Orissa Matters

DEMOCRACY AT ITS WORST! WITNESS IS NARAYAN PATNA

(Fact Finding of Narayanpatna Firing on CMAS)

As this report gets written Singanna and Andru’s bodies are being cremated at Podapadar village amidst a throng of police platoons waiting to arrest any member of Chasi Mulia Adivasi Sangha (CMAS) who exposes herself or himself to the police. Already 20 have been arrested and there is evident fear of many more hundreds being detained or arrested. The total clamp down on participation of the media, activists, leaders and any sympathizer of CMAS is not only condemnable but totally unjustified. The district has been turned into a hunting ground of tribals and there is fear written all over the faces of tribals in this remote block of Koraput district. A small team of three members made a two-day visit to Narayanpatna to ascertain the situation and understand the truth behind the firing incident which killed two tribals.

Blocked roads, long walks up and down winding hill paths and petrified tribals afraid to open their mouths to any unknown persons were the memories etched in the team members’ minds. But what left the members shocked during their visit on 21st and 22nd November 2009 was that democracy had fallen to its worst during those three days after the firing and murder of two tribals.

There is much to be asked about the firing but the question foremost on our mind is – who ordered the firing ? did the police take the permission of a magistrate before setting off their guns ? and why was tear gas and other non-fatal measures not used to disperse a crowd which police thought might create a law and order situation ? the time gap between the protest gathering and the firing is just about 30 minutes ? but police say they requested and warned and then opened fire ? all these things happened in 30 minutes ? sounds a little preposterous and forces one to wonder whether it was cold blooded murder or a freak incident or a well-planned strategic elimination of a leader who held sway over a large number of fearless and empowered tribal cadres of CMAS.

As the days pass rising police brutalities destroy brick by brick the euphoric notions of ‘democracy’ so carefully packaged and sold to people of India by a political class sold out to corporate greed. Every night and every dawn brings shivers to the tribals as they await an assault on their hamlet, whether on the hill top or on the plains or deep in the jungles, by the marauding security forces. No one knows from which end and at what time under cover of darkness these cobras and scorpions will attack their village, break open their doors, kick them out of their homes and beat the blues out of them. The CMAS has been persistently branded a frontal organization of the CPI (Maoist) despite their vehement rebuttal and lack of any evidence to show their Maoist connections.

Facts and observations stated in this report are based on information and statements collected during interviews with Narayanpatna residents who were witness to the firing, local mediapersons and villagers of Kumbhari and Narayanpatna Panchayats.

The Facts of 20th November 2009

About 200 CMAS members including 100 women came to Narayanpatna Police Station to protest against harassment of tribals in particular women during the previous days’ combing operations by security forces. They reached the police station at around 2 pm and since the two gates of the police station were closed they called on the OIC to come out for a discussion. The police refused to let them in and began verbally abusing tribals who had assembled at the gate.

When the police did not respond to their repeated requests to let a team of tribals into the police station for discussion on their complaints with the OIC, CMAS leader Kumudini Behera and CMAS President Kendruka Singanna broke open the lock of the small side gate of the police compound with an axe. As the gate opened 5-6 main leaders of CMAS including Singanna and Kumudini went to meet OIC Gouranga Charan Sahu. During a heated exchange between the OIC and Singanna, the OIC began to shout that he was being attacked by CMAS leaders and he ordered the IRB guards on the roof of the police station to open fire on the crowd gathered outside. The police fired three shots in air and then began to indiscriminately fire at the crowd standing outside the police compound. The firing was done by the IRB as well as CRPF and Cobra at 2.45 pm. The firing continued for half an hour and 300 bullets were fired at people.

Hearing the sound of firing Singanna and others came out of the police station. Singanna was hit in the chest while he was walking out of the police compound. He received ten bullets in his chest and fell in front of the small police gate. Another CMAS member Andru Nachika of Bhaliaput village received bullet injuries and fell face down outside the police compound. Their bodies were left there by CMAS members who ran helter-skelter as the police began firing at them. Around 300 bullets were fired at the people. In this firing, while two have died it is being estimated that around 60 more persons have been injured and some are in a serious condition.

Singanna is survived by his wife who is also pregnant, three sons and a daughter. Andru is survived by his wife who is also pregnant and two children.

The Reason for CMAS Protest

During a fact finding visit on 22nd November 2009, all CMAS members and villagers interviewed stated that they had gone to the Police Station to lodge their protest against police harassment of tribals and in particular women who were being harassed by the security forces.

