, for the first time, been used against an IIC of Police for dereliction in duty. A pro-Naveen TV channel was used last evening for this purpose where majority of time was devoted to bit the BJD drums that by dismissing Champatiray the message has been given to salaried employees that whosoever of them neglects implementation of laws would not be spared in the government that Naveen runs.

But the Government knows, so also Champatiray, that the dismissal order is too week an order to survive a legal challenge and by challenging it in an appropriate Court, without prejudice to any other action that future may think prudent, Champatiray will certainly be reinstated in service, as the said article used in his dismissal is misused.

Let us see what is provided for under this Article.

Article 311

(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him
and given a reasonable opportunity of being heard in respect of those charges.

Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply—

(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry.

So, the stress of this provision is irrevocably concentrated on the opportunity of self-defense to be given to the officer in course of inquiry on the anvil of dismissal.

Avoidance of inquiry is not permissible except where “it is not reasonably practicable to hold such inquiry”.

Champatiray has not absconded and was never beyond the reach of the police for inquiry. It was never therefore “not reasonably practicable to hold the inquiry” against him. The DGP has not recorded in writing the reason of why it was “not reasonable practicable” to hold the inquiry.

It is noteworthy that simultaneously with dismissal of Champatiray, the Puri SP has been transferred on the same ground of dereliction of duty in Piplili gang rape context. So it is confirmed by the Government that Champatiray was not alone in protecting the criminals. Had there been the inquiry as contemplated in the Constitutional provision cited supra, the SP’s role in keeping the culprits out of police reach could have come to light. Then the IPS officer must have been forced to face the charges of protecting the criminals and for whatever damage has been done to the gang rape victim. And, it would have embarrassed the IPS circle. Probably this is why the inquiry needed under Article 311 (2) (b) of the constitution has been ignored.

This willful conduct of the DGP of Orissa in keeping an IPS officer of national cadre safe from prosecution while dismissing a lower officer of State cadre is a game that the government should have foiled. But,no such step is taken.

It is clear, therefore, that the constitution is raped in dismissing Champatiray and knowingly so.

No court shall approve this rape of Indian Constitution by the DGP of Orissa.

And, by publicly endorsing the action of the DGP in this matter, the executive government including the Home Secretary and the Chief Secretary as well as the political government headed by Naveen Patnaik, and Naveen Patnaik himself, have individually and collectively committed the rape on the Constitution of India having full knowledge of the mischief they have resorted to.

In doing this, they have ensured that Champatiray’s stage-managed dismissal would be nullified by the appropriate court in course of time; and therefore, it is not out of context to suspect that the oder of this illegal dismissal might have been passed in connivance with Champatiray himself.

It certainly is a well planned order – because it certainly is not believable that the DGP as well as the functionaries named above have not understood the language of Article 311 (2) (b) of the Constitution – to provide Champatiray with the environment of service-safety that certainly would come to him as and when he challenges the order and therefore, is not meant for punishing the offender; but is contrived to hoodwink the people at the moment when Panchayat elections are a challenge to the Chief Minister.

AMA ODISHA Makes a New Milestone: Commences Cast-Your-Vote Campaign

Subhas Chandra Pattanayak

AMA ODISHA, Orissa’s frontline civil organization, founded by Sambad editor Soumya Ranjan Patnaik, had made the first milestone in social service sector by starting up, sticking to and constantly enhancing blood donation campaign, so essential for saving life in this State that the politico-executive government has reduced to a land of malnutrition. Its story is a success story of humanitarian activities with, I may say, no comparison. Another milestone it has established in matter of the mother-tongue by enkindling unprecedented zeal amongst students and general public for writing fault free Oriya with meticulous care. Remarkable is its consistency in steering these campaigns ahead with devotion.

The new milestone it has now founded is its campaign for conscious casting of votes by all of the voters.


In a unique congregation convened at Sahid Bhawan, Cuttack, on 23 January, the birthday of two most revered icons of patriotism, Veer Surendra Sai and Netaji Subhas Chandra Bose, whom the soil of this magnificent State had given birth to, founder President of Ama Odisha – Editor of Sambad – Soumya Ranjan Patnaik urged upon all of the voters to cast their votes certainly in every election to the body of representatives, as thereby only, Indian democracy can be saved from derailment. About 35 % of the voters are abstaining from casting their votes and these 35 % are those that are educated and informed. As inflow of fresh water into ponds is essential to cleanse out the putrified stock of stagnet water, so also active participation of educated and informed citizens in enfranchisement is essential for cleansing the filth from politics, he argued. He stressed on cent per cent voting in elections and declared that Ama Odisha will untiringly conduct the campaign with utmost commitment. An oath to this effect was administered on all who participated.

We entirely endorse this campaign, though to us, conscious casting of votes without distinctly defined determination to oust the saboteurs of the Preamble of Indian Constitution where was laid down the National Resolve for building the country up on the basis of socialism, from office and to bring in such a government that would transport the country from the present pernicious prison of inequality to the real sovereign reign of political economy of equality, the exercise will be futile.

To us, Indian democracy has been transformed into a plutocracy by its political rulers simply because the most conscious segment of voters are abstaining from voting. Only the conscious citizens know that unless the country is put on the track of economy of equality, it can never be saved from vested interest mafia and whatever little semblance of democracy is still in existence will eventually give way to the nastiest of plutocracies. We are sure, if the abstaining-from-vote citizens, basically belong as they to the educated and informed segment of society, decide to actively participate in vote casting, the traitors, that, despite small numbers of vote casted in their favor, have been running the political governments, will be thrown into the trash of time and a new epoch of equality and patriotism that equality alone generates, will emerge.

Therefore, to us, Ama Odisha’s cast-your-vote campaign is the last hope for revival of democracy and survival of India.

We, with this hope, wish all success to the campaign.

GENDER RESERVATION IS THE GREATEST DANGER TO INDIAN DEMOCRACY

Subhas Chandra Pattanayak

Patriotism has no gender. Concern for fellow beings has no gender. Ability to grasp a public problem has no gender. Ability to speak on issues of public importance has no gender. Debates in public forums have no gender. Parliamentary practices have no gender. Legislation has no gender. Democracy has no gender.

But Indian Parliament is besieged with a Bill that wants the Houses of Representatives to be based on gender.

