Ban on Press be withdrawn, cries Corona Care

Subhas Chandra Pattanayak

The people of Orissa have the right to know how the Corona (COVID-19) care camps and hospitals are functioning.

Migrant-workers’ protest against mismanagement of camps they are shepherded into is often reaching social media through their mobile phones. It pains the heart to see that, they are forced to beg apologies for their protest.

Question is: who forced them to apologize? The people have a right to know this and any/every such murky events that occur in what the Government projects as Corona care.

On 2 May 2020, Government of Orissa has debarred the Press from locating the lacunae in the matter of Corona care. We had forthwith raised the issue and had strongly disapproved the denial of right to be informed on this mega danger to the people of Orissa.

Despite our repeated demands for sharing all the relevant guidelines and laws on what facilities they are entitled to during the stay in Corona Care Centers vis-a-vis what the State expects of them, all the official documents are in English, a language that they do not know. They do not know whether they are confined in the care centers to be pinched only or to have any medicine for immunity enhancement and counseling for morale boosting that is so very essential in meeting a crisis like COVID-19. They do not know anything about their entitlement as citizens, because they have been kept in dark by not being informed of the official guidelines in their mother tongue. Whosoever is under enforced quarantine in these centers could have been given by the authorities copies of minimum instructions in Oriya so that they might have known what to have and what to do in the camps. This minimum has not been done by the State, because of Chief Minister Naveen Patnaik’s aversion for the language of the people.

Mismanagement thus galore, the ban on reporting the camps needs be immediately withdrawn.We hope, the Chief Minister understands his mistakes and allows the Press free assess to anywhere to see for the people how the crisis is being addressed to.

Orissa High Court fails to ensure implementation of its own Order

Subhas Chandra Pattanayak

Bhubaneswar is a city of high-value-landed properties. But, it is also a city where land value is shown very low in sale-deeds and civil cases in order to bilk the State of its money in form of Court Fee.

In Nandakishore V. State, this mischief having come to the attention of Orissa High Court, a direction was given to the District Judge of Bhubaneswar at Para 11 of the judgment -2003(1) OLR-473 – that, he must “reject the plaint if the suit is not properly valued or required Court-fee is not paid”, because, that is the stipulation under Order 7, Rule 11, CPC.

Analyzing the provision, the High Court ordered, “a plaint shall not be admitted, inter alia, if there is defect in valuation or non-payment of Court-fee in accordance with Law.”

If the District Judge, Bhubaneswar admits a plaint despite it being not properly valued and required stamp duty not paid, then “the High Court should take suitable action including considering the question of efficiency of such judicial officers to function as District Judges”. (Ibid).

The High Court has never inspected the District Court of Bhubaneswar to find whether or not this Order of it is being honored. But, on the other hand, it has failed to protect its order when instances of willful violation thereof by the District Judge has come to its attention.

C.S.No.38 of 2005 is an instance.

Two lots of landed properties worth Rs.1,16,18,138/- as per valuation determined by competent authorities of the State, had entered into this suit, where the plaintiffs had shown it as a property worth only a sum of Rs.1.5 lakh and the Civil Court had accepted the plaintiffs’ own valuation in stark disobedience to the High Court Order cited above and accepted a paltry sum of Rs.5,100/- only towards Court fee.

An OP in the suit, apprehending that this stark undervaluation, once judicially accepted, would lead to ruin of the real value of the share of that OP, raised an objection on the valuation of the suit. The Civil Judge kept the objection to be taken up at the time of the final hearing.

This was a blatant violation of the Provision of Law as well as that of the order of the High Court, as the provision of CPC and the mandate of the High Court unambiguously direct that the Civil Judge must ensure proper valuation of the property and take payment of proper amount of Court fee as prerequisite to admission of the plaint, which, otherwise must be rejected.

As the records show, the matter has gone repeatedly to the High Court seeking implementation of its order of 2003. But at no point of time the Court has thought it prudent to ensure that its order be implemented.

