Pinaki’s Payola for Publicity Speaks of Black Money in active use by BJD through UCO Bank

Subhas Chandra Pattanayak

Chief Minister Naveen Patnaik’s close colleague and MP, Pinaki Mishra, who heads the Parliamentary Standing Committee on Urban Development, had not expected that he would attract police action over payola for publicity. Police has received the FIR against the mischief, but has not yet dared to register it, as action against Mishra would open up a new gate for action against the Chief Minister; because the particular transaction indicates that he and his colleagues are operating a parallel economy through black money in active operation through secret accounts in a nationalized bank like the UCO Bank.

It transpires that the District Information and Public Relations Officer, Puri had invited the journalist to a press meet to be addressed by Sri Mishra. Usual kits supposed to be carrying the written version of what Sri Mishra was to say were handed over to the scribes. But currency notes were found in every kit to their horror and embarrassment.

The journalist rightly raised their protests against the nasty tricks to pollute the Press and left the press meet instantly and went en masse to the area police station and filed FIR. Besides being corruptive, it is a contemptuous offense against freedom of Press.

Mishra has laid the blame on UCO Bank for this shenanigan. Caught red-handed, it is not unnatural for him to blame the bank to save his own skin.

But this illicit transaction strongly suggests that Naveen Patnaik and his close colleagues in the ruling party are operating secret accounts in UCO Bank and the UCO Bank that is holding their black money is ensuring payments to whosoever whenever they are instructed to. Otherwise, today, when all the Banks are inoperative due to strike by bank employees all over the country, UCO bank could never have put the money in Journalists’ kits as payola for publicity of the BJD MP.

This is a serious, very serious exposure. The truth – whether or not the CM – Naveen Patnaik – and his close colleagues like the MP Pinaki Mishra and leaders of the ruling party – BJD are holding black money in UCO Bank and operating the same in any form for any purpose must come out. And, it is incumbent upon the Central Government to ask the CBI to find out the truth, because UCO Bank is a nationalized Bank, which has been admitted by the MP to have conducted this transaction. From whose and which account and under whose instruction and signature the UCO Bank had drawn the money on a day of no banking must be clarified by the said Bank as well as the Central Government.

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CBI and Corruption: Commonality between Father and Son_ Biju and Naveen

Subhas Chandra Pattanayak

When the needle of suspicion in the compass of scams and misrule is pointing at Chief Minister Naveen Patnaik with increasing discernibility, Amicus Curiae Shyam Divan has told the Supreme Court on November 5 that Orissa Government is not cooperating with the Central Bureau of Investigation (CBI) in the ongoing inquiry into mega chit fund scams, even though the same is being conducted under orders of the Apex Court.

This reminds me of the same experience the CBI had had while investigating into economic offenses of Biju Patnaik. The CBI Director, while confirming that certain allegations against him were “serious”, had told the Union Home Minister in his report on November 15, 1964 that, further enquiry – obviously judicial – should be instituted, to “come to a definite and clear conclusion”.

The striking commonality between the father and the son – Biju and Naveen – in corrupting administration to the extent of creating situations for the apex authorities to order for investigation thereinto by CBI, is as gross as substantial.

Everybody who is currently watching the cascading exposures of chit fund and other scams is seeing how in increasing velocity public suspicion is rushing towards Naveen. It would be better, therefore, to focus on the other one, his father Biju Patnaik.

Clandestine Comprador

After occupying the Chief Minister post in June1961, Biju unleashed such a reign of corruption and embezzlement that a former Chief Minister of Orissa, the great Gandhian Nabakrushna Choudhury had to put before the public, the modus operandi of Biju and his likes that were collecting huge sums of money in the name of election funds and swindling the same while acting as clandestine compradors of mine-owners and big businessmen, to the serious detriment of the common people and the public exchequer.

He had exposed the felony in the inaugural function of Gandhi Tattwa Prachar Kendra at Balasore on 23 July 1963.

Mass Awakening against Misrule

Following that exposure, by the end of August 1963, people of Orissa, severely affected by his corrupt practices and maladministration, had woke up en masse to seek his resignation. Students all over the State had spearheaded the campaign to oust him from the chair of the Chief Minister. Marking his swift fall, Justice H. R. Khanna, who had later headed the Judicial Enquiry into his offenses, had noted that his misuse of power for personal and family benefits had so severely eroded his credibility that, “within two or three years of his stewardship his public image became tarnished and the hopes which were built around him were shattered to pieces”.

Khanna Commission was the culmination of people’s non-stop agitations for action against Biju.

