Indian Parliament showed no concern for the soul of India; President should refuse assent to the Juvenile Justice Bill 2015

Subhas Chandra Pattanayak

Majority of the members of Indian Parliament have shown no concern for the soul of India, as has been established by passing of the Juvenile Justice (Care and Protection of Children) Bill, 2015 on 22nd December in the Rajya Sabha completing its parliamentary course that had got the stamp of adoption in the Lok Sabha on 7th May. It is such a mockery of legislation, having not paid any heed to cries of India for justice to its soul – Nirbhaya, that, the President should do good by refusing the Bill his assent.

Had Jyoti Singh of New Delhi not been brutalized by a gang of satyrs in December 2012, too savage and severe for medical science to save her life, this Bill would not have been generated at all. Her indomitable will to live to see the bruits punished by her motherland had kept her alive till in utter despair she allowed her breathe to pass away. Her desire to see the criminals punished did not die with her death. We the People of India took her to be the symbol of our tortured yet courageous entity by calling her Nirbhaya, the soul of India.

It was soon found that the youngest of the criminals that brutalized Nirbhaya was juvenile, four months to cross the age of 18 years.

The Juvenile Justice (Care and Protection) Act, 2000 (as amended in 2006) was protecting him from punishment applicable to adult criminals. Hence, as demanded by whole of India, the Bill in question was conceived to reduce this age limit to 16 from 18 to give justice to Nirbhaya by punishing the youngest and yet the severest savage.

When the Bill was drafted it was inherently defective meant as if to ensure escapement to this young bruit. It was a haphazard draft very much in need of vetting in a Parliamentary Select Committee. The age factor was creating confusion. The approach was not based on criminology of rape. Before leaving the House in protest, Sitaram Yechury, leader of CPI (M), had rightly asked, “Today you are demanding the juvenile age to be reduced from 18 to 16 ; what if tomorrow a 15-year old commits a horrendous crime?” Members, who passed the Bill, did not bother about the question. Had the Bill been sent to Select Committee, members thereof might have stumbled upon the angle I am pointing to. But that did not happen.

The members did not bother to make the new law applicable to the juvenile criminal because of whose savagery Nirbhaya had lost her life. Minister-in-charge Maneka Gandhi had made it clear in the House that the Bill won’t be retrospective. Sad, the members could not catch even then that the main purpose of going for the new law was going to be defeated. They did not bother about this mischief.

The Supreme Court refused to intervene, because, by applying the old law of 2000 to set free the criminal in absence of any law to keep him under the Court’s clutch any further, the High Court had committed no illegality.

Before passing the Bill, the Rajya Sabha was aware of this. It was aware of the fact that unless given retrospective effect, the core purpose of engagement with the Bill before it was to be lost. It should have woken to the occasion and made the Bill retrospective. Had it acted diligently and passed the Bill in time with retrospective effect, at least from December 16, 2012 the day on which the horrendous crime having shocked the country had necessitated this new Law, the bruit that according to government has not reformed, could not have been put back in the society, to the panic of the society, as has been done.

It is better for the President, in the circumstances, to refuse his assent to this Bill, so that legislative wisdom may get a new chance to do away with the wrong the lawmakers have committed in this case in the aspect as discussed above.

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!

We have now enough reason to apprehend that the Chief Minister is trying to render our movement for governance of Orissa in Oriya inconsequential.

I will come to the crux of the issue in course of the discussion. At the outset let me make it clear that Oriya Language has created Orissa and therefore, it is Oriya language that must rule over Orissa.

Had there been no Oriya Language, there would have been no land called Orissa. Had there been no land called Orissa, there would have been no chief minister called Naveen Patnaik.

So, it is better for Naveen babu to know that governance of Orissa in Oriya is not our begging; it is our right. For Oriya language to rule over Orissa, we don’t need the Chief Minister’s mercy.

I will come to this phenomenon later. Let me first tell Naveen’s sycophants, who pride in posing elite and, imitating the blue-colored jackal of Mitralava, howl in English to the disadvantage of the Oriya-speaking people in Orissa, that, their forefathers would have died forlorn as servants of the “native servants” of the British in neighboring provinces, had Oriya Language not created Orissa as a separate province for them to live in and prosper.