However, on 26.7.2019, a District Judge then in Chair, could appreciate the issue and directed the plaintiffs “to deposit the stamp duty” as per official valuation, before proceeding further with the case.

This Order has been challenged in C.M.P. No.939 of 2019 and the High Court has stayed the same on 20.12.2019 till disposal of the same.

It is intriguing that the Govt. of Orissa has not shown any interest in the matter even though the treasury has been bilked of a very huge sum of money in form of stamp duty. The Government Pleader is missing in the records of the case after filing the valuation report prepared by the competent authorities.

The Public is in jeopardy on five counts:

(1) That, the responsibility of the G.P. to protect public interest in timely collection of proper amount of stamp duty is not visible;

(2) No action as pronounced in the judgement in Nandakishore vrs State (cited supra) has been taken so far against the District Judges that have not rejected the case in view of the discernible under-valuation and nonpayment of proper amount of stamp duty;

(3) The plaint is still alive, despite not being properly valued and required Court-fee not paid, when in such cases, the law has given only one option to the District Judge, i.e.rejection of the Plaint;

(4) In interpreting the provision of Order 7, Rule 11, CPC, the High Court had mandated in the Nandakishore case that, if there is defect in valuation or non-payment of Court-fee in accordance with Law, the plaint shall not be admitted. Therefore, admission/non-rejection of the plaint despite defect in valuation and non-payment of Court Fee in accordance with proper valuation, is a clear case of contempt of the High Court. Yet, there is no contempt case against the judge that admitted the plaint and against the judges that have not rejected the plaint so far; and

(5) In the cited case, it was mandated that, the High Court should take suitable action including considering the question of efficiency of such judicial officers to function as District Judges. On becoming aware of the illegal admission of the plaint, the High Court should have reviewed the “efficiency” of the judicial officers to function as the District Judge(s). But it has not done, as a result of which the gravity of the quoted order of the High Court has been lost. This is a great loss to the public that pride in the inviolability of their High Court.

We have nothing to say on what shall happen to the case before the District Judge, Bhubaneswar or the C.M.P. in the High Court. But in our duty to the people, we have to emphasize that, the High Court should ensure implementation of its 2003 order in Nandakishore case and initiate action against the judicial officers that have made a farce of the Law and the High Court in C.S.No.38 of 2005. Had the high Court any right to kill its own order quoted supra, we could have wished that; but the High Court cannot do that,as it has no power to kill or nullify Order 7, Rule 11, CPC.

The public has the right to be free from the five-point jeopardy enumerated above, as otherwise the law shall become a conundrum.

Increase in number of work-hour: No, No, Never

Subhas Chandra Pattanayak

The increase in the number of work-hour from 8 to 12, by government of Orissa has been strongly objected to by the labor front of the Communist Party of India, the AITUC.

At the Capital City Bhubaneswar, AITUC National Secretary Ramakrushna Panda, State deputy General Secretary Bijaya Jena and Dist. Secretary Sura Jena took the lead in the protest and demonstrated at Janpath with placards in their hands and raising slogans. The demonstrators presented a Memorandum to the Chief Minister of Odisha to withdraw forthwith the 12 hr. work day announcement in the wake of Carona Virus Crisis supporting the anti-working class lobby of Corporates and Capitalists without any consultations with the Central TUs. Among other demands were included safe bringing of the suffering migrant labourers back to their respective villages and providing them with employments and substantial financial help for their survival; providing all the unorganized sector workers, daily wage earners, self employed persons and artisans at least Rs. 7500/- each for three months; strengthening and regulating the PDS and providing ration to all that are bellow the income-tax paying status and declaring Covid-19 Warrior status for the Anganwadi & Asha Workers and other frontline health workers and providing them with Carona protective materials and Insurance coverage etc. Among others Jatindra Ray, CVN Rao, Gohi Govind Besra, Satyabadi Bag Kailaswh Puhan, Bhramar Rout, and others also led the demonstration.

