Offense Against Oriya Language: India’s National Academy of Letters Collaborates with Hijackers of Sahitya Award,2011

Subhas Chandra Pattanayak

Climate of corruption has so severely affected India that even the National Academy of Letters – the Kendra Sahitya Akademi – is being looked at askance as the breeding center of clandestine deals and favoritism in selection of books for annual awards that the nation offers to the best of works in Indian languages .

Selection of Achihna Basabhumi, authored by Kolkata based Kalpana Kumari Devi, with a dubious dateline of 2009 for its annual award in Oriya language for the year 2011 has regenerated this suspicion.

It is seen that the book was not in the ground list prepared for the purpose of selection. Therefore, it is clear that it was inserted into the short list placed before the Juri from beyond the ground list prepared by the expert appointed by the Akademi.

Whosoever had made this book included in the list before the Jury, can certainly be held as the main manipulator of the award. The Akademi is not disclosing the name of whosoever has clamped this book on the Jury beyond the ground list.

The Jury was legally bound to reject this book on two grounds: firstly, for use of derogatory words against lower caste people as shown in these pages earlier and secondly, for absence of materials that should have shown the book as the “most outstanding” one to merit the national award. An attempt to evaluate how far it was the “most outstanding” could have revealed that its claim to have been published in 2009 to qualify for consideration for the award was dubious. But no such attempt was made, because, the Jury was either gained over by whosoever had lobbied for this book or was too pusillanimous to use its wisdom against pressure from the Akademi to recommend this book for the award.

So, surely the Jury has failed to perform its assigned duty in the manner stipulated in the Rules of the Akademi and, as subsequent discussion would show, has done the worst possible damage to the dignity of Oriya language by dancing to the tune of award hijackers.

Unless, its recommendation in favor of Achihna Basabhumi is rejected by the Akademi, its credibility and the dignity of the award would remain impaired, to the chagrin of all who love their language.

Rules of the Akademi raped

At least 50 % of the members of the Akademi’s Oriya Advisory Board (LAB) have told me that they had not suggested any name for appointment as expert to prepare a ground list for the award.

All of them have told me that they do not know the name of the expert who prepared the ground list with books that were not to be considered “most outstanding” on the matrix of the Rules.

Rules stipulate that, from amongst the persons recommended by the Board members, one or at best two would be appointed by the Academy President as expert or experts, to prepare the ground list of books eligible for the award.

When Board members had not recommended any person for appointment as expert, where from the Academy President got a man to prepare the ground list?

It is apprehended that the so-called expert was either a ghost expert or was appointed by manipulation; because, it is discernible that the ground list was prepared by a sophomore, not an expert on Oriya literature inasmuch as 11 books out of the 16 in the ground list belonged to a single publisher, which also included two of his own titles and one of his wife. Had an expert or a team of two experts, as provided for under the Rules, prepared the ground list, then 11 out of 16 books could never have come into that list from a single publisher.

Mafias in Academy loot the awards

The selection of Achihna Basabhumi, also of the same publisher of the afore said 11 books, inserted into the shortlist from beyond the ground list, for the national literature award 2011, as the most outstanding book published in Oriya language during the relevant period has provoked even the superbly polite and gentle face in Oriya literature, Sri Satakadi Hota to say before TV cameras that Sahitya Akademi Awards are being looted like mafias loot the mines. Sri Hota is a member of the General Council of the Akademi with enough experience in its functionalities. In an interview, (Chhota Srustira Samahar Chandan: Vol-V, Issue 1) he has not only corroborated his telecasted version, but also has put it on records that for the last few years he has been consciously watching how the Sahitya Awards are being fixed in contravention of the Rules, willfully carried out.

Another noted activist in the area of Oriya literature, Journalist Barendra Krushna Dhal, has even resigned from the Akademi’s LAB in protest against favoritism resorted to in selection of this book, specifically as, to his observation, the Akademi is incorrigibly corrupt in such selections.

Noted poet Rajendra K. Panda, also a member of the LAB was so shocked by selection of this book that on 22 December 2011, he had to share his feelings on his facebook wall in these words: “I woke up with a surprise. Kalpana Kumari Devi has been selected to receive this year’s award of Sahitya Akademi for Odia. I confess, I have not read any of her books; it shows my ignorance. Of course, I had seen some of her short stories years back; they were lackluster; may be, she grew in her dimensions later, about which I didn’t know”.