It is to be noted that ever since we formed our Republic some of the foreign countries, specifically the architects of Baghdad Pact, have always tried to subjugate India. Taking advantage of our gullible voters’ confused support to their planted Gorbachevs, they are now active in driving in deterioration to Indian democracy. The Bill in question that wants to vitiate Indian Parliament with gender reservation is the most dangerous blow from their veiled villainy that makes our democracy punch-drunk like never before. Otherwise collective wisdom would never have allowed the Bill to cross the Rajyasabha.

Denigration of the dignity of the Chair while opposing the Bill by more than half a dozen of State representatives in the Rajyasabha and the Government taking a backtrack in placing it for adoption in the Loksabha is indicative of the fact that the Bill is not at all above controversy.

We have earlier shown on the basis of observations of some of our founding fathers during and beyond debates in the Constituent Assembly as to how our Country is by birth a Country of contradictions. There are a handful of Indians who are beneficiaries of this contradiction and the rest are the victims.

Our Constitution made by the rich on basis of their overwhelming presence in the Constituent Assembly has made India a Country of inequality because of which emancipation for massive majority of Indians has remained a distant dream.

The beneficiaries of inequality, though small in number, have been ruling the country, where the victims, comprising the massive majority, thrive on distress sale of anything they produce and/or possess.

Farmers are distress-selling their paddy, nubile girls are distress-selling their bodies, helpless mothers are distress-selling their babies, electors are distress-selling their votes.

Why the massive majority that such pathetically suffers doesn’t outvote the tormentors? This is because; it is divided into rival groups on basis of reservation.

It is astonishing, but true, that Indians in reserved categories are fighting amongst themselves on sharing job-reservation benefits at the cost of efficiency in administration. This division, as we have discussed on February 28 under the caption ‘How Long Reservation?’ is helping imperialists transforming India into a land of opportunism and with the help of the opportunists, occupying and exploiting Indian markets.

When there is no reprieve from it, the agents of Globalization are now trying to divide the entire Indian population on the issue of gender-reservation in Parliamentary forums.

The Bill in question, claimed as a “historic step forward toward emancipation of Indian womanhood” by the PM on its adoption in the Rajyasabha, is not in reality aimed at emancipation of Indian Women. If that were the real intention, reservation should not have been proposed to be limited to mere 33 percent. Reservation for women should have been proposed to be proportional to their numbers or at least broadly to 5o percent. So emancipation of women is not the purpose of reservation by gender. The purpose is creation of a wedge between men and women in the matter of democracy. It will further weaken democracy.

The agents of globalization are using every possible trick to keep the Country under their grip. One of their tricks is reservation. Reservation doesn’t challenge anybody’s superior position; but it makes the victim of inequality acquiesce into lower position and to ascribe whatsoever benefit comes on the way to the mercy of the architects of reservation. Now this act is designed to affect at least half of India’s population.

Reservation on gender basis will perpetuate reservation on caste basis and reservation being a machination of pampering the deficient against the efficient; our parliamentary forums will have more numbers of deficient persons. In the present environment of politics sans principles, it would be disastrous to our democracy if all beneficiaries of reservation, oblivious of party links, emerge as a class by themselves.

Democracy must be saved from this danger.

On the other hand, we have the experience that politicians have no principle. Lack of political principle and flood of thirst for power has given birth to the most shameless shape of opportunism called coalition politics and contemporary Indian political leaders have no qualms in saying that this is the reality, even though thereby they admit that in the eyes of the people they have no political credibility.

Such fellows, notwithstanding differences in their stands on political economy, have put India to a fresh predicament over the gender reservation Bill. This Bill is a creation of political confusion that the imperialists eager to weaken India have used their yes-men to proceed with.

The political confusion that the Government is bent upon to further push us into, is spelt out in postponement of placing the Bill before the Loksabha. They have no shame in saying that they will place the Bill in the Loksabha after tackling its opponents.

Yes, they have to tackle the opponents of the present Bill, if they will have to pass it in the Loksabha. This is because they cannot change the Bill, as its opponents prefer, after the same is passed in the Rajyasabha. The Bill is a Constitution amendment Bill and after adoption in the Upper House, it has entered into a phase where the Government has no power to tamper with it. So there cannot be any correction from official side on the body of the Bill before it is moved for adoption in the Loksabha. On the other hand, no amendment on it in the Loksabha to suite the Yadavs and Mamata Banerjees and others of their type is permissible as the Bill in its present form has already been passed in the Rajyasabha. In the circumstances, the opponents of the Bill are bound to accept the present form if the Bill will have to be passed in the Loksabha. And it is not possible if they are not tackled.

Is it proper for democracy that a government tackles the opponents of a Bill that aims at infesting Indian Parliament with gender components?

Should a Government be allowed to commit a wrong to justify a wrong?

SPIRIT OF DEMOCRACY IS IN DANGER AT ATHGARH: EC MUST IMMEDIATELY INTERFERE

Subhas Chandra Pattanayak

A section of voters belonging to the Athgarh Assembly Constituency in the District of Cuttack are subjected to a situation where they cannot vote for the candidate of their choice in election 2009. The Returning Officer has virtually preempted their democratic participation by rejecting the nomination papers of BJD candidate Ranendra Pratap Swain on technical ground. But the ground is very flimsy and in fact mischievous enough to render voting right of those citizens inconsequential.

The Returning Officer believes that he is right in rejecting the nomination papers of Sri Swain. He cites election guidelines in support of the action he has taken. The guidelines say that a candidate of a political party shall have to annex the party ticket to the nomination papers. In Swain’s case, at the time of scrutiny on April 6 it was found that only the Xerox copy of his party ticket was annexed, not the original. Hence, his nomination papers were rejected.

This technicality kills the spirit of democracy.

Democracy is a moving political system. It cannot be stymied with misconceived guidelines of the Election Commission or by bureaucratic blunt heads.

The EC is created under the Constitution of India to conduct the elections on which democracy stands.

The right vested in the EC to conduct the election cannot be conducted into denial of conductance of elections in respect of any section of voters in any constituency.

In Athgarh, this denial is discernible.

Admittedly Sri Swain is a candidate of a political party and the political party that has set him as the candidate is BJD.

Therefore he is admittedly the candidate of a combine of citizens who collectively have formed a political party called BJD with a common purpose and collective allegiance and committed organizational presence in all the constituencies within the limits of Orissa.

EC has registered it as a political party, which means, the EC has approved the common purpose and collective allegiance of the citizens who have constituted the political party called BJD.