In Baleswar and Chandipur, Gouranga Panigrahi, Bhagabat Pratihari, Jayanta Das, Shyam Sundar Jena, Niranjan Panda, Jatin Patra, Prativa Pal, Akhay Tripathy , Bandana Biswas, Mohini Mohan Parida led the demonstration. Similarly, at Jaleswar: Laxmipriya Das; at Baripada of Mayurbhanja dist., Prasant Mishra, Jagabandhu Mishra, Srikant Samal; In Kendujhar district at Badbil: Kapil Mohanty, Hrudananda Pradhan, Tapan Barik; at Joda: Anil Chatambar, Kuna Karwa; at. Guali: Lipu Patra and at Jurudi : Bidyadhar Mahant , Kanhu Samal; in Ganjam district at Kabisurya Nagar: Prabin Dash, Sudarshan Swain and at Digapahandi Alakanath Mishra; in Sundargarh district State AITUC president Ashok Dash and Kamal Sandh; at Rourkela Steel City Sadananda Sahu and Santosh Dash; at Sambalpur: N. Gopal, Dhrub Ch. Behera; in Kalahandi district at Junagarh: Damodar Behera, Akhay Kumar Meher, at Dharmagada Jagdish Durga and at Kantabanji Gopal Bhoi and Pandab Bhoi; in Jayapur(K): Pramod Ku Mohanty, Judhisthir Raul and Ramakrushna Dash; at Cuttack: Amarendu Mohanty, Binod Kumar Behera and Rama Ch Behera; at Jagatpur Ind. Area: Sanatan Biswal, Udaya kesari Burma, Manas Kumar Raut, Ranjan Kumar Sahu and Dilip Parida; at Nischintakoili: Trailokya Nath and Konduri Patra; and at Badamba: Ajay Samantray, Soudamini Das; at Kujanga: Jinmayee Sahani, Subash Mohapatra, Ajay Behera, Bishnu Muduli, Hrusikesh Nath; at Paradeep IOCL: Subash Mohapatra, Salil Samantray, Rabindra Mache; at Jagatsinghpur Satya Ranjan Mohanty, Rosalin Das, Biraja Pr. Mohanty and Somanath Giri; at Boudha: Abakash Sahu and Sudhansu Pradhan, Dilip Sahu, Prafulla Nayak and Pradeep Sahu; at Dhenkanal Harapriya Swain; at Odapada: Sufala Mohapatra; at Kandhamai: Sisir Mallick; at Satyabadi of Puri dist. Laxmipriya Mohapatra; at Balichandrapur: Karunakar Moharana and at Kendrapara dist centre Babaji Dhal, Ratnakar Das, Abhay Das, Ramani Ranjan Routray took the leadership of the protest day movement and also presented memorandums to the Chief Minister of Odisha.

Here are a few pictures:

Workers need be saved from the plutocratic design

Subhas Chandra Pattanayak

Under the cover of Corona, Orissa Chief Minister has played the nastiest tricks on the poor workers by allowing the machine owners to force them work for 12 hours a day instead of 8 hours.

Since long, the avaricious industry owners and their association had been putting pressure on the governments- both at the Center and in the State – to help them get more works done with less number of workers.

Corona gave Prime Minister Modi and Orissa Chief Minister Naveen Patnaik the golden opportunity to fulfill their desire.

Calculatedly the surprise lockdown was clamped down on the country on March 24. Industries used the lockdown to eject the workers out of their job in order to ruin their morale. Mostly migrant, they were pushed into utter disadvantage, with no scope to return to their home-states because of the lockdown.