Deceitfulness of Chandra Sekhar Rath

These reactions had provoked author-cum-journalist Asit Mohanty, who also leads the Mukta Sahitya Manch, to meet one of the selectors of this book, Jury member Chandra Sekhar Rath to find out how and why this book was selected for the coveted award. The text of the interview is published in Orissa’s top circulated daily, the Sambad, on 3 January 2012. Here, in answering to Mohanty, Rath has vomited that he succumbed to the pressure from the convener of the Advisory Board, Bibhuti Patnaik in selection of this book.

More shocking than the allegation against Bibhuti Patnaik is the dastardly deceitfulness of Rath as revealed in this interview. He has no qualms in saying that, though reluctant to chose this book for the award, he was morally bound to select the book. “I am aware of the dissatisfaction in the public over selection of this book and I have no hesitation in saying that I am also not satisfied. But, by this, I am not trying to disown my responsibility. Coincidentally I had to be a part of this decision and I am dissatisfied with myself for what I had to morally do”, he has said.

Hypocrisy! could there be a different name of thine?

Rath was asked: Have you any objection to reveal the names of the books that were before the Jury for selection? Instead of revealing the names of the books, he has rushed into saying how the award was fixed.

Pointing out that the kingpin in award fixation was the regional secretary of Sahitya Akademi, Ramkumar Mukhopadhyaya, Rath has said, it is this official, who, beyond known provisions of the Rules, imposed upon the Jury Sri Bibhuti Patnaik to preside over and participate in final selection of the book for the award.

“To my knowledge, role of the convener is limited to organize the session of the Jury and to provide the Jury with unrestrained opportunity to take the decision. Participation of the convener in decision making was an unknown proposition. But as the regional secretary of the Akademi himself gave this direction, even though surprised, I did not feel it necessary to seek clarification on the new rule and kept quite. As such, in place of three members in the Juri, we became four. Then voice of the convener remained predominant from start to end of the session”, has said Sri Rath.

Is it expected of Sri Rath, a man of seniority and fame as a writer, to indulge in such acrobatics that clearly is designed to mislead the people?

If the Akademi secretary had wrongfully instructed that the session of the Jury was to be controlled by the convener and the convener was jumping his jurisdiction and imposing himself upon the Jury, why had he not objected to that in the meeting on records?

If it was a foul play against our literature, why did he not try to foil it on the spot?

Is it not an afterthought to divert public attention from the farce, he, as a member of the Jury, has made of the award?

Is it not a design shrewdly contrived to escape exposure by throwing the mud to someone else?

If he has any honesty, he should answer these questions.

However, as Rath has alleged that the decision of the Jury was influenced, we would like to go further into what he has said. Because history of offense against our mother tongue needs be kept on records.

He has said, “From amongst us, a member at the start of the session stated that there was no book in the list that could be considered as outstanding to qualify for the award. I politely differed. Because, to my impression, all most all the authors under consideration were eminent and accordingly, all the books were fit for the award”.

To him, all of the books placed before the Jury were so superb that it was difficult to reject any of them. “The problem with me was not in selecting one of the books; it was in rejecting the rest ten titles”, he has said.

If he is true in his this statement, why has he, as quoted supra, declared, “I have no hesitation in saying that I am also not satisfied” with selection of Achihna Basabhumi for the award?

Let him clarify, if he likes.

But let us proceed to see what further he has said.

He has said, “I had proposed that one book each from the four segments of literature be chosen first and from those four books, in the second stage, the best book be recommended for award. But the convener declared that there was no necessity of a second shortlist and insisted upon selection from the novel segment alone.I cannot say if the book now selected could have come into the list if the second shortlist should have been prepared. Yet, as because the proposal for the second shortlist was harped on, two or three books were discarded in a haste. Difference of opinion also had arisen. When a particular novel was influential to a Jury member, it was discarded because of views that the same was not at all a novel. Another novel was kept out of consideration, because its author was considered young enough to wait for awards. The third one being the only one of that year, besides being a compilation of published materials, was considered unfit for the award. In all such decisions, the tone of the convener was the dominant tone. Then, he placed the (now selected) book with his supportive opinion thereon”.

Thus saying, he has further said, “My personal predicament was that, if I was not supporting him, then difference of opinion was a must. But, adoption of his proposal by majority support was a certainty. The second predicament was, failure to take an unanimous decision in favor of a book would not be worthwhile in national arena. And, works of letters of this area would not be free from controversy. So, without going into any argument, I put my signature of approval thereon. This is for me, a defeat on moral ground. May be, I do not possess the required courage and ability for impartial evaluation needed for a clear, fearless decision”.