One of the main reasons for CMAS members’ protest was that they wanted an answer from the OIC regarding violation of an assurance made to the tribals earlier. The CMAS members stated that about two months back they had held a protest rally regarding harassment of tribals in the name of combing and deployment of security forces in their villages. Following the rally, the OIC had given a written assurance to CMAS leaders that forces would not enter their villages and harass the tribals. They would conduct combing operations without harassing the locals. But the CMAS members stated that the police had violated this assurance and hence they came to ask the police the reason for this gross violation which was a serious breach of trust.

Of particular importance is people’s statement that the security forces categorically told them during combing operations on 18th and 19th November that they should leave their villages immediately or else they would have to face dire consequences. They even told them that the non-tribals whose lands CMAS had ‘grabbed’ (sic!) would come back soon to claim their lands !

Combing operations and related harassment of 18th and 29th November was reported from Odiapentha, Dandabeda, Palaput, Dubaguda and Badhraguda villages.

Apart from warning them, they did not allow the women and men to continue their harvesting work. Some said that they even took away their harvested paddy and mandia crops. The tribals explained to us that this season is the most important time for them because they are engaged in harvesting, husking and storing of their foodgrains. Hence such combing operations and threats to people would destroy their harvesting operations and affect their food security.

When the tribals related this to their CMAS leaders, the latter decided to go to the police station to demand an explanation for this warning and also protest the harassment. The CMAS leaders sent cadres to different villages and assembled the members and took a decision to hold a peaceful march to the police station to make their protest and put their demands before police.

About 50 tribals whom we interviewed and most of who had attended the march to the police station, categorically stated that they did not carry any firearms and that they carried a few axes and thick bamboo sticks. None carried any bow and arrow because they explained to us that on previous occasions their bows and arrows had led the media to brand them as Maoists. So they said that they had consciously not carried any bows and arrows or local swords.

Situation of 22nd November 2009

As of today, it is difficult to ascertain the exact number of persons injured as CMAS members have returned to their villages and have not been able to meet or communicate with each other about the actual injuries to their members. Medical aid to these persons is not available as the injured are afraid to come to Narayanpatna Primary Health Centre (PHC) for medical treatment for fear of being arrested. They are taking treatment from their traditional tribal healers (disaris). Doctors are also reluctant to go to the villages for treating any patients for fear of abuse by the police and security forces. Local Anganwadis and ASHA workers are unable to teat the injured as they do not have the necessary medicines, spirit and cotton to clean and dress the wounds.

Far flung villages and constant combing by the security forces is also making it difficult for the leaders to move to different villages to ascertain how many have been injured and what is their condition. Most leaders are in hiding as there is a reported shoot-at-sight order against them.

On 22nd November early morning there was a combing operation by security forces and seven persons were arrested from their homes between 5 to 6 am. Apart from this, forces forcefully broke into homes and searched for ‘red flags’ (whatever that might signify as evidence !?). They abused people, in particular the women, kicked and beat young boys with thick bamboo sticks who did not answer questions. They seized axes, sickles, knives, bows and arrows and bamboo sticks from every house they entered and told the tribals that these are ‘dangerous weapons of murder’ and that they would be arrested if they were found in their homes next time. The tribals asked us, “these are our agricultural implements and daily household needs so how can we not keep them at home ? How will we get fuelwood, cut vegetables, harvest paddy and cut branches to feed our animals ? Where should we hide them and why should we do that when we never use these as weapons of murder as accused by the police ?” We had no answers ….

Four CMAS members from Narayanpatna and three persons from Palaput, 1 km away from Narayanpatna. The details of persons arrested are :

1. Raju Huika – Narayanpatna Kandha Sahi
2. Dora Nachika – Narayanpatna Kandha Sahi
3. Masi Sirka – Narayanpatna Kandha Sahi
4. Ramesh Khosla – Narayanpatna Ghasi Sahi
5. Kumudini Dora – Palaput Tala Sahi
6. Debendra Behera – Palaput Tala Sahi
7. Satyanarayan Bangu – Palaput Tala Sahi (his commander was seized)

These seven persons have been taken into police custody on 22nd November and will have to be produced before Judicial Magistrate at Laxmipur within 24 hours. If this is not done then the police would be violating its own laws.