The unprecedented mass awakening led by the students had spread in full fury all over the State calling for action against him. The Congress high command and the Congress government in the center had tried to protect him. But all their nasty tricks had failed.

Forced to Quit

The tumult of the unprecedented mass agitation against him had ultimately forced the Congress High Command to ask Biju to quit under face-saving cover of Kamaraj Plan.

Biju resigned on October 1, 1963 in order to escape the wrath of the people.

His protege-cum-partner in corruption, Biren Mitra took over as Chief Minister.

Immediately after he took the oath, Mitra declared that he would rule the State on behalf of Biju, exactly as Bharat of Ramayan had done after Ram was banished from Ayodhya.

No wonder, the CBI faced hurdles in investigation. With his docile protege as his successor, Biju, as Chairman of the State Planning Board, acted ‘super CM’ .

CBI pressed on Preliminary Enquiry

People of Orissa were not content with Biju vacating the CM post. They wanted action against him and continued their agitation. The Parliament was rocked with demands for action against him. His passport should be seized and he should be subjected to criminal prosecution for felonies he committed, was the concentrated demand. It had forced India’s then Home Minister Gulzarilal Nanda to ask the CBI to conduct a “preliminary enquiry” into allegations leveled against Biju by Leader of Opposition and scores of public figures.

The CBI enquiry was ordered obviously to calm down the rising wrath of the people against the Congress Party under the banner and protection of which Biju had run his empire of corruption.

When the CBI penetrated into files and facts that formed the basis of some of the allegations against Biju, it faced non-cooperation from the State Government to proceed further. But to its utmost dismay, it was under pressure from above to give Biju a clean chit.

Pressure for exoneration

The CBI Director has very tactfully revealed this reality in his Report to Union Home Ministry on November 15, 1964. He had said, “On the basis of the scrutiny of the records, it is not possible to say that all the allegations are unfounded, unsubstantiated or untrue”. These very words of the CBI Chief most intelligently revealed that there was tremendous pressure on him from above to say that the allegations against Biju were unfounded, unsubstantiated and untrue.

Had there been no pressure to say “the allegations were “unfounded, unsubstantiated and untrue” the CBI would never have said, “it is not possible”.

Who must be the people in high echelon of power to have put such pressure on CBI?

Collaborators in Central Cabinet

We find them in the Union Cabinet who conspired to give the CBI report a burial as it went against Biju.

Instead of appointing a Judicial Commission of Enquiry, which was by then formulated and adopted as the necessary means to locate the crux of alleged felonies, when preliminary enquiries indicate prima facie correctness of allegations against persons in power, the central cabinet appointed a Sub-Committee of its own to “consider in detail the allegations against Orissa ministers, the CBI reports and the Ministers’ explanations”.

Despite Misconduct convincingly caught

The Cabinet Sub-Committee tried its best to render the CBI report inconsequential. Yet, the offenses of Biju Patnaik and his partner in corruption Biren Mitra were so vastly visible that, while refusing to institute a Judicial enquiry, it could not but say, “the manner in which Sri Patnaik and Sri Mitra, directly or otherwise, conducted government transactions in which were involved the interests of private concerns owned or controlled by them or by their relations, was definitely not in keeping with the normal standards of public conduct”.

Determined agitation

This design failed to dissuade people from their determination to see Biju and Biren ousted from the positions of power they were using to fleece from public exchequer. This determined agitation of the people forced the central leadership of Congress to ask Biju to resign from the chairmanship of the State Planning Board and his protege Biren from Chief-ministership. Biju resigned from the Planning Board chairmanship on January 29, 1965 and Biren from Chief-ministership about a month later on February 20. Shastriji appealed the people through the Lok Sabha on February 22 to “allow” this matter “to end” as both “Sri Biren Mitra and Sri Patnaik have already tendered their resignations”.

Punishment by the people

People of Orissa punished Biju Patnaik by rejecting him in all the five constituencies he contested in 1967 and also the Congress Party for having not punished Biju Patnaik.

The greatest beneficiary of people’s rejection of Biju Patnaik was R. N. Singhdeo, who headed a coalition with Jana Congress, formed by Congress members opposed to Biju.

Singhdeo appointed a Judicial Commission of Enquiry headed by Justice H. R. Khanna to inquire into and report on the charges against Patnaik and others.

Justice Khanna denounced Biju

In his report submitted on January 15, 1969, Justice H. R. Khanna denounced Biju as a morally corrupt fellow, as he was found to have used his chief-ministerial position to serve “the pecuniary and business interests of the companies, which had been started by him and with which his family members were associated” to such condemnable extent that “within two or three years of his stewardship his public image became tarnished and the hopes which were built around him were shattered to pieces”.