If Rath was really addressed to dignity of Oriya language, he should not have bared the Jury proceedings in such a style. And, if what he has divulged is factually correct, why has he not tendered his resignation as yet, specifically as he now confesses that he does not possess the required courage and ability for impartial evaluation of a literary work needed for delivering a clear fearless decision in matter of awards?

Convener’s clarification

Convener Bibhuti Pattanaik issued a clarification in print media, from which it transpires that out of the 11 books placed before the Jury, only six books somewhat had got mention in the discussion. They were, besides Achihna Basabhumi of Kalpanakumari Devi, Aranyare Yetedin of poet Hara Prasad Parcha Patnaik, Kanta O Anyanya Galpa of Gourahari Das, Chitra Turaga of Padmaja Pal, Mukti Yuddha of Satakadi Hota and Paunshagadara Sunara Dhuli, Mo Dhanamali of Debraj Lenka.

Out of these six books, three books – Kanta O Anyanya Galpa, Chitra Turaga and Mukti Yuddha – were from three different publishers and the rest three books were from the same publisher who was favored with 11 of his published titles in the ground list of 16 books.

When, to Jury member Debdas Chhotray, as informed by Sri Pattanaik, none of these books were “outstanding” to merit the national award, Chandra Sekhar Rath had put his preference on Parichha Patnaik’s Aranyare Yetedin and Pal’s Chitra Turaga. The other Jury member Shrinibas Mishra had declared from the beginning that none of the books except Kalpanakumari’s Achihna Basabhumi had any merit for the national award.

As the agenda of selection was shepherded into the limits of novels alone, Parichha Patnaik’s as well as Pal’s works were kept out of purview of the Jury.

In such circumstances, both Chhotray and Rath were prevailed upon to expand their views, whereupon, Chhotray announced his first preference for Debraj Lenka’s Paunshagadara Sunars Dhuli, Mo Dhanamali and second preference for Achihna Basabhumi.

When Rath was reluctant to prefer Lenka’s book on the ground of some indecent expressions depicted therein, Mishra had found Hota’s Mukti Yuddha unfit for the award on the ground of projection of Naxalites therein as freedom fighters.

So, taking into accounts the first preference of Mishra and second preference of Chhotray for Achihna Basabhumi, this book was selected for the award whereto Rath also subscribed his endorsement in the meeting itself, Pattanaik has said.

Wrongs rampant

But this clarification issued by the convener has bared how wrongs are rampant in selection, exposing inter alia his own wrongful participation therein.

Even as he has not countered Rath’s allegation that the Akademi’s regional secretary Ramkumar Mukhopadhyaya had clamped him on the Jury to preside over its session, he has, on his own accord, said that he has intervened in proceedings of the Jury. As for instance, he has said, “I had first stressed upon limiting the selection to novels only as from this segment more numbers of books had come into zone of final consideration” and when consideration was thus shepherded into the arena novels only, “I objected to taking cognizance of Debraj Lenka’s 98 page book as a complete novel”.

Had the convener thus not steered the selection process, Parichha Patnai’s beautiful poems compiled in Aranyare Yetedina (I have read this book so may times, every time feeling its freshness) or Gourahari’s stories in Kanta O Anyanya Galpa or Pal’s Chitra Turaga might have been chosen for the award beyond the segment of novel.

In the segment of novel, the only segment adopted for award, the selection seems to have been fixed.

Hota’s Mukti Yuddha was discarded, as to perception of Mishra, it equated Naxals with freedom fighters. Is quality of literature to be weighed on whether or not the author supports economy of inequality? Nonsense.

Lenka’s Paunshagadara Sunara Dhuli, Mo Dhanamali was rejected as the convener refused to accept it as a complete novel and Rath found in its pages certain expression that did not commensurate with standard language.

It is surprising that this Rath did not find any objectionable expression in Achihna Basabhumi though derogatory words are used against people of lower castes many a times in the book. Is it upper caste class design?

The convener may throw necessary light on this aspect.

Like Hota’s powerful novel Mukti Yuddha was discarded because it eulogized the revolutionaries, Paricha Patnaik’s Aranyare Yetedina was kept out of consideration, because it had also certain poems therein like Mukti Yatra that despite putting premium on patience, eulogized the Naxal activities in an environment of exploitation.

Was it because it was necessary to keep every iota of progressive expression out Sahitya Award to please the government run by right viruses?

The convener may throw necessary light on this aspect.

But who will be responsible for the gang rape on the Akademi’s reigning Procedure that govern the award?