Apart from this, the fact finding team also met three persons who have received bullet injuries. A boy of 18 years received two bullet injuries in his leg and in the same village another person has a bullet injury wherein the bullet is still lodged in his hip. Yet another person of that village has a bullet wound which whisked past his left calf and has left a slit which needs immediate stitches. Another older man of another village has received a bullet injury in his left hand. This person was marketing dry fish near the police station when he was hit. He had no idea about the rally and the reasons for it. He is also partially hearing impaired. Apart from this, the people the fact finding team spoke to said that about 60 others have also received bullet injuries and are hiding in the villages. None of these persons are able to get medical help.

As the fact finding team wanted to give some medicines to the injured patients and went into Narayanpatna town for purchasing these at around 3 pm on 22nd November they were stopped by DSP Jagannath Rao and Semiliguda IIC Sarat Sahu along with some armed constabulary. After initial questions on where the team had gone and why and checking of vehicle, they asked the team to leave the town immediately or else they would have to detain the members. This warning came despite knowing the fact that two of the fact finding members were journalists.
Impact of Firing on People

All people whom the fact finding team met in the last two days are under tremendous fear that the police would kill every tribal they set their sight on including all members of CMAS. There is fear in their eyes as they spoke to the fact finding team members. They asked, “what should we do when the police comes to our village ?” When they were told not to run upon seeing the forces, they asked, “if we do not run then how can we save ourselves ? they will definitely kill us”. The women stated that they heard forces warning them in low breath that if the CMAS male members did not hand themselves over to the police then they would rape the all the women to ‘teach them a lesson’. One old woman asked us, “what wrong have we done ? We only asked for lands to cultivate and live a life of dignity and freedom from hunger ?”

People are afraid to move out of villages due to fear of arrest and are constantly discussing about what will happen to them after this. Every village we went to we found women and men assembled in their village meeting place discussing the impending dangers. They are afraid to stay in the jungles as the forces are patrolling the jungles as well. They say that if they stay in the jungles they will be hunted and killed and if they live in their villages then they will be hunted out into the jungles and then also killed. “So either ways we die”, tell the women.

The leaders of CMAs have several questions : why did the police not use tear gars to disperse the tribals if they thought there was going to be a law and order situation ? Why were rubber bullets not used ? The firing took place within half and hour of the protest rally so how did the police state that they gave the people adequate opportunities to break the rally and disperse ?

The CMAS leaders also asked us, “when the police comes attacking us in our villages we do not retaliate and kill them ? In fact we allow them to search us, our homes and even beat us up mercilessly ? So why did police kill us when we came to their home to seek answers to simple questions ?” They told us, “even if we had snatched the weapons we could not have fired because we do not know how to use them ? So how did we become threats to the life of the OIC or the IRB guards standing on the rooftop ?”

They asked us to reflect on why would they, the tribals, want to attack the police in their own compound ? And why would 200 tribals come to the police station to loot arms when the OIC did not even have a gun on him when they confronted him ? They explained to us that the IRB guards stationed on the roof, who fired at the crowd, were beyond the reach of tribals and hence it is impossible that they were trying to snatch their weapons at the roof.

A very pertinent question was asked to us by a few tribal youths at a meeting in a village of Kumbhari Panchayat. They told us that the Government wants tribals to keep peace and help the Government and use democratic means to state their complaints. But the CMAS members asked us, “why should we help Government when it has not even given us our basic survival needs like PDS, NREGS, schools and health ? Government forced us to fight for our survival but killed us because we went to ask them a question ? Is that so undemocratic ? And what the police did to us, is that what you call democracy ?”

The fact finding team also observed that the local mediapersons have not been reporting the truth behind several facts of the firing incident and are tracking movement of other reporters and fact finding teams visiting the area. They are conveying this information to the local police. The team felt very strongly that local mediapersons were doing this with malafide intentions.

Fact Finding Team Members

1. K Sudhakar Patnaik – Senior Journalist
2. Manoranjan Routray – Journalist
3. Sharanya – HumAnE, Koraput

AWARD MANIA HARMS RTI MOVEMENT: WILL INFORMATION COMMISSIONERS STAY OFF THE TRAP?

Subhas Chandra Pattanayak

The Right to Information movement in India is in severe jeopardy because of award mania created by a private combine styled as ‘Public Cause Research Foundation’, hereinafter called the foundation, comprising three persons, Arvind Kejirwal, Manish Sisodia and Abhinandan Sekhri. This combine has, in name of the nation, instituted awards in three segments in RTI implementation mechanism, such as (1) Information Commissioners, (2) Public Information officers and (3) citizens active in use of RTI Act.