Wherever Oriya was the mother tongue, the Oriya speaking people of that place had wanted to amalgamate their areas into a single province for better management of their individual and collective affairs and in that process they had very ably fought out the nasty designs of the native servants of the British such as the Bengali, Hindi and Telugu speaking people. The main thrust behind their movement was the necessity to preserve and promote the magnificence of their mother tongue. Their mother tongue Oriya had guided them into success in this movement.

Therefore, Orissa belongs to Oriya language.

People’s eagerness to see a province of their own as quickly as possible, of course, left some Oriya speaking tracks outside the geographical limits of modern Orissa; but the Orissa we are living in, is undoubtedly the product of Oriya Language.

To educate the Chief Minister and his sycophants further on this matter, I would like to quote from the immortal poet Gangadhar Meher where he has described how Utkala Bharatee (Oriya Language) labored to create Orissa. Through Meher, she chided various Kings for their negligence to the need of amalgamation of all the tracks under her letters to save her identity, which the envious crooks of rival tongues belonging to neighboring provinces, serving as “native servants” of their British masters, were conspiring to destroy.

Cries of the Mother Tongue

I am quoting only a few instances of how various Kings were jerk-waken by Utkal Bharatee (Oriya Language) to unite with the people in their battle for their mother tongue, by cunningly using the method of scolding for their failure to have woken up in time. Such were the cries of the mother tongue (Utkal Bharatee):

(1) In reprimanding the Bolangir Patna King Ramachandra Dev for his indulgence in hunting tigers instead of coalescing with the people for the cause of the mother tongue, Utkal Bharatee had said:

To King of Bolangir Patna

(2) In Meher’s pen, Utkal Bharatee had upbraided the King of Kalahandi Raghukishore Dev on the same ground in the following terms –

To King of Kalahandi

(3) Noteworthy is the way the King of Barapalli Harihar Singh was admonished in the pen of his subject Gangadhar. In those days, Kings were more frightening than Yama, the ‘God of Death’ to their subjects. Meher was an inhabitant of Barapalli. It was normally impossible for a poor subject like him to scold his King for his negligence to get united with the people in the cause of their language. So, Utkal Bharatee used the poet to berate the King by way of linking his silence to his anxiety to preserve his royal title, lest that be quashed by the British that had deliberately promulgated Hindi as official language in Oriya speaking tracks. It was Utkal Bharat that was to dress down the King as follows:

To King of Barapalli

Many instances of how our mother tongue Oriya inspired her children in the British Raj to form our province has been given in my eBook ORISSA PRADESH STRUSTIRE GANAMADHYAMA and its forthcoming printed edition.

With these instances on records, be it known without any ambiguity that, Oriya Language has created Orissa, which has given asylum to Naveen Patnaik after his father’s death in a rejected condition.

Asylum misread

He is continuously in power, because this magnificent soil has been granting his prayers for votes, despite all his failings, in the best tradition of mercy shown to people under asylum.

But it seems, he is misreading this magnanimity as his birthright to rule over Orissa. And under this false notion, he is behaving as if he is showing mercy to people of Orissa by declaring to grant limited use of Oriya Language in administration, as is evident from the press note issued by his office on 17th December and the advertisement dated today.

Different stands

He had told the Assembly on 14th December that for implementation of the Act, his government was working on necessary Rules. But neither the press note issued by his office on 17th December nor the Advertisement of today  make any mention of it.

The press note shows that he had taken a meeting with the five Ministerial members of the Committee which comprised, besides the said Ministers, the representatives of the Orissa BhasaSangramSamiti, (hereinafter called the Samiti) without informing them of this meeting.

Committee no product of CM’s sweet will

This Committee was not a product of the CM’s sweet will. It was formed on the basis of agreement with the people represented through the Samiti on implementation of the Act, on the basis of which, Poet Gajanan Mishra had withdrawn his fast on to death. Along with Sri Mishra, many activists including this writer had joined the fast and whole of the State had woken up against the government of Naveen Patnaik. Situation had become so threatening to his smooth sailing in power that he was compelled to declare that, use of Oriya as Official Language would now be a must. Accordingly he had entered into agreement with the Samiti to form a joint committee comprising ministers and the Samiti representatives to formulate the process of implementation of the Act and to monitor the implementation.