It is imperative for democracy that the citizens, who form a political party, must remain loyal and committed to the decisions of the party.

Commitment and loyalty to their respective political party is so unavoidably a must for members and supporters that recognition of a party by the EC depends upon the strength of membership and support it exhibits in general elections.

This phenomenon makes it unambiguously clear that every political party shall have loyal members who should be duty-bound to vote for their party candidates in general elections.

Therefore it is clear that every member or supporter of a political party is ethically and morally required to cast his or her vote for the candidate his or her party plants in elections and not to any other.

This being the democratic duty vested in the citizens as well as their recognized responsibility, the rejection of the nomination papers of the BJD candidate for election in Athgarh constituency tantamount to denial of voting rights to those citizens who are members and supporters of BJD in that constituency.

The members and supporters of BJD cannot be forced to vote for candidates of their rival political parties. The EC cannot either expect that the citizens of Athgarh who belong to BJD by membership / allegiance would vote for candidates of their rival political parties.

So, obliteration of BJD candidate from the election scenario in Athgarh on flimsy / misconceived / misconstrued technical grounds is nothing but denial of voting rights to the voters who should, as members and supporters of BJD, have certainly voted for Sri Swain. This is nothing but a bureaucratic assault on democracy.

EC is empowered to conduct the election. He is not empowered to conduct non-election of any candidate by his party members and supporters. In rejecting Ranendra Pratap’s nomination papers the Returning Officer acting on behalf of the EC has tried to play exactly this mischief.

The EC should intervene and allow the nomination papers. The Xerox copy of BJD party ticket should be accepted as genuine as the BJD party has not disowned the ticket.

The EC must appreciate that it is its own fault that has lead to this impasse.

The BJD has issued the ticket rightly in favor of its candidate addressed to the R.O. The members and supporters of BJD have, on behalf of BJD, proposed and supported the nomination of their party candidate, in this case Ranendra Pratap Swain, mentioning that he is the BJD candidate vide ticket addressed to the R.O. to which Swain has given his consent.

It is, ethically therefore, the R.O.’s duty to collect the ticket from BJD or to ascertain the correctness of the Xeroxed ticket placed before him. Or, in honoring the spirit of democracy, to accept the nomination papers by matching the original with the Xerox copy of the ticket. But the R.O. has failed to do this and instead has created a severe dislocation in peoples’ duty to elect their preferred representative.

Rejection of party candidates not by the peoples but by a Returning Officer on technical ground would make a farce of our democracy.

The Constitution of India has defined disqualifications of voters as well as of candidates.

Whosoever is not legally disqualified to vote or to contest, is legally qualified to vote and to contest.

Members and supporters of BJD in Athgarh are not disqualified to vote. Hence they are qualified to vote. But they cannot to be compelled to vote for candidates of their rival parties. Hence they are entitled to vote for their candidate Ranendra Pratap Swain, which they are now denied to do.

On the other hand, Swain is not legally disqualified to contest as a candidate. Hence he is legally qualified to contest on political grounds that democracy entails. But he is disallowed.

The EC should appreciate that his guidelines cannot have over-riding effect over the provisions of the Constitution of India and should immediately intervene in the impasse created by the R.O. at Athgarh and allow the spirit of democracy to prevail by causing acceptance of Swain’s nomination.

If the EC fails to remove the wrong being done to democracy, the Supreme Court of India should take up the issue and ensure that the Controller of elections does no more make a farce of our democracy.

PRIME MINISTER MANMOHAN SINGH IS IN OFFENSE AGAINST CONSTITUTIONAL BASIS OF INDIA

Subhas Chandra Pattanayak

India has a federal structure on unitary basis. Prime Minister Man Mohan Singh is associated with acts of offense against this constitutional structure.

He will be ill remembered in history for having sabotaged Indian Constitution from behind to facilitate advancement of plutocracy. Whenever offense against democracy through words like “Notes for votes” would be searched for, search engines would certainly display his name prominently. But we in Orissa are witnessing in newspaper front pages at present that he has no qualms in violating the federal structure of India using its unitary basis to his motivated advantage.

The peoples of Orissa are ready for election to the State Assembly as well as to the Loksabha.

As the elections knocked at the door, Chief Minister Navin Patnaik coined a scheme to hijack poor peoples’ vote by expressing his concern for their wretchedness and by offering them rice at Rs.2 a Kg.

His mandarins forced the dealers to project him as the provider of this benefit obviously with the intention to prompt the peoples below the poverty line who have continuously been suffering from slow starvation to find in him the redeemer and to vote for him.

Congress saw through the game and wanted to show the starving peoples that in making rice available to them at Rs.2 a Kg, Navin has a minor role. The major role is played by Prime Minister Manmohan Singh, it wanted the peoples to know.

Accordingly, Sonia’s political factotums here built up scenarios to compel the Election Commission to order for removal of the display boards from distribution centers that projected Navin as the provider of rice in so cheap a rate.

And then the Congress Party started the advertisement adventure in newspaper majors to project Manmohan Singh as the real provider of rice in cheap rate.

The language used in these advertisements is calculatedly mischievous.

Singh’s picture prominently displayed, the Congress, whose official candidate is he this time for the post of PM, in its advertisements shows that the Food Corporation of India, working under Singh, bears the cost of rice at Rs.16 and pays Rs.11 for every Kg of rice that Navin’s government supplies at Rs.2. Hence, the State Government’s contribution is only Rs.3 a Kg as against Rs.11 contributed by the Government of Singh.

But the ad does not stop here. It goes on to say that State Government is guilty of habitual misappropriation of the central funds.

Knowing that peoples of Orissa are poetic in nature, the Prime Minister’s advertisements carry a poetic stanza in Oriya that is cleverly coined to dismiss the relevance of the State. Roughly translated into English it is: “Whatever one sees around him or her and everywhere in the State is the contribution of Manmhan Singh’s Government. Whatsoever welfare is done is done only by the assistance given by the Center. The State Government claims credit only through falsehood and treachery”.

Use of denigrating words like “falsehood and treachery” by a Prime Minister against a State Government is a serious offense against the federal spirit of the Union of India.

Manmohan Singh has not spent single paise from his father’s or his personal purse for Orissa.

He is the Prime Minister of the Union of India and the Union of India is bound to provide funds to the constituent States for welfare projects. Had he tried to stop, he would never have succeeded.