When the Information Commissioner selected as “most outstanding” for having enabled access to correct and complete information to maximum appellants and enforced RTI Act in its true letter and spirit would be awarded with Rs.2 lakhs cash and citation as the best IC of the year, two Public Information Officers marked for providing complete and correct information in maximum number of RTI applications within the prescribed time limit and/or for having made special efforts in providing information to the applicants, would each receive a citation, a plaque and prize money of Rs. 2 Lakhs where as prizes of the same pattern would be awarded to two of the citizens who should have created maximum public impact by using RTI Act, the Foundation has declared.

The awards are “an effort to celebrate honesty and openness in public service”, claims the Foundation. This is saying in other words that the RTI implementation machinery is infested with dishonesty and clandestinity. From this perception the Foundation proceeds to find out if there is any exception.

It has floated a body with misleading title like the National RTI Awards Secretariat.

And, the so-called secretariat has hand picked preferred persons to act as “National RTI Awards Jury” as if it enjoys national approval with the power to select the “winner(s)”!

And, what they have done?

They have made a report of selection, which, according to Central Information Commissioner Prof. Dr. M.M. Ansari, “is so flawed that it is not worth even the paper on which it was written”.

Putting his reactions to the revealed ranking under the caption “Flawed Logic and Specious Conclusions”, Prof. Ansari has noted that the parameters adopted for valuation of Commissioners “can best be described as voodoo statistics and methods which will not stand scientific scrutiny even for a moment”.

Suggesting that the Foundation’s exercise is obviously an act of award-fixing, Prof. Ansari has cited some instances. Such as, he says,

“Mr.V.V. Bhorge (Information Commissioner, Maharastra) has disposed of 4593 second-appeals, out of which in 989 cases, he had issued affirmative orders in favour of the appellants. He had imposed 126 penalties on errant public officials. Mr.Bhorge has been ranked as one of the five worst Commissioners.

Now contrast this with the indulgence with which the authors have treated Mr.D.N. Padhi of Orissa. Mr.Padhi has decided 423 cases, out of which in 361 cases, he has decided the appeal in favour of the appellant. He has imposed 40 penalties. Mr.Padhi has been ranked as one of the best five Commissioners.

Now contrast Mr.Padhi’s performance with the performance of Mr.Bhorge and you will find how lopsided and erratic have been the self-appointed evaluators of the performance of the Commissioners. Mr.Bhorge has decided a much larger number of cases than Mr.Padhi. He has imposed a far larger number of penalties than Mr.Padhi and the number of cases in which he has decided in favour of the appellants are about as many as Mr.Padhi’s own. And yet in the estimation of the authors, Mr.Padhi is one of the five best Commissioners and Mr.Bhorge is one of the five worst under Pro-disclosure category and Overall Public Satisfaction category”.

The award-fixing was so certain that the so-called Secretariat of the Foundation had congratulated Padhi for having been adjudged “best” amongst CICs. As Prof. Ansari’s analysis hit the internet and RTI activists started censoring the report of the jury, the so-called Secretariat of the Foundation has issued a Press Statement to say that it had not congratulated a CIC on being adjudged “best” in ranking.

The statement begins thus: “National RTI Awards Secretariat denies it has “congratulated” some information commissioners for being “best” or “topping the rankings” of information commissions

… and clarifies that rankings, released by the Secretariat to the media on October 21, 2009, are interim rankings, subject to change in the coming days; final rankings will be decided by the Jury on November 27, 2009”.

This quoted portion of the statement being the Foundation’s official version, one is at loss to understand as to why certain words are suppressed under dots in the second paragraph. Read with a State Commission tampering with its own website as exposed in these pages under our caption “Orissa CIC embarrasses the State by suspected self-glorification” on November 10, 2009, these undefined dots in the preceding paragraph generate fear that a few RTI activists, hand-in-glove with fellows suffering obviously from recognition crisis amongst the implementation executives , have taken the nation for granted and have used the fine art of manipulation in the award fixing business, all in the name of democracy.

Whether or not the so-called Jury changes its earlier decision on November 27, the RTI movement has already been injured under the award mania.

It would be proper for Government of India to instantly ban any award of cash prize and / or citation for any Information Commissioner by any individual or outfit. It would also be proper to ban acceptance of any such cash prize or honor by any in the RTI implementation machinery. But it would be more appropriate for Information Commissioners to stay away from receiving any such award from any private or official entity as sanctity of RTI movement needs to be protected in the greatest interest of democracy.