The Committee has already met three times and representatives of the Samiti have made the best of their contributions to the cause of Oriya Language, including ‘Language Policy’ outlined by Dr. Debi Prasanna Pattanayak and draft of necessary legislation by this writer. Both of these milestone documents are published by the government at http://bhasha.odisha.gov.in/upload_files/pdf/notification/Vasaniti.pdf
and http://bhasha.odisha.gov.in/upload_files/pdf/notification/Draft%20Odia%20Rule.pdf respectively in the dedicated website at http://www.odia.odisha.gov.in/

Convener of the Samiti poet Sankarshan Parida, Prof. Natabar Satapathy, and Dr. Subrat Kumar Prusty have contributed most valuable advice and all documentary input to facilitate the implementation of the Act.

But, surprisingly, the CM has taken the meeting with the ministerial members of the Committee without the members of the Samiti and made certain declaration unilaterally that neither tally with the crux of the agreement nor with the purpose of the Committee nor with the aim and objects of the Act.

This is most unfortunate and never acceptable for the people of Orissa.

CM has been contravening the Act

During the16 years of his tenure as CM, Mr. Naveen Patnaik has not honored the Orissa Official Language Act. This is an offense.

The Act has mandated that, “Oriya shall be the language to be used for all or any of the official purposes of the State of Orissa”.

Chief Minister Naveen Patnaik has willfully contravened this Act ever since he has become the Chief Minister. He has never used Oriya as Official Language in his own office so far.

Encouraged by this continuous contravention of the Act by the Chief Minister himself, the entire administration of Orissa has discarded Oriya as Official Language and resultantly our mother tongue has declined in its value of utility.

Necessity of new legislation

Why did Orissa Official Language Act – the first amongst all the regional Acts on official language – failed to operate, notwithstanding being the act of the people’s heart? I tried to find out the reason.

And, I found, the Act was inherently defective inasmuch as it had no provision to take to task its contraveners.

This is why, no action has been taken against any contravener of this Act since its enactment, even during the days of J.B.Patnaik, who had tried to implement the Act and was refusing to peruse the files if not put with notes in Oriya.

As a member of the Samiti in the ministerial Committee, it was my duty to suggest a remedy. Hence I thought it prudent to suggest for Rules to implement the Act. There was a problem. The Act had no provision to make and promulgate the necessary Rules. So I advanced a draft amendment to the Act to provide for the Rules and a draft of Rules to drive the Act ahead. My friends in the Samiti endorsed the same and Chairman of the Ministerial Committee Sri Debi Prasad Mishra and other four Ministers – Bikram Keshari Arukh, Arun Kumar Sahoo, Atanu Sabyasachi Nayak and Pranab Prakash Das – accepted the suggestion and directed the GA department to help the Principal Secretary of Law to proceed for legislation thereof with vetting if necessary. Therefore, the CM had told the House on 14th December that the Rules were getting prepared to implement the Act. Media had given his answer due publicity and the Samiti had wholeheartedly welcomed the his reply.

New attempt to sabotage the Act

But sadly and surprisingly on December 17 the CM took a different turn and deviated from the position of 14th December.

In his new posture, he thrashed down the scope of the Act from “all or any of the official purposes of the State of Orissa” to “circulars”, “advertisements” and “nameplates”. In the advertisement of today, there is no trace of implementation of the Act, whereas “safety of Oriya Language” and “development” thereof are the two items projected as purpose of the CM!

These are nothing but instances of wordy acrobatics devised to fizzle out the movement of the people for governance of Orissa in Oriya.