He had stopped establishment of the National Institute of Science in Orissa.

Depending as then he was on the mercy of left MPs hailing mostly from West Bengal to stay in power, he had helped that State to hijack the National Institute of Science originally earmarked by the UGC for Orissa.

We the peoples of Orissa had thrashed him politically, intellectually, morally and legally.

He had no other way than correcting himself by placing a new version of NIS that has come to be known as the National Institute of Science and Research.

Had he stopped central funding for Orissa’s welfare, we the peoples of Orissa would certainly have forced him to correct the wrong as we did in the case of the Science Institute.

So, Manmohan Singh as the Prime Minister was bound to provide funds for development projects in Orissa and the members of the Parliament coming from all over the Country had ensured that Orissa gets her share at par with all other provinces.

The Prime Ministerial candidate of Congress, Manmohan Singh has no right to claim credit for what the Prime Minister of India had to do under direction of the Parliament.

Some may argue that the Congress has published the objectionable advertisements for which Prime Minister Singh cannot be blamed.

It may even be argued that the ads being in Oriya, the PM might not have known the contents thereof.

There is no reason to believe that he does not know the contents of the ads carrying his endorsement through his photo. However, now as we are publishing this remark in a global media, propounder, if any, of such argument may bring this to his notice and see if he dissociates himself from such ads and instantly.

It is never acceptable that a Prime Minister of India plays havoc with the constitutional structure of the Country through advertisements mischievously composed and intentionally published with the sole motive to obliterate the relevance of State Administration and to deliberately defame the State Government.

The issue is urgent and it craves urgent attention.

KANDHAMAL IS NOT A CASE OF COMMUNALITY: IT IS A CASE OF NATIONALITY

Subhas Chandra Pattanayak

Kandhamal of Orissa is in hot headlines for enmity between the followers of two religions: Hindu and Christian. The politico executive and judicial administration wants us to believe that it is a case of communality. But in reality it is a case of religious nationality.

The peoples of India have suffered the separation of precious parts from the body of their motherland in 1947 as it was a prerequisite for independence on August 15 on the ground of religious nationality when the Muslims, multiplied on this soil through conversions claimed to be a separate nation as against the nation of the Hindus.

With formation of Pakistan, Hindustan lost a great portion of its national asset and has been in constant loss due to the terrorism practiced by Muslim converts at the border.

So rise of another religious nationhood through multiplication of Christians by conversions has become the crux of alarm for the Hindus as the Christians, by concept and in practice belong to a religious nationality, as they themselves want others to know by projecting their religious head, the Pope, as a Sovereign Head of State.

It is politically significant that the Pope, because of being the Pope, is being projected and treated as a Sovereign Head of State.

This understood, there is no difficulty in understanding why everywhere in India Hindu activists are trying to bring prodigal children back to their homes through counter-conversions.

Every Hindu may act as a counter-conversionist if thereby his motherland could be saved from another division on religious nationality.

Laxmananand was such a counter-conversionist who had concentrated in Kandhamal.

Unknown assailants, who, in local perception, are Christians, have killed him

So attack on Christians by Hindus in that district is a counter-attack.

A man, face wrapped, projected as a Maoist, has told a private TV channel that members of his organization have killed Laxmanananda to obstruct religious revivalism. This assertion is being read as a Christian mischief to hoodwink the general public. This is simply because, peoples know, the Maoists cannot find any difference between a conversionist and a counter-conversionist as both of them are religious revivalists. So killing of Lamananand alone on reason of religious revivalism cannot be accepted as an act of the Maoists.

In the circumstances, it is easily inferred that the Christians of Kandhamal received the counter-impact of their own mischief after the cold-blooded murder of Laxmananand.

The assassinated Hindu activist was unambiguously the strongest obstacle that the Christian missionaries were facing in converting Hindus to Christian religion in the region. And he was killed.

The Hindu agony is increasing beyond tolerance as the Governments, both in the State and at the Center, have failed to find out the assassin of the man who had sacrificed his worldly comforts to conduct counter-conversion to obstruct the rise of a rival religious nationality again on the soil that has already suffered the disadvantage of division of the motherland by converted Muslims at the time of independence.

The Christians have gone to the Supreme Court of India through a PIL seeking orders for inquiry into the assault on them by the CBI.

Suppose the CBI takes over the case, should that automatically end the unrest?

What is the crux of their allegation that they need the CBI to inquire into? As they say it is the assault on Christians. But in reality the issue is not the assault on the Christians; the issue is counter-assault on the Christians.

It would therefore be wrong to inquire into the counter-attack before the attack is inquired into. Therefore the ghastly murder of Laxmananand should first be inquired into before any inquiry is ordered into assault on Christians.

And the assault on Christians being a counter-assault, should, instead of expenditure of so much official energy on it, be left to be settled by the Christians themselves through credible pledges that they would do everything to wipe out the feeling that they are building up a Christian nationhood like the Muslims of pre-independence era.

As long as this feeling is not wiped out, the Hindus of Hindustan cannot be, even at gun point of Police, obstructed from taking any step, including violent steps, to preempt any possibility of a fresh division of their motherland on the ground of religion.

It is absolutely wrong to say that the majority (Hindu) community has assaulted the minority (Christian) community in Kandhamal. The concept of community is a wrong concept. The correct phenomenon is that a portion of the citizenry has assaulted another portion of the citizenry and the later portion has mounted a counter assault on the former. And in this specific instance, minority amongst the citizens (Christians) assaulted majority amongst the citizens (Hindus) by killing Laxmananand and by building up a minority religious nationhood, in retaliation to which the Hindus, being the majority of the citizenry, have, if at all, mounted their counter-assault.

This had to happen. Majority citizens cannot sit mum when motherland is infested with the viruses of minority nationality.

This scenario is really painful. It would never have happened had all the religions been banned after adoption of the Constitution of India.

Every religion was a societal code that was controlling man’s behaviors vis-à-vis the Society. With framing of the Constitution these codes called religions should have been stored for sociological study only. But shortsighted politicians have played the nastiest of mischief by allowing them to control human behavior in free India. So these religions have become rivals to our Constitution and their followers have linked these codes to their respective religious nationalities.