When they were no more in a position to use their collective power against exploitation, a gang of Secretaries in the Modi Government met on 13th April and resolved to enhance the working period from 8 hours to 12 hours a day. The justification for mischief was social distancing. If the industries would function with full workforce, social distancing may not be maintained, they argued. Hence a reduced number of workers with longer working hours was shown to be the solution. Modi must have felt that, immediate implementation of the Secretaries’ recommendation may generate strong resentment, as the workers were not completely pushed into pusillanimity. So, to multiply their disadvantage, the lockdown was extended till May 3.

But in Orissa, the chief minister and his close mandarins are too crafty to be challenged by the working class. On May 8, Orissa changed the hours of man-days from 8 to 12 hours. The Government had no qualms in admitting that the decision is taken in accordance with the wishes of industries and their association. Below is the extract of the Government order.

Considering the representations of certain Industries and Industry Associations, Government of Odisha has decided to provide certain relaxations for industries and commercial activities from 20th April, 2020.

As if the heart of the Chief Minister is bleeding for the workers, the document says that the workers are begging to work for more than 12 hours, But the Government has decided that “No adult worker shall be allowed or required to work in a factory for more than 12 hours in any day and 72 hours in any week.”

The government document also wants us to believe that the female workers are eager to work for more than 12 hours in the night also. But, the Govt is so kind and considerate that, it has ordered,”no female workers shall be allowed or required to work in a factory between 7PM to 6AM unless specifically permitted by Government in this regard.

It has so coined the order that the workers shall have to stay in the factories for at least 13 hours. But hoodwinking as is the wont of Sri Naveen Patnaik, the document created by his government curiously says: “The total spread over shall not exceed 13 hours.”

So, the industries and their association wanted to engage less number of workers for more number of hours and the Government obliges them by ruining the morale of the workforce.

The workers need be saved from this plutocratic design that has been promulgated under the cover of Corona virus.

Ranjan Kumar Das: Orissa’s 2nd Martyr to the cause of the Mother Tongue

Subhas Chandra Pattanayak

Ranjan Kumar Das, M.A. (History), also an accredited tourist guide, was murdered in the night of 31 January 2020, because his plan to tour the entire State of Orissa in cycle along with his friends for removal of wrong caused to Oriya language had created panic in the Government.

In fact, when the Government of Orissa had damaged the Orissa Official Language Act, 1954 by a wrongful amendment in 2018 and succeeded in weakening the Bhasha Andolan by taming its founder’s close colleagues,it is Sri Das and his colleagues in the Right to Information Campaign, who had rejuvenated the movement by braving highly inclement weather in a very rare feat of walking demonstration from Satyabhamapur, the birthplace of Madhubabu (Madhusudan Das), revered as the real creator of Orissa to the Bhubaneswar podium of Nabababu (Nabakrushna Chowdhury) the creator of Orissa Official Language Act, covering a span of around 60 kms, under the scorching sun. His RTI activism had irritated a gang of local miscreants, the Government had known. When his plan to lead a cycle campaign all over Orissa in support of the Bhasha Andolan created panic in the anti-Oriya Government, the said miscreants were used to kill him.

Son of Laxmikanta Das of Manikapur under Patkura PS, once the political sanctuary of Biju Patnaik,known for his blatant aversion to Oriya Language, Ranjan’s body after the cruel murder was thrown near an abandoned cottage at nearby village of Beruhan in the Marshaghai PS.

Police is not taking any action despite elapse of more than 100 days, as it has no courage to unveil the truth. Thus, he is a martyr to the cause of the Mother tongue Oriya. The first one was Pt. Laaxminarayan Mishra of Sambalpur who was the first to have moved the Assembly to make Oriya the Official Language of Orissa by creation of an Act to that effect. His murders were never prosecuted and punished.

Embedded here below is a video created by Ranjan Kumar Sahoo C.A.

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

Subhas Chandra Pattanayak

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

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

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

Navakalevara: Legends and reality

Subhas Chandra Pattanayak

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

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

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

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

  Read more →

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

Subhas Chandra Pattanayak

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

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

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