Gang rape of Akademi’s reigning Procedure

Akademi’s reigning Procedure lays down under the head of “The Jury and its Functions” that:

The recommendations of Referees in the Preliminary Panel shall be considered by a three member Jury. The Jury members shall be selected by the President after considering the recommendations in this behalf by the members of the Language Advisory Board concerned.

The Akademi shall purchase the books recommended by the Referees in the Preliminary Panel and send them to the Jury members and to the Convener.

The Convener shall act as the link between the Jury and the Akademi. He/she will ensure that the meeting of the Jury is conducted properly and satisfactorily and will countersign the report of the Jury.

The Jury members shall, either by consensus or by majority, recommend a book for the award. They may also recommend that, in their opinion, no book is eligible for the award during the year. In the event of a member not being able to attend the meeting, he/she may convey his/her view in writing.

In view of these stipulations, there should have been only a three member Jury to examine the Oriya books placed before it and to select one of them for the award. The convener having admittedly participated to the extent of intervention in the proceeding of the Juri had de facto turned it into a four member body in contravention of the Procedure even in the presence of the regional secretary of the Akademi, who according to what Rath has stated, had clamped him on the Jury to chair over it.

According to the procedure noted above, the role of the Convener was limited to acting as the link between the Jury and the Akademi. He was to ensure that the meeting of the Jury was conducted properly and satisfactorily; but not to intervene in proceedings thereof. But as he, on his own accord, has disclosed, he intervened to the extent of capturing the award by his close friend Kalpanakumari for her novel Achihna Basabhumi with all the three members of the Jury accepting his intervention under the very eyes of Mukhopadhyaya, the Akademi official. I do not know if there is any precedence of such a gang rape of Akademi’s Rules and Procedure in process of facilitating award hijacking.

Selection through sharp practice

To which book the award should be given? To the “most outstanding” book of a recognized language.

The procedure for selecting a book laid down under the head of Sahitya Akademi Award says:

Subject to the provision of rule 1(2), there shall be an award every year for the most outstanding book by an Indian author, first published in any of the languages recognized by the Sahitya Akademi during the three years prior to the year, immediately preceding the year of the award.

By way of Illustration, it is said, that, “for the award of 2004, books published between 2000 and 2002 would be considered”.

This means, for the award of 2011, the selected book was to have been published during the period covering 2007 to 2009. But the selection was done through sharp practice and in contravention of this time tag and in contempt against stipulation on “most outstanding” status of the book.

Backdated publication

The final year of the qualifying period fitting into the zone of consideration for Sahitya Award 2011 was 2009.

But the book Achihna Basabhumi was not even written by this year.

This is clear from the interview its authoress had given to Yugashree Yuganaree as is published in its edition of February 2010.

To the query as to why she had no published work since 1986, she had said in the interview, “For intervening 20 year, I had given up writing. All the responsibilities of the household were on my shoulder. Children were in their demanding childhood. Novel writing is taxing and time-consuming. (Therefore) In the intervening period I my writing was limited to short stories only. Now again I have started writing novel” (Yugashree Yuganaree, February 2010, p.7)

So, according to her own statement, she had not written novel during 20 years up to 2010. And, hence, the book Achihna Basabhumi was not written before 2010.

There is reason to apprehend that the book was not published even before 2011. This is because, the book was not found in any of the book fairs either in 2010 or in 2011.

Had it been really published in 2009, its publisher who could flood the ground list of 16 books with as many as 11 from his publications alone as against 5 from other publishers, could not have kept away the book from the book fairs.

There is no review of the book in media worth the name in 2009, the claimed year of its publication.

There was no media review of the book even in 2010 and 2011.

On the other hand, when its publisher (the owner of the publishing brands Kahani and Akshara) Girija Kumar Baliarsingh has claimed that this book was published befor November 2009, there is no trace of this book in the 6th final edition, 2009 of Odia Pustak Prakasahan Suchi (Index of Oriya published works) that has covered all the books published till end of November, 2009. It is noteworthy that this index has, in its body, as many as 28 novels published by this publisher by end of November 2009 on the basis of data supplied by Baliarsingh, the publisher. But Achihna Basabhumi does not find a place in it, because the publisher did not submit its name as it was not published by then.

The ISBN records do not show that this book was published in 2009.

But before the ink of the convener’s signature on the Jury minutes dried up on blind acceptance of 2009 as its publication year, the book has come out with its second edition, 2012. so immensely popular is this book!

If the book is so immensely popular that its first edition is sold away so quickly, how is it that no writer worth the name has seen this book as yet?