This being the fact, Christians constitute a rival nation vis-à-vis the Hindus. Hindus form the majority. India is a democracy. Democracy is run by majority. So India as a democracy belongs to the Hindus. But Hindus have never misappropriated India for themselves. Though they were the majority in the Constituent Assembly they framed a Constitution that resolved to build up the country as a secular democracy. They gave full freedom to practitioners of their rival religions to treat India as their home and to practice their religion without obstruction. But nowhere they had said that the practitioners of their rival religions should be allowed to expand their religious nation by dragging away members of Hindu religion to their own.

In view of this every conversion since framing of our Constitution is absolutely unauthorized and blatantly illegal.

The Cuttack Archbishop’s PIL has given the Supreme Court a great chance to dive deep into this matter. The active practice of religion should be seen as active denigration of the Constitution inasmuch as the Constitution being the supreme code of conduct, parallel or rival codes of conduct cannot be countenanced.

It should be made clear that by secularism the framers of the Constitution had only meant that there should be no bar in practice of the religions by their respective followers’ families. But they had never meant for keeping the State mum when certain religions would try to encroach upon others.

If the Supreme Court gives real serious attention to the issue, it should nullify all conversions with retrospective effect from the day of the adoption of our Constitution. And put a blatant ban on emergence of religion as nation.

Words like protection to minority may look magnanimous, but if minority religions take turn towards becoming minority nations, the majority of the country’s citizenry will never sit silent. They must fight that design come what may. Because, to the Hindus of Hindustan, any possibility of further division of their motherland on basis of minorities’ religion-nation can never be acceptable.

So, let us be very clear that Kandhamal is not a case of communality as is being projected; it is a case of religious nationality.

STOP THE PADMA FARCE

Subhas Chandra Pattanayak

The farce that is going on in the name of awarding civilian titles like Padma Vibhushan, Padma Bhushan and Padma Shree needs to be stopped. The highest civilian honor Bharat Ratna, excepting the nomenclatural difference, also belongs to this spectrum.

The Constitution of India has put a blatant ban on such titles. Article 18 (1) has stipulated, “No title, not being a military or academic distinction, shall be conferred by the state”. This means, under the scheme of this Article the Government is debarred from conferring any title excepting the military or academic distinctions on any citizen. Titles under the Padma spectrum are neither military nor academic. Hence these titles are unconstitutional, anti-constitution and unlawful. Of course, a Supreme Court verdict on 15 Dec.1995 has gone in favor of constitutional validity of these awards, but as we know, the Supreme Court has always the opportunity to disagree with its own earlier verdict. The Industrial Disputes Act is a point of reference in this respect. However the Supreme Court has not said that the ban imposed under Article 18 (1) on the State doling out titles other than military and academic is illegal. And this original Article of the Constitution is not susceptible to nullification by the Supreme Court. When this original article bans conferment of any title other than military and academic by the State, any and every legal interpretation on validity of awards of civilian titles cannot be the last word in the matter of interpretation. So, notwithstanding the Supreme Court verdict, on reading of the language of Article 18(1), which is a very unambiguously plain, simple and understandable language, civilian titles of the Padma spectrum are extra-constitutional, to say the least.

It is a shame that eminent Judges and Jurists have accepted these illegal titles without any qualm, so degraded a nation we have become!

Besides being illegal, award of these titles give glimpses of so much favoritism that it is difficult to say who has not bagged a Padma title without lobbying for the same or without grace of a godfather in Government.

“The stark truth is that in order to bag an award, one has to know how to pull the right strings”, vocalist Prabha Atre on whom the title of Padma Bhushan was conferred in 2002 after more than a decade of receiving Padma Shree, is on records to have said.

Describing it as `a riddle wrapped in a mystery inside an enigma’, Justice V.R.Krishna Iyer, even while welcoming conferment of Padma Vibhushan on jurists Sloi J. Sorabjee and K.K.Venugopal in 2002 had to say, “I must confess my puzzle about who really selects, what criteria govern and how a nationally acceptable screening process is adopted”. (The Hindu, 30 Jan.2002)

This year’s distribution of Padma titles expands this “puzzle”.

Ten persons have been selected for Padma Vibhushan, the highest amongst the three Padma Awards. Out of these ten, Delhi has bagged six, one has gone to Delhi’s immediate neighbor Haryana, one has gone to the home province of the Prime Minister’s closest ally in destroying India’s resolution for socialism, P.Chidambaram and the rest two have gone to USA.

In the next highest segment, Padma Bhushan, Delhi has bagged six, the highest in number next only to the users of their respective expertise in foreign lands; USA bagging four, U.K. getting two and Japan, South Africa as well as France bagging one each. So dwellers of the National Capital City and foreign Countries have together taken away 15 Padma Bhusahan titles leaving only 14 in this segment for the rest of India. Out of these 14, two of the provinces, Kerala and West Bengal, under grip of reformed Communists – reformed, because they have been supporting Man Mohan Singh, who opened up India’s economy to strangulate socialism- have bagged as many as six when another strong muscle of Man Mohan Government, Sarad Pawer’s Maharashtra has fetched three of these awards. One each has been bagged by Assam, Mizoram, U.P. and Tamilnadu as well as by Chandigarh. No other province of India has had any body to qualify for this second class Padma title.

Even for the third class Padma, i.e. Padma Shree, lobby looks like having played the decisive role. Otherwise, how it is that massive majority of the awardees of Padma Shree belong to places where the present central government has his support base? See the position. Delhi has bagged 17 of these titles whereas Maharastra has got nine and Tamilnadu has bagged eight. Similarly U. P., where Mrs. Sonia Gandhi and her son have their political stake, has taken five of these titles equaling the Congress ruled Andhra Pradesh. Next highest batch of Padma Shree awardees numbering four belongs to Congress ruled Uttarakhand whereas Kerala and Karnataka bag three each. When Congress led Punjab has got two Padma Shrees, two each have gone to Gujarat and Manipur.

J and K, Rajasthan, Goa, Chandigarh, Haryana, Madhya Pradesh, Chhattisgarh, Orissa, Bihar, Assam, Sikkim, and Arunachal Pradesh have got one each when dwellers in foreign countries such as Russia, Ireland and U.K. have bagged five Padma Shrees.

West Bengal, though not shown as home State of any new owner of Padma Shree title this year, the Bengalis have bagged four of this segment through two addresses at USA and one each at Delhi and U.P.

This shows that there is no uniformity in selection from the States. This again suggests that there are provinces where people are more capable and render more distinguished service than people of other provinces. If this is what the government wants us to accept, then this is bad, unacceptable, untenable and anti-integration. No true Indian can tolerate this nonsense.