Scope yet to come

The ongoing CBI enquiry into chit fund scam in the regime of Naveen Patnaik offers a tremendous scope to study the syndrome in context of commonality between the father and the son in the zone of achieving personal benefits through power of governance.

CHHADAKHAI in views of Harekrushna Pattanayak

Subhas Chandra Pattanayak

The Buddhist Tantric concept of well-being ‘Panchatattwa’ – Madya, Mansa, Matsya, Mudra, Maithuna – was banned under Hindu fanatic concept of ‘Panchuka’, converting the last five days of ‘Karttika’, the month of Buddhist Sadhavas, to a period of penance, in order to completely extinguish the Buddhist influence over the people of Orissa. Baffling, therefore, is the orgy of fish/meat eating by the very same practitioners of penance on the day immediately following the ‘Panchuka’.

My younger brother Harekrushna Pattanayak, in one of his poems published in his compilation ‘Niraba Pratikriya’ (Silent Reaction) has come down heavily on this cultural hypocrisy. The poem is captioned – Chhadakhai Chhada. It is in Oriya language and, as the occasion is purely an Oriya one, my esteemed visitors belonging to Orissa, may peruse it.

 

 

 

 

Chhadakhai Chhada by Harekrushna Pattanayakchhadakhai...2

Orissa Chief Minister Naveen Patnaik is either corrupt or incompetent, as suggested by Gowala scam

Subhas Chandra Pattanayak

The preceding posting was a prelude to this presentation.

Scams in every sphere of administration have engulfed Orissa in the regime of Naveen Patnaik. His stay in power is also based on ‘election scam’ that he executes by stupefying the people under overwhelming impact of all the official welfare programs named after his father Biju. Gullible people fail to understand the difference between welfare projects named after Biju and the political party named also after Biju, and mistake the welfare programs as gifts of Biju Janata Dal, and this mistake helps the BJD win the elections. Naveen is in power for 15 years despite all his misrule because of this ‘election scam’.

Audits and Courts have stripped his government layer by layer for corruption and incompetency, embezzlements and such other offenses signifying scams of severe nature. State Crime Branch, State Vigilance, Central Bureau of Investigations, and various Judicial Inquiry Commissions are busy in investigations into various scams perpetrated in Naveen’s regime.

However, I am going to focus in this presentation on another scam that severely endangers human health and living environment; but continues unabated.

This not-yet-investigated scam may be called by us as ‘Gowala scam of Bhubaneswar’. This scam is suggestive of how Chief Minister Naveen Patnaik is either corrupt or incompetent, crying for immediate judicial investigation.

At the moment, the scam possibly is of Rs. 16,000,000/- per month, because, according to a source in GA department, around 4000 milkmen are paying Rs.4,000/- each as unofficial fees against government plots they have encroached in prime locations.

Every milkman (gowala in Supreme Court’s language) knows the collection agent of his locality and faithfully pays the payola to him every month. The ruling party gets the benefit and manages the mandarins so as not to implement the Municipal Corporation Act, 2003, which bans cow keeping in the capital city.

Most secured

This amount may be more or less. My source may be right or wrong. But, it is certain that, the milkmen are the most secured encroachers of prime plots in Bhubaneswar, more secured than even the present President of Orissa branch of BJP and former urban development minister K.V.Sighdeo, ill-famed for encroachment of government land in front of the Governor’s house.

To protect these milkmen, Chief Minister Naveen Patnaik has de facto killed the law his government had enacted in 2003.

I have discussed this phenomenon earlier and will repeat the discussion in this presentation to provoke the Chief Minister to place before the public his explanation, if any, over his government’s criminal silence, despite the the Supreme Court having fully endorsed the said Law in 2006, mandating the government to immediately oust the milkmen from Bhubaneswar and its periphery.

The 2003 Act and the Supreme Court

To save the city’s inhabitants and visitors from mosquito menace and from pernicious pollution, Orissa Legislature had made provisions in the Orissa Municipal Corporation Act, 2003 that had stipulated that cowsheds must stand obliterated within the limits of Bhubaneswar Municipal Corporation (BMC) with immediate effect.

Orissa Milk Producers Association had moved the Orissa High Court against this new Law praying simultaneously that the Government be asked to rehabilitate them in suitable places in the city before eviction and not to impose prohibition on running of cowsheds. Orissa High Court rejected their plea.

They went to the Supreme Court of India against the order of the High Court. There they also failed.

The Supreme Court, in deciding Civil Appeal No.940 of 2006 arising out of SLP (C) Nos. 16362-16363 of 2004, made it absolutely clear that the milkmen must be evicted from the limits of BMC and must not be rehabilitated anywhere in the City and its periphery, as “Right to environment being a fundamental right, it is the duty of the State to make it sure that people get a pollution free surrounding”.