How could its first edition got sold so soon sans media review and away from book fairs? It is a conundrum to whosoever has any interest in the history of book-selling in Orissa.

Its selection for 2011 award has generated unprecedented protests in this State. It is hard to believe that there must be any amongst book lovers of Orissa to whose attention the news of its selection and protests on its claimed age has not come as yet. But none of them has given any indication so far that he or she has seen the book in 2009 or even 2010 or even 2011.

On the other hand, in trying to pooh-pooh the questions on its publication dateline, its publisher Girija Baliarsingh has, in a statement asserted that he had published the book by November, 2009, but had not marketed it, as mistakes sic passim, a complete overhaul thereof was essential. The overhauling was certainly not completed before its manipulated insertion into the final list, as otherwise, it could have been placed in the ground list obviously by a paid agent attired as expert. However, by taking refuge in the necessity of overhauling, the publisher has admitted that the book had not reached the market by the relevant year of 2009.

So the book was not really published in 2009 and hence had no qualification for consideration for the Sahitya Award, 2011.

Whosoever had enlisted this book for consideration had certainly placed a backdated publication and the Jury has certainly erred against Oriya language as well as the Akademi by entertaining this backdated edition.

Paid agent(s) in the attire of expert

In the scheme of Sahitya Award given to the “most outstanding” book in every Indian language, the role of the expert is primordial. Rules require that preparation of the ground list of “most outstanding” books must be assigned to an expert or at best two experts as the President of the Akademi would prefer.

Rules further require that members of the LAB would each recommend up to five persons for appointment as “expert” out of which the President of the Akademi will have to chose one expert, or “at his discretion” two experts to prepare the ground list “strictly” conforming “to the criteria of eligibility laid down under these rules”.

The catch word here is “members”. The Akademi must have to collect from each of the LAB member the names for appointment of the “expert(s) and unless there is a vacancy by way of death, no LAB member can be granted the liberty of abstaining from submitting his/her preferred names for appointment of the “expert”.

But the Akademi is now being used by literature “mafia” (as Satakadi Hota, quoted supra, has used the term) to hijack the Sahitya Award. This hijacking would not be possible if the Akademi appoints real “expert(s)” for preparation of the ground list. And, therefore submission of names for appointment as “expert(s) is not being stressed upon. This facilitates preparation of the ground list of “most outstanding” books by paid agents of aspirant authors and/or publishers, attired as “experts”, bagging the appointment.

This is discernible in the matter of Oriya language in 2011 award context.

As 50 % of the LAB members had told me (noted supra) so also Barendra Krushna Dhal, another member of LAB, has revealed in writing that he had not recommended any name for appointment as “expert” (The Samaja: 18 January 2012).

Thus the Akademi had no names from “members” of the LAB and hence, appointment of “expert”, if any, was improper, farcical and arbitrary.

To this so-called “expert” it did not appear prudent to pick up the “most outstanding” books from Orissa’s vast numbers of publishers/authors for the ground list by conforming strictly “to the criteria of eligibility laid down under these rules” .

The “expert” is so expert in Oriya language that the list it prepared was limited to only 16 books out of which as many as 11 books came from the stable of a single publisher!

In the circumstances, therefore, it is suspected that the “expert” was not a real expert, but a paid agent attired as expert, appointed to prepare a ground list of any books under the guise of choosing the “most outstanding” ones.

Rightly, therefore, Chhoray, as noted supra, considered none of those books as “most outstanding”.

It would not be out of context to say that when the final list for placement before the Jury was prepared, as many as 12 books constituting 75 % of the books in the ground list prepared by the so-called “expert” were thrown out as unworthy of consideration.

It shows that from the very start, the most aggressive award hijacker had inserted his tentacles into the selection system.

Labyrinth of manipulation

In the labyrinth of manipulation, selection of the “most outstanding” book did not stay a prerequisite for the Sahitya Award, as, besides the sophomore(s) attired as expert(s), a member of the Jury – Shrinibas Mishra – was, from the beginning, harping on selection of Achihna Basabhumi for the award, despite it being in noway the “most outstanding” book published during the stipulated period.

Chhotray had given his second preference to it, that shows that in his view this book was not the “most outstanding”.

And Rath, the other Jury member, who ultimately had to succumb to pressure, was, till the last moment against choice of this book. So, to him also, this book was not the “most outstanding”.

Besides, none of these three members of the Jury had taken any step to determine that this book was surely the “most outstanding” and published in 2009.

What does “most outstanding” mean?

The plain meaning of the word “outstanding” means, standing out from a group : conspicuous; and marked by eminence and distinction noticeable.