Selection of majority persons from provinces, where the union government has its stronghold; and non-selection of worthy persons belonging to provinces, where the set up in central power finds opposition; is nakedly indicative of nepotism, favoritism and regional chauvinism and political parochialism.

Moreover the phenomenon is blatantly discriminatory. Lest people know this aspect, the criteria for selection and with whom the selected persons were compared to be adjudged best in their respective fields are kept hidden from public gaze.

The entire exercise needs to be tested on the matrix of the criteria, if any. But no criterion is codified.

I do not mean to say that all the persons that are not worthy of national honor for their respective contributions in enlisted fields have been given the honor, but lack of any codified and legalistic criterion to ensure that no worthier is left behind has made the entire exercise questionable.

To me as an Oriya Prativa Roy getting a Padma Shree may be a matter of pleasure. But when question of responsible citizenship arises, it becomes a matter of despair.

It comes to notice that a worthy Oriya like Barendra Krushna Dhal has been again ignored for such an honor. Why? The question hunts.

Dhal has not only won Central Sahitya Academy award, but also he is the soul behind the Book-fair movement that has made innumerable people develop reading habit in Orissa.

So as a man of letters his role is solely social.

Selection of persons for Padma title, though the criteria are not yet codified, is touted to be based on how far useful to society are the life long contributions of the person under consideration.

On this ground only, as a man of letters, Barendra Krushna Dhal, the social campaigner for letters, surpasses every Indian in merit for the first class Padma Award for literature and education.

If journalism’s sole aim is to educate the people about everything that affects man and society and earth and environment, Barendra Dhal is a top ranking educator.

His contribution to the cause of journalism is well recognized by the National Union of Journalists of India that had unanimously elected him to the post of its President. He has the rare distinction of having reported the last public meetings of Prime Ministers like Jawaharlal Nehru and Indira Gandhi, going against the tides and overcoming many odds in the process that establishes his devotion to duty for democracy.

When Roy is selected for the Padma Shree title in the segment of literature and education from Orissa, why a more worthy person like Dhal has been ignored?

Unless some body has conspired against him, he is not likely to have been ignored.

I cannot say who is responsible. But when Roy is selected under the category of literature and education, non-selection of Dhal seems intriguing. This prompts to recapitulate the past.

When Roy had been made a member of Orissa Public Service Commission, it is Dhal only, who had questioned the appropriateness thereof in his column. She was not found by the OPSC eligible to become a Reader; but there after, as the then Government, marked for manipulative tactics, placed senior lecturers in selection grade in the Readers’ scale of pay, she became a de facto Reader. Dhal had questioned as to how a person like her could be given a constitutional position to control and conduct selection of Professors; specifically when some of such persons were the very persons who had superseded her for promotion to the rank of Reader?

Against this backdrop, selection of Roy for Padma Shree when Dhal remains in oblivion generates suspicion.

Who can say whosoever suggested and/or selected Roy was/were not made not to consider Dhal, who alone had questioned the wisdom behind appointing her to OPSC?

Lobby and further lobby

Circumstances discernible in Dhal’s attack on the said appointment suggest that without a strong lobby Roy could not have been chosen for the OPSC membership.

There was also reason to suspect the role of lobby behind her bagging the Central Sahitya Academy award. Dr. Hara Prasad Parichha Patnaik, former Secretary of Orissa State Sahitya Academy had told me four months before she got it that she will get the Central Sahitya Academy Award. And to my astonishment that had come true. When the Central Sahitya Academy award was not finalized, how could Dr. Parichha Patnaik know that Roy would surely get that award? Was he aware of the lobby and the power of that lobby?

If lobby like this has propelled her to positions and recognitions in the past, it would not be surprising to suspect that the Padma title might also have been netted through the lobby. As Prabha Atre, quoted supra, has stated, “in order to bag an award, one has to know how to pull the right strings”!

Unless the government makes it unambiguously clear by placing before the public as to who were taken into consideration along with Roy and why it is only they that were taken to consideration and with whom her contributions were compared and by whom compared, the injustice done to Dhal cannot be fully comprehended and the conspiratorial side of the story cannot be wiped out.

This is an intricate issue. It would not have developed had the criteria for selection of persons for Padma titles been codified and made public.

As lobby plays the trick, worthy persons are often ignored. Not only in Orissa, also elsewhere.

I remember, Kathak Queen Sitara Devi had expressed reluctance to accept Padma Bhushan in 2002 because persons far below her age, experience and expertise had been conferred with the higher category title of Padma Vibhushan.

Who does not know how announcement of the title of Padma Shree in favor of Shyama Charan Pati for his supposed contribution to Chhau had been objected to by almost all of the Chhau exponents from Jharkhand and Orissa last year?

Terming it “a big Padma Shree fraud”, they had attracted attention of President A.P.J.Abdul Kalam (The Telegraph, 10 Feb.2006) and had demanded for a probe, which had exposed to what nasty extent lobby helps in bagging Padma titles.

Pati was a person whose credential as a Chhau artist was also seriously questioned. Accoding to Tapan Kumar Pattanayak, Director of Government-run Chhau Nritya Kala Kendra, Seraikela, “ever since the organization came into existence, there is no mention of Pati having contributed in any way to the art form”. Stating that the State of Jharkhand organizes Chhau festivals every year, Pattanayak had revealed, “Pati never featured in that event. There are eight Gharanas of Seraikela Chhau while four of Kharsawan Chhau. But we have no information as to which Gharana he belongs to”, he had told then.

On being apprised of how Padma titles are manipulated, the Supreme Court had issued a direction that the no selection beyond the list prepared by selection-committees in various States can be made in respect to persons belonging to the corresponding province.

The Secretary of Culture of the Jharkhand Government, N.N. Sinha had made it clear that Pati was never recommended by his department. It transpired that he was not sort listed by the provincial government. But his name was announced on the eve of the Republic Day! This shows that some one in the top most corridors of power had selected him from beyond the official list in stark disregard to the Supreme Court order. Who is this person that unofficially selected him, when and why?

The Pati issue has made it clear that absolute lack of eligibility notwithstanding, people have been bagging Padma titles if they know “how to pull the right strings”.