JB IS THE BEST CHOICE

Subhas Chandra Pattanayak

If Man Mohan Singh government in the center could at all be marked for having done any good to democracy, choice of Orissa’s former Chief Minister J.B.Pattanaik for posting as a Governor should form the reason.

JB joined power politics from the podium of journalism. Orissa’s history of journalism cannot be written without dedicating sufficient space to JB. As a mainstream editor he had given journalism the edge to make administration answerable to the people. His contribution to journalism as editor of Prajatantra for 15 years and editor of The Eastern Times for around 14 years were so unique that when he relinquished them, both the papers suffered irrecoverable decline despite all out attempts of an excellent fund raiser like Dr. Harekrishna Mahtab and an illustrious editor like Sriharsha Mishra where as, the Paurusha, a monthly Oriya digest that he started became an instant household name in Orissa.

It is not to be ignored that before adopting journalism as avocation, JB had taken Congress as a mission. He was elected to head the State Youth Congress in 1950 when elections were based on devotion to people at the bottom rather than to a person at the top. So, after decades long role as an editor, when he joined parliamentary politics under the Congress umbrage, that was just a toggling into one from the other constituent of the twin forums of service to people – Press and Politics- available to social activists beyond the boundary of service codes and earned salaries from the State exchequer.

In politics, he has served India as Union Minister in two terms and Orissa as Chief Minister thrice over and above having served his home State as Leader of Opposition and PCC President. The Congress Working Committee has benefited from his participation for decades and he is marked to have influenced thinking process of many a Prime Ministers.

But politics has not detracted him from pursuit of letters.

It is proper that he is preferred for the Governorship of Assam, the State where letters form the crux of pride of the nation.

Development of Electricity Market Through Trading and Power Exchange

At Orissamatters, we have elaborately discussed electricity matters in Orissa. The state is in the verge of power famine. Now the scenario is being discussed by three leading experts. We invite you to the critical discourse.

Shri Nagendra Nath Mahapatra
Senior Consultant, OERC

Shri Manas Kumar Das
GM,Reliance Energy Trading

Miss Sandhyarani Behera, CESU

0.1. Trading in general has been defined as a business / commercial transaction especially those of buying and selling of commodities / products. As per Sec – 2(71) of Electricity Act, 2003, Power Trading means purchase of electricity for resale thereof. Power Trading has been recognized as a distinct licensed activity as per Sec -12 and Sec – 14 of the Act and has been added as a core function in Indian Power Sector from the very date of promulgation of Electricity Act, 2003 i.e. since 10th June, 2003.

0.1. The very concept of Power Trading may seem odd in a power deficit country like India where as per Economic Survey conducted by Planning Commission, the deficit in Peak shortage is steadily rising from 12.2% in FY 2002-03 and may touch a record high of 20% of in 2012 as per Mckinsey Report. There is huge scope in Power trading in India due to leveraging on seasonal and time-of-the day fluctuations in different regions, apart from medium term mismatches as the available capacity in India are underutilized as illustrated in Tabel -1:

Click here to Read More

SHOULD WE REPORT OR NOT?

Subhas Chandra Pattanayak

Should we report or not? The question pricked the Press as the Speaker today pronounced a “ruling” that nothing beyond the business under the agenda and allowed in the Orissa Legislative Assembly could be reported.

Shocked severely by the ruling, journalists in the Press gallery were to decide to stop reporting in protest against abrupt obliteration of their working environment that the OLA was the first House in the country to have granted them under a specific law such as The Orissa Legislative Assembly Proceedings (Protection of Publication) Act, 1960.

The Government, aware of collective protests of Orissa journalists against police atrocities perpetrated on a number of members of their fraternity, sensed how the Speaker’s ruling would further embitter the Press and tried to make amendment through the Minister of Parliamentary affairs, Raghunath Mohanty.

As the House adjourned over unrelenting Opposition demand for obituary honor to farmers reassembled at 12 in the noon, Mohanty instantly stood up to request the Speaker to recall his ruling restricting reporting. “In the question hour today, Sir, you have issued a ruling. I request you to please review that ruling and to please allow the Press to report the Assembly proceedings as unrestricted as before”, he repeatedly said, while appealing simultaneously to the Press to cooperate with the House in publication of its proceedings.

The Speaker, in response, said that he had no intention to gag the Press. “I accept the request of the Parliamentary Affairs Minister. Let the friends in the Press Gallery kindly cooperate”.