Therefore, to mark a book as “most outstanding” its comparison with other books of the group is essential. This was neither done by the “expert” while preparing the ground list, nor by the person who referred it to Jury and not by the Jury that ultimately recommended it.

A plain reading of the book vis-a-vis others in the group should also not have sufficed to show the book as the “most outstanding” even if in scheme of sequences, structure of language, style of expression, purpose of presentation and other literary properties, it would have looked sounder than its contestants in the perceptions of the Jury members; because, it had to stand the test of marketing with “noticeable distinction” and also “eminence” to come out as the “most outstanding” book of the relevant period. Exceeding others in sale is the second prerequisite on which determination of the book as the “most outstanding” rests.

Spirit of the time tag killed

The Jury members have not understood this, or if they have understood, they have not given importance to the unavoidable prerequisite that, the book chosen for the award must have exceeded other books in sale and acceptability by the readers.

The Rule requires this and therefore it has provided for selecting a book published “during the three years prior to the year, immediately preceding the year of the award”.

The sole purpose of this time tag is addressed to market study to determine as to which of the book is “most sold” to decide which one of the books under zone of consideration is the “most outstanding” book on the basis of its acceptability to the readers.

This market study was never conducted and the books were never compared on the basis of sale either by the “expert” or by the Jury and more shockingly, the Akademi has never studied the sale status of the books in run for the award to assess as to whether in readers’ view the book so selected was the “most outstanding”.

It is sad that the spirit of the time tag is killed and Rules of the Akademi are raped and rendered inconsequential as its functionaries have collaborated with award hijackers.

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ORISSA GANA SAMAJA THANKS THE MEDIA

Orissa Gana Samaja joint conveners Prasanta Patnaik and Rabi Das have expressed their heartfelt gratitude to all the members of print, electronic and web media for giving adequate coverage to all the programs of the movement of the Gana Samaja in connection with Pipili gang rape case and to press the 8-point demands of the Samaja.

In a statement, both Patnaik and Das said the media persons and organizations have played a commendable role in highlighting the issue and creating massive public
opinion against the criminals, police officers, politicians who were trying to suppress facts for reasons best known to them . Media also played a commendable role in exposing the alleged criminal  negligence by the police and the medicos in providing timely treatment to the victim.

Orissa Gana Parishad hoped that it will get continued cooperation and encouragement from all friends in the media in future for the best interests of the people of Orissa.

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.

Hindol Tangle: Will the Truth Really Prevail?

Subhas Chandra Pattanayak

Nabaghan’s alleged letter to Police Superintendent (SP) of Dhenkanal district, according to news, is carrying his signature as evaluated by the State Forensic Laboratory. In this letter, he is alleged to have alleged that there was threat to his life from his area MLA Ms. Anjali Behera, rewarded by Chief Minister with elevation to the cabinet rank from Minister of State.

This evaluation of the Forensic Lab has ignited a new demand for immediate dismissal of Ms. Behera from the Council of Ministers and her arrest and prosecution for extermination of Nabaghan, her alleged political rival and detractor in the constituency.

Even, in a panel discussion in Kamyab TV last evening, Sri Narendra Swain, a Secretary of BJD, the party of Anjali to which Nabaghan also belonged, has asserted that action would certainly be taken against the district SP as his inaction on Nabaghan’s letter culminated in his killing. Had the SP diligently acted, Nabaghan might have been saved, he has said. There is no dearth of political sophomores in BJD to vomit nonsense in public forums and therefore I am not inclined to put any premium on what the BJD secretary has unauthorizedly said in the Kamyab TV panel.

When the matter is sub judice, the BJD secretary’s assertion is absolutely irresponsible; because, it is to be determined whether or not the letter in question has any real relevance to Nabaghan’s death.

But commonsense suggests, if the rivalry between the two top BJD leaders of Hindol – Nabaghan in the chair of the Chairman of the Panchayat Samiti as against Anjali’s position as MLA – had gone into the extent of threat to life, the ruling party must have noticed the acrimony.

If Nabaghan could write this alleged letter to the SP, he must have written to his party and the party supremo several times before writing this alleged letter about the threat to his life from the party MLA-cum-Minister.

Why BJD and its supremo-cum-Chief Minister Naveen Patnaik did not take any step to solve the tangle?

Why Narendra did not utter a single word about it if such a life threatening tangle was really there?

Why the police is not exploring this angle?

Whether or not Nabaghan was murdered, as is being alleged, is a matter to be determined by the Court.