Famous poet Dilip Chitre is quoted in Times of India on 2 Feb.2003 as having said, “We have a darbari culture and awards are often doled out as favors, apparently in exchange of personal loyalty”. He has cited how Yashwantrao Chavan had cultivated a Padma Bhushan title for his professor N.S.Phadke, even as senior and more deserving litterateurs languished in anonymity.

It is a shame to recall how Atal Behari Vajpayee as Prime Minister was seen as the force behind a junior vocalist of Mumbai in being chosen for Padma title in 2001 leaving behind much more deserving, senior and superb exponents to languish, simply because he had given voice to his poems.

This reminds one of how such phenomenon was described by S. Kalidas, Associate Editor of India Today in its pages in February, 2001 in a reaction to refusal of Padma Bhushan by Ustad Vilayat Khan. He had noted, “Our mandarins in the government have always behaved like the proverbial lotus-eaters. They are invariably so full of their own sense of self-importance and power of patronage that they are blind to all nuances of ground realities. Besides the system of selection of Padma Awardees is flawed to the core. For some reason this is something that the ministry of Home Affairs, the cabinet, the Prime Minister and the President are all involved in. And with these luminaries, State Chief Ministers, Chief Secretaries and Governors also have a say in recommending people from their respective States. But none of these VIPs are ever really well informed about any of the fields that they are supposed to select the recipients from. So the choice is more often determined simply by the exigency of who knows whom”.

Giving a picture of how mandarins manipulate Padma awards, B. N. Tandon, an erstwhile power-player in the Prime Minister’s Office during Indira Gandhi’s regime, in his diary dated January 17, 1975, has noted, “This afternoon, at lunch, the topic of the Padma awards came up. This year I have not taken any interest in this. It is true that I wanted Amjad to get the Padma Shri because last year his name had been left out. The committee of secretaries has recommended his name again this year, but it has been removed by the Prime Minister at the instance of Usha Bhagat. Sharda didn’t approve of this and he told the Prime Minister that it was his and my view that it would be wrong to deny this award to Amjad this year. Then something happened which necessitated consultation with Haksar who also took the view that Amjad should definitely get the Padma Shri. Now his name is on the list, but I haven’t told him.” (PMO diary-I, page 157)

Evidences of manipulation in conferment or achievement of Padma titles are galore. Mr. K. Natwar Singh has put on records that in 1983 he had wanted Padma Bhushans and Padma Shrees for those who had helped organised the two summits, NAM and CHOGAM in New Delhi on the precedence created by conferring Padma on organizers of the Asian Games in 1982. But Indira Gandhi did not approve. She approved Alexander’s recommendations in his favor as a result of which, his name was announced for Padma Bhusan on 26 January 1984. (Profiles and Letters, P. 204).

Call it an instance of sycophancy if you like. But conferment of Bharat Ratna on Indira Gandhi by V.V. Giri on his own accord points out to the fact that the highest Civilian Title of the Country is susceptible to individual preference. How President K.R.Narayan had wanted Bharat Ratna for C. Subramaniam has been on records by former Prime Minister I.K.Gujral.

So, lobby and the ability to pull “the right string” are fetching Padma titles for the aspirants. Even the committees constituted for selection are suspected to be comprising of lobbyists of different aspirants. Had it not been so, in 2005, Ranbaxy Laboratories founder Bhai Mohan Singh, then under trial for bouncing of a Cheque, would not have been chosen for Padma Bhushan.

The entire business of Padma besides being ultra vires of Indian Constitution; is unprincipled.

Jawaharlal Nehru as Prime Minister was a man of many dreams and as dreamers usually arrive at emotional decisions, he had formulated these national honors. In a letter to Chief Ministers in 1954, he had told them that the awards were meant for “rather distinguished people in science, engineering, medicine, art, literature and social work. This indicates the way India looks today. We honor the creative and the developmental activities of the nation and we wish people to honor them”. He had not contemplated then that a time will come when self seekers shall not only engage lobbyists to fetch these titles, but also shall endeavor to fetch still higher titles one after the other.

Look at Orissa’s Kelucharan Mohapatra, in whose perception his son and his daughter-in-law are the only true sources of education in Odissi dance, on whom students of the dance form may depend in future. To a question from Orissa’s the then art-sentinel Bibhuti Mishra as to as Sanjukta Panigrahi was no more there, who could be considered a guide; he had said that role may fit to his son who holds his banner Srjan or to “any dedicated student of mine or my daughter-in-law or even my granddaughter” as if no other Odissi exponent had any worth. In fact so averse was he to others that he had no hesitation in alleging that they are polluting the dance form “in the name of improvisation and innovations and many so-called great dancers are also guilty of this”.

When reminded of the innovations he has claimed to have made himself, in this interview, Mohapatra had tried to confuse the interviewer by jargon like “I have operated within the basic idiom of the classical code”.

What classical code? Mohapatra had never given due credit to Kavichandra Kali Charan Pattanayak but for whom Odissi was never to earn classical status and artists like him were not to so easily shine as they did. On the other hand, he has never followed Abhinaya Darpana Prakash, the only scripture held as Grammar of the dance form, on the basis of which Odissi is bound to be regarded as classic for ever. He was a performing artist, not a scriptural scholar. When he is no where on records to have followed the Code of Odissi, i.e. the Abhinaya Darpana Prakash, authored by the Prince of Tigiria, Jadunath Rai Singh, his attempts to justify his so called innovations in the name of classical code is nothing but a tactful escapement.

Reacting sharply to Bibhuti’s suggestion that Sanjukta Panigrahi “could not get anything beyond Padma Shri while others of doubtful merit but with better contacts and lobbying power got even the Padma Bhushan …” he had asked “what has my wife, Laxmipriya Mohapatra got? She was the first female Odissi dancer who brought the dance form to the stage. She is also the one who inspired a whole generation of dancers, but she has remained unsung. Even the State Sangeet Natak Akademi has not bothered to honour her”.

Mark the man. He was so severely angry over his wife not getting State recognition that he did not hesitate to keep it on records. But he has never said that the best of civilian title should be bestowed upon Kavichandra Kalicharan who was the real architect of Odissi’s classical status. Can any self-centric person be different from this type?