The milkmen had pleaded that the present Chief Minister’s father had assured them with rehabilitation and hence they should be given plots in substitute to run their business. Rejecting this plea, the Supreme Court had declared, “In view of the 2003 Act, even the doctrine of Promissory Estoppels will have no application”.

It had further ordered that the milkmen cannot even be allowed to put up cowsheds in villages bordering Bhubaneswar. “As by reason of the Orissa Municipal Corporation Act, within the periphery of the town, dairies or cowsheds cannot be maintained, the State cannot be entitled to adhere to its earlier plan of rehabilitating them in villages mentioned therein”, the Supreme Court had said while observing, “Not only filth, stench and unhealthy places have to be eliminated, but the (town planning) would be such that it helps in achieving family values, youth values, seclusion and clean air to make the locality a better place to live”

Thus the Supreme Court has not only rejected the plea of milkmen to have cow-buffalo-swine-sheds in Bhubaneswar, but also has fortified the provisions laid down under Sections 409, 543 and 548 of The Orissa Municipal Corporation Act, 2003, which prohibit keeping animals of cow category anywhere within and around the city limits.

The judgment delivered on February 2, 2006 is published in (2006) 3 Supreme Court Cases 229.

So, there was no legal problem at all over demolition of cowsheds and eviction of milkmen with their herds of animals to free the city from stench and flies and mosquitoes and malaria and filariasis and threats of cancer and tuberculosis.(ORISSA MATTERS, January 7, 2009).

But, for reasons best known to the Chief Minister, the milkmen, instead of getting evicted, are protected.

The following is a sample picture of demolition of roadside kiosks run by unemployed persons in pursuit of livelihood in the Unit 9 area of Bhubaneswar on October 30.

demolition of road side shops on 20.10.14

BMC has demolished many such kiosks of unemployed people trying to eke out a living. Another instance captured by camera in 2008:

demolition of shops

It has demolished tiny temples established by people for social utility. Some instances as caught in camera:

demolition of temple_twodemolition of temple 4demolition of temple_one

 

 

 

 

 

 

 

It has used state terror in demolishing the slums where abjectly poor migrant laborers live braving inhabitable conditions, so that they can live for a day. The picture below presents how the evicted poor workers are helpless before the uniformed muscles of the State.

demolition of slum 2

Shameful, yet real
It is shameful for the Republic of India that, when there was no instance of an Indian selling himself/herself in a market for a day’s bread during the Britishraj, Bhubaneswar is having several laborer-markets, called ‘Mulia hat’ where every morning daily laborers (Mulia) gather to sell themselves for money. Only a few of them get a day’s engagement, many return resigned to fate.
The picture below is of one such Mulia Hats, where slum dwellers gather daily for selling themselves to anybody who can engage them in work for a day.Mulia Hat 1

 

In the labyrinth of misrule

Naveen Patnaik has misruled the State to such severe shrinkage of avenues of livelihood that Dadan (migration of laborers from Orissa to other States in search of work) is in constant rise. Dadan often ends in death of the worker due to non-payment of wages, slow starvation, and torture by the employer beyond endurance and resultant suicides. Whosoever fails to migrate to other states, tries his/her luck in the ‘Mulia Hat’ at Bhubaneswar. The picture shows this sordid reality.

These helpless people, resigned to fate, live in slums. Instead of giving them agricultural land, which, as excellent workers, they can use to earn their bread, the Naveen Patnaik government has been sacrificing thousands of acres of land at the altar of avarice of the ultra high rich people – mostly non-Oriyas – for industry and commercial hubs.

demolition of slum_oneWhen so generous to the rich, he is demolishing slums after slums, as if poor people have no right to earn their livelihood at Bhubaneswar. More menacing is the cruelty shown in demolishing their slums. The picture below carries a sample of this cruelty.

But when demolitions of slums, of self-employment kiosks, of temples etcetera is executed without any mercy for the affected, the milkmen are the only people who never face any eviction from encroached prime plots in the heart of the City.

In the preceding article of October 29 that was a prelude to this presentation, a particular location has been highlighted with relevant pictures for ready reference. I have given in that posting the location map for any functionary or conscious citizen to reach there and see what havoc is being played upon the living environment.

Here below are some more pictures that would show how the capital city of Orissa has been infested with illegal cowsheds and unrestrained cattle.

The milkmen leave their cattle roam freely and rest on the road that causes severe disadvantage to vehicular traffic, particularly in the night. A sample picture may suffice in understanding the threat to human safety.