But what about talks in the grapevine that Nabaghan’s loss of life was not caused by Anjali but by an accidental hit on the zigzag hilly village road against a vehicle?

In Nabaghan’s case, if his letter to the SP seeking protection from Anjali is genuine, the BJD and its supremo Naveen Patnaik must first be held responsible for the loss of life, for having failed to solve the tangle in their own organizational platform. On the other hand, one would read from the letter that there was acute acrimony between Nabaghan and Anjali, which the local BJD workers deny.

The so-called letter of Nabaghan to the SP carries his alleged signature only, not his handwriting.

If he would sure have written this letter, it could entirely have been written by Nabaghan in his own hand.

He had neither any computer to type the alleged letter in his residence nor had he known typing in a computer.

He had not gone out of his village to type it elsewhere during the relevant time. No evidence to that effect is available.

Besides, Nabaghan had not gone to Dhenkanal to meet the SP on the alleged date.

Had he really prepared the letter elsewhere and signed the alleged letter and delivered the same to the SP, it could certainly have been in the records of the SP office. It is not on records there.

No figment of imagination can even accept that a SP refuses to receive such a letter from a Panchayat Samiti Chairman. It simply is not possible.

Everybody who knows how administration runs, knows it.

There may not be any action on any letter from a people’s representative, but a SP refusing to receive a letter from a Panchayat Samiti Chairman in person, when the same was to indicate a threat to his life, is impossible.

It is being touted that the SP was influenced by Anjali, the Minister, as a result of which he did not accept Nabaghan’s letter. If the SP had good relationship with Anjali, he had no bad relationship with Nabaghan.

On the other hand, if instead of relying on his party supremo – the Chief Minister – Nabaghan had preferred to rely upon the SP, then it is indicative of the reality that Nabaghan had reliable relationship and rapport with the SP and hence, it cannot be accepted that the SP had refused to receive the letter he had written him.

Had the SP, despite good relationship with Nabaghan, refused to accept the letter, he being a political bigwig of Hindol – holding the highest post in the Panchayat Samiti as its Chairman – was certainly equipped with the acumen to send the same to the SP by registered post with copies thereof communicated to the Director General of Police and the Home Secretary as well as the Chief Minister mentioning therein that he had to prefer the registered post as the SP refused to accept it.

Nabaghan had never done this.

So, it is clear that he had never written this letter to the SP of Dhenkanal.

On the other hand, it seems, the so-called letter to the SP has been typed on a sheet of paper where Nabaghan had put his signature earlier. This is certain, because the typing has been made to accommodate the signature.

Hence, despite Nabaghan’s signature, the alleged letter to the SP is a forged letter, no doubt.

If the SP had not received the alleged letter and the DGP or the Home Secretary or the Chief Minister was not served with a copy thereof, where from it emerged?

As it transpires, one Nabakishore Sahu – a Dhenkanal based lawyer – has supplied the alleged letter to Crime Branch after more than a week of Nabaghan’s death. Why he did it and how?

Let the CB investigate and find out the answers to these questions and let the Court do justice by searching for the answers.

Role of Nabakishore Sahu, lawyer needs be probed into

This much is relevant to recall at this stage, that, for more than a year before his death, Nabaghan was not holding any meeting of the Panchayat Samiti for which there was stalemate in implementation of various development programs. It had led the District Collector to convey a meeting of the Panchayat Samiti in his chamber at Dhenkanal. There was apprehensions that the Samiti may be superseded and therefore, Nabaghan was to seek judicial protection against possible supersession by invoking writ jurisdiction of the High Court. Nabakishore Sahu, the Dhenkanal based lawyer, who has given the alleged letter to CB, was his counsel. Therefore, it may be suspected that Nabaghan’s signature in plain paper was collected for judicial use by this lawyer, who has given the signed-on-typed-sheet alleged letter purported to be of Nabaghan to the CB, wherein the alleged threat to his life from Anjali forms the crux.

Was this lawyer having any grudge against Anjali? Perhaps yes. A close confident of Anjali for around a decade, he was eager to be reappointed as a Public Prosecutor and had pinned his hope on her. But he did not get the reappointment. He had reason to suspect that Anjali was responsible for denial of the APP post to him. It may be, he was determined to settle the score. And, perhaps, therefore, he used the signed plain paper to drag in Anjali to the murder angle by typing the so-called letter on it.

If CB investigation does not unsettle this suspicion, it would not be improper to assume that after transforming the accidental death of Nabaghan into an alleged murder, the son of Bijay Raut has been wrongfully arrested by shrewd exploitation of circumstances and confusion in the police to generate credibility for the cooked up allegation on the premises of Bijay’s good relationship with Anjali.