But this gentleman is remembered for the promotions he acquired one after one in the ladder of Padma. He bagged Padma Shree in 1972, Padma Bhushan in 1989 and Padma Vibhushan in 2000. Is there a curriculum in Padma scheme on fulfillment of which one qualifies for higher degree? If in 1954 this scheme was formulated for recognizing people of excellent contribution to various fields of academic and socio-cultural activities, any one ward in recognition thereof must suffice. Why a man like Mohapatra had been given all the three Padmas in succession? There is no codified yardstick to determine as to what quantum of contribution would justify what sort of Padma. So which part of his activities exceeded which determined quantum of his Padma Shree fetching contributions to justify his elevation to Padma Bhushan and similarly to further elevation to Padma Vibhushan?

Mohapatra is not alone. M.S.Subhalaxmi had started her run from Padma Bhushan in 1954. Her performance in music was matchless and if at par with Dr. S. Radhakrishnan, Dr. Chandrasekhar Venkat Raman and Chakrvarti Rajgopalachari she could have got Bharat Ratna in 1954, which she finally acquired in 1998, there was nothing to object. But she was first conferred with Padma Bhushan in 1954, then with Padma Vibhushan in 1975 and finally with Bharat Ratna in 1998. Many such instances are there. Sans a governing Law, it is fed to public that it requires a decade to lapse for a Padma title holder to be conferred with a higher Padma title. This is also an attempt at hoodwinking the nation, because in reality it is not followed. As for example, Dr. V.S.Arunachalam who had a Padma Bhushan title in 1985, bagged Padma Vibhushan in 1990, which is not a decade but only a half of it.

What does it show? It shows that Padma titles are manufactured and manipulated in favor of persons who know how to pull the right string and distributed sans any principle.

This apart, religion and castes are also being taken into consideration while entertaining any nomination for these titles into consideration. The columns that are required to be filled up in the nomination Form comprise one item captioned “Religion” and another item captioned “Category” where information on whether the person nominated belongs to Scheduled Caste or Scheduled Tribe or Other backward Castes or General Castes are sought for.

This farce must not be allowed to infest our body politic like this any more.

ORISSA IS IN THE WORST PHASE OF HER LIFE

Subhas Chandra Pattanayak

Orissa is in the worst phase of her life. Never before she had fallen in the hands of more scheming saboteurs.

How she is being denuded of her mineral and other natural wealth is not unknown. But the damage Naveen Patnaik is doing to Orissa’s present generation is beyond description.

His government is bent upon to kill our character. In every nook and corner of the State it is going to plant a wine shop.

As we see, ever since he has taken over the reign, the number of wine shops has continuously increased year after year. Last year it waxed to 2209. This year it will exceed 4000 as, according to Excise Minister Kalindi Behera, the Government has decided to issue license for further 1853 shops, which would include 1000 IMFL ‘ON’ shops, 503 ‘OFF’ shops, 188 Beer parlors and 162 Country Liquor shops. Over and above this, every ‘Motel’ and ‘Dhaba’ on the roadside through out the State shall get liquor-vending rights.

It is alarming that the State has no Excise Policy. It has framed only an annual policy for 2005-06 vide Excise department Notification No. I Ex-520/2004/ 1410 /Ex., dated 28.02.05. It is nothing but an executive order amenable to change any time at any stage by the apex manipulators having control over the department. There is no provision for accountability even under this so-called ‘Policy’, which is only yearly in import. It is formulated, framed and enforced behind back of Legislature. How the government has failed to use this Policy to stop illicit liquor trade and how taking advantage of the lacunas rampant in this Policy, the local distilleries and bottling plants have played havoc with the State Exchequer is a fit case for a social audit, if at all the Government accepts the suggestion.

But a cursory look at it reveals that the Government has no regards even for this Policy of their own. I am quoting only three of its provisions: -

“New IMFL ‘ON’ shops/ Beer parlor (ON) may be opened according to the need”. (Clause VIII-b);

“New IMFL ‘Off’ shops may be opened wherever conditions so demand. (Clause XVI);

“New Beer Parlors may be opened wherever the condition so demands” (Clause VIII-h).

It is clear from the fore going three quoted provisions that opening of ON shops of IMFL or Beer shall depend upon the “need” or “demand” of the people of the concerned locality.

Naveen Patnaik and his Excise Minister should place before the public the details of the “need” and/or “demand” they have had to satisfy in issuing further 1853 licenses. I am sure, they cannot. Because people of Orissa are neither in need of this nor have they demanded for this. On the other hand, issuance of license is dependant on recommendation based on socio-legal and behavioral mind-set of the people in whose area the ON shops are to open. To quote the Policy under Clause XVI, “While recommending the proposals for grant of license for ON shops, the locality, the habit of the people living, sensitivity to law and order situation etc. should be taken care of”. Has the Government taken into consideration these aspects before deciding the number of licenses to open around 2000 more ON shops and to grant right to every roadside Motel and Dhaba to vend liquor? No. Never.

Who is the Kalapahada? Naveen or Kalandi? Or Naveen’s entire Cabinet collectively? Do you need to know the identity of Kalapahada? He was an India born bastard that was working for his masters of foreign link and was the person, who had, in order to benefit them, desecrated Orissa’s revered Deities and played havoc with the socio-economic and political life of its people in the 16th Century A.D. When Orissa’s present Government is desecrating our Constitution, whom must we designate as the Kalapahada? I leave the decision to you.

Look at our women folk living in remote villages. Thousands of them have been agitating against State support to liquor trade. Naveen regime’s Police has often used force against them and harassed them with concocted cases.

But they have been fighting. Fighting against all odds.

They know that their economy is ruined, family life shattered as the male folk get dragged into the grip of intoxication. To them, freedom means freedom of their male folk from wine. To fetch this freedom they have been fighting against Police, against the agents of wine traders who have infested our system.

They are not aware of our Constitution. They are not educated to understand our Constitution. But their fight is linked to success of our Constitution.

Our founding fathers had framed the Constitution keeping them in mind. Hence their agitation against wine is their agitation in support of our Constitution albeit without their knowledge.

Those who are educated and expected to have understood it, those who are elected and taken oath to safe guard it, are acting against it. If you do not belong to this later category, please see what our Constitution has said.

Our Constitution, under Article 47, has said, “the State shall endeavour, amongst its primary duties, to bring about, in particular, prohibition of the consumption, except for medicinal purposes, of intoxicating drinks”. The use of the term “in particular” has given the provision a mandatory import. Naveen and his Ministers have no respect for this. Should we live like silent spectators?

Make note of it please and act, as you like.

Follow

Get every new post delivered to your Inbox.

Join 225 other followers