Threat to life on the road

cows on the road 1

cows on the road 3

 

 

 

 

The menace is widespread.

gowala menace 1

The above picture is just a sample of illegal cow-keeping in another location in Bhubaneswar.

And, how is city environment affected by these illegal cowsheds?

3 ft high cow dung on the road, the cow shed behind the green fense4 to 5 ft high heap of cow dung on western main road to Capital Hospital

The above two pictures show, 3 to 4 ft high mount of cow dung has been heaped on a main road. And it has engulfed at least 5 to 6 ft of the road. Because of flowing cow dung and urine mixture, nearby slum houses are also very severely affected, as the picture below shows.

flow of cow dung on western main road to Capital Hospital

Severe danger to human health

As the corrupt government has protected this menacing danger to human health, the city of Bhubaneswar has become a den of nitrous oxide, methane and other greenhouse gases as well as noxious stinks produced by these illegal cowsheds.

It is established that ammonia (NH3) evaporating from cow dung and urine play havoc with environment. An adult cow emits 80 to 110 kilograms of methane gas over its lifetime. Four thousand illegal cowsheds in Bhubaneswar harbor at least 4,00,000 adult cows at the rate of 100 per shed in the average. So, one fears, Bubaneswar is forced to face 400, 000, 00 kg methane gas menace, because Naveen Patnaik’s government is in nexus with the milkmen.

The whole city is under layers of arsenic gas generated by burning of cow dung cakes by the milkmen for cooking and for repelling mosquitoes from their cowsheds and attached huts where they live. Arsenic is slow-poisoning the people residing near the cowsheds and specifically, the children. Cases of TB, Chronic Obstructive Pulmonary Diseases and Pneumonia, Lung Cancer are increasingly hitting the Bhubaneswar Hospitals. Malaria, Filarial infection, Dengu and such other diseases caused by mosquitoes, various allergies, skin diseases, and cardiac problems are in the rise in the obstinately unhygienic environment the milkmen have created.

Most beneficial Act most brazenly killed

To save Bhubaneswar from this monstrous danger, the Assembly had laid down under Sections 409, 543 and 548 of The Orissa Municipal Corporation Act, 2003 that the city must be immediately made free of Milkmen. Their association, as already shown supra, had challenged it up to the Supreme Court and failed.

As my sources say, the milkmen were paying Rs.300/- as protection money to GA department Officials which after enactment of the Act of 2003 had reached Rs.2000/- per cowshed. After the Supreme Court rejected the milkmen’s case and fully endorsed the Act of 2003, giving a direction to the State government to oust the milkmen forthwith from the city limits and periphery of Bhubaneswar, the protection money has been increased from Rs.2000/- to Rs.4000/- well within the knowledge of the Chief Minister.

If  Chief Minister Naveen Patnaik is not involved with this scam, he should come forward to clear the doubts by explaining as to why his administration has not taken any step to demolish the cowsheds and to evict the cowherds and to free the government plots from their encroachments and to save Bhubaneswar from pollution, from the hazards of nitrous gases, from arsenic poison, from ammonia, from filth of cow dung and stench and from abnormal rise of temperature and collapse of its habitable climate under impact thereof.

The most beneficial Act has been most brazenly killed by Naveen Patnaik’s government. It is time, the Supreme Court should ask the CBI or appoint a special Commission to conduct an in-depth investigation into why the State Government has slept over its order passed in Civil Appeal No.940 of 2006 arising out of SLP (C) Nos. 16362-16363 of 2004, published in (2006) 3 Supreme Court Cases 229.

We may remind the Supreme Court that in the said order it had mandated that “Right to environment being a fundamental right it is the duty of the State to make it sure that people get a pollution free surrounding”.

We may remind the Supreme Court that in the said order, it had further said that. “Not only filth, stench and unhealthy places have to be eliminated, but the (town planning) would be such that it helps in achieving family values, youth values, seclusion and clean air to make the locality a better place to live”.

The pictures of filth we have given in this posting, as captured with the camera. We expect that the Supreme Court would appreciate that no camera can capture the stench.

The ‘Gowala scam of Bhubaneswar’ strongly suggests that Chief Minister Naveen Patnaik is either corrupt or incompetent.

But the correct picture can come out only if the Supreme Court asks the CBI or appoint a Special Commission to investigate and report as to why the Orissa Government has kept its own Law – The Orissa Municipal Corporation Act 2003 – inoperative in matter of the milkmen and has rendered the above noted order of the Supreme Court inconsequential so far.

We do not expect that the Supreme Court shall fail to ensure that its orders are honored and implemented by a State Government.