In this nasty game that the vested interest fellows play, if an innocent young man gets punished, it would be a sad blot on society.

Hence, these angles need urgent cogitation and exhaustive investigation and the media need be self-disciplined and far from being rash. Otherwise, the truth may not really prevail.

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.

Justice P.K. Mohanty Requested to Reject Govt. Offer of Judicial Commission and Bar Associations Requested to Strengthen the Protest in the Matter of Pipili Gang Rape

Request to Justice P.K.Mohanty

The Orissa Gana Samaj comprising the united platform of media persons in Orissa – the Media Unity for Freedom of Press – and all Opposition parties and frontline civil society organizations of the State has requested Justice P. K. Mohanty not to accept the offer of the  State Government to act as the Inquiry Commission of Arjungoda (Pipili) gang rape case, which is one of the most heinous crimes against a dalit girl ever perpetrated under supportive canopy of the Government. Making it clear that the Commission is appointed “only to divert growing public anger and increasing demand for a CBI investigation into the case”, the OGS has urged upon Justice Mohanty to “decline offer of the Government in the interest of justice”.

Request to the Bar Associations

The OGS has also requested the members of all Bar Associations including the High Court Bar Association to join the mass protest rally to demonstrate today the wrath of public against official protection given to the rapists of Pipili in particular so far and the tactics contrived in shape of judicial inquiry to give the rapists indirect protection hereafter by delaying the possible actions under criminal laws, as the prosecution shall have to wait till the judicial investigations are over.

In an appeal, joint conveners of the OGS , Prasanta Patnaik and Rabi Das of MUFP have mentioned , ” it is a matter of great concern that the sexual harassment to women is rising in the State of Odisha every day. The increasing henious crime, needless to say, is due to inefficiency, acllousness and political intervension in the State police force. The occurrence in village Arjungoda under Pipili police station is one of the glaring example of such inaction of the Government. Every conseious citizen shall have to react and register their protest”.

As per the program, the protest would be offered in the form of procession start from Gopabandhu Bag, Cuttack on 24th January, 2012 in the morning at 10.30 a.m. and meeting at the end of it while handing over a memorandum to R.D.C. ( Central ) for the Government.

Give up Hypocrisy With Respect To Surendra Sai, Give Sambalpur Its Due Importance

Subhas Chandra Pattanayak

Orissa Government behaves hypocritically in many respects. But it should give up hypocrisy with respect to Veer Surendra Sai.

Our discussion on Surendra Sai being well read in these pages, we do not now prefer a new discussion on his life and sacrifice. But, we can certainly say that he had made the greatest and the most inspiring sacrifice for restoration of the distinct dignity of Sambalpur, the place that has the most monumental contribution to culture of Orissa.

Orissa owes its name to Uddiyan Tantra founded by the founder of Vajrayana of Buddhism, Indrabhuti, the light of Udradesh, Sambalpur.

Indrabhuti was the man who coined the name Jagannatha for Gurudev Buddha and established him as such amalgamating the tribal matriarchy with Buddhist tenets that are yet in vogue in the Jagannatha temple system.

So, it is Indrabhuti of Uddiyan Sambalpur who gave birth to Jagannath culture on which Orissa’s unique world outlook is based.

When this Jagannatha has been converted from Buddha to Vishnu and thereby into a deity controlled by the caste supremacists, it may depend on argument and counter argument to arrive at this truth that Jagannath of Puri owes his origin to Indrabhuti of present day Sambalpur. But, no argument is needed to show that Surendra Sai had made supreme sacrifice for restoration of the distinct position of Sambalpur.

I have in these pages as well as in my columns in Oriya language harped several times on transfer of a portion of the State Secretariat comprising departments having more relevance to western Orissa and high lands to Sambalpur as well as for establishment of a bench of the Orissa High Court in this place without wastage of time. The people of the western region are also agitating for availability of executive and judicial government at their door step.

These essential facilities are not being available to people of Western Orissa simply because the State Government is not rising above timidness and hypocrisy.

If Surendra Sai is really to be honored, the unique contribution of Sambalpur region to Orissa should be unreservedly recognized and the offices of executive and judicial government must be established in Sambalpur.

So, politico-administrative hypocrisy should be given up with respect to Surendra Sai and he should be given due respect by establishment of a bench of the Orissa High Court at and by transfer of a part of the State Secretariat comprising departments more relevant to Western Orissa to Sambalpur without wastage of time.