The Oriya Language has remained safe by her own strength, foiling the conspiracy of the Bengali, Hindi and Telugu speaking people serving as “native servants” of the British. Rejecting their claim of superiority over Oriya Language, the First Linguistic Survey of India had clearly held that Oriya as a language was so superior and splendid and so rich in vocabulary that “neither Bengali nor Hindi nor Telugu can vie with it”. And now, thanks to Dr. Debi Prasanna Pattanayak, Ramachandra Khuntia and Dr. Subrat Kumar Prusty, Oriya language has been recognized as Classical Language of India, when neither Bengali nor Hindi are considered for this status. So, the Chief Minister’s “safety” slogan is a contrived attempt to misguide the people. Development of the language doesn’t depend on digitization of books. Has he ever studied how many numbers of rare palm-leaf manuscripts have been missing from the State Museum Library and destroyed in the mouths of the moths? How many of them edited and published? Can he say, what happened to manuscripts and books collected by the directorate of Culture from Kabichandra Kali Charan Pattanayak’s residence after his death? What sort of preservation he is saying? Wordy acrobatics shall not develop the language. Its utility potential can do. Therefore, our demand is for implementation of the Official Language Act, because only the official use of the language can increase its utility potential and drive its development ahead. As the Act has no provision to punish the contraveners thereof, we had drafted and submitted the necessary Rules, as noted supra.

But the press note of 17th December issued by his Office and the Advertisement published by his Public Relations Department today are totally silent on the Rules suggested by this writer on behalf of the Samiti and the Language Policy submitted by Dr. Debi Prasanna Pattanayak as proposed by the Samiti and resolved for in the 1st meeting of the Committee.

Old Tricks

The press note and the advertisement issued by the CMO and DIPR respectively are repetition of old tricks used many times to hoodwink the people.

In the intro of the press note it was asserted that the Act shall be strictly implemented. There is nothing new in this assertion. It prods me to ask the CM:

Was it not the direction of the Act when it was enacted and promulgated with “immediate effect” carrying the stipulation that “Oriya shall be the language to be used for all or any of the official purposes of the State of Orissa”?

Was it not the position when Chief Minister J.B.Patnaik (as he then was) had issued direction to all his ministerial colleagues on 3 July 1989 to use Oriya Language strictly in every case in every office under their respective control, with immediate effect?

Therefore, the CM’s fresh assertion in his press note that the Act shall be strictly implemented is nothing but repetition of earlier positions and carries no meaning without framing the necessary Rules to punish whosoever uses any other language than Oriya in governance of Orissa.

Modus operandi

The modus operandi behind the CM’s new posture is quite intriguing.

The Rules I have submitted on behalf of the Samiti carry provision for punishment and therefore perhaps, it is disturbing for him, because he is a habitual and chronic contravener of the Orissa Official Language Act. Law doesn’t discriminate between the CM and a common functionary. I am afraid; this is the reason behind his new posture.

Joke played

In this new posture, on December 17, the CM has played a joke on Oriya Language by saying that the Orissa Official Language Act shall be strictly implemented. This joke is discernible in the very fact that from that day to this day, he has not given any order in Oriya and his office has been working in English language as before. In other words, he has been contravening the Official Language Act even after declaring that the same shall be strictly implemented.

Harmful design

The harmful design of the Chief Minister is discernible in his press note where implementation even of the purpose of the Official Language Act has been left to decision to be arrived at after studying the language scenario prevalent in other provinces.

Orissa administration in Oriya language cannot be allowed to be dependent on practices prevalent in other provinces.

As has clearly been told above, Oriya Language has created Orissa as a province.

Therefore, the entire province of Orissa belongs to Oriya Language.

There cannot be any compromise on this position and any mischief that makes the governance of Orissa in Oriya dependent on practices elsewhere would stand rejected by the people of Orissa as a harmful design contrived by non-Oriyas and anti-Oriyas. The false assertion in the advertisement today is a creation of this harmful design.

Wake up dear all who love the mother tongue and the motherland.

Orissa CM drifts away from the decision for Governance of Orissa in Oriya

Subhas Chandra Pattanayak

The demand of Oriya Bhasa Sangram Samiti (OBSS) was for governance of Orissa in Oriya. The State Government had agreed and had come to an agreement with OBSS to work out details of how to make it a reality in practice.

When the details were formulated and placed in a dedicated website specifically created to monitor governance of Orissa in Oriya, in a surprise and baffling move, the Chief Minister has reduced the State to Official circulars, Advertisements and Name-plates, in a meeting held today the 17th December in the Secretariat.

The meeting was held behind back of the other part of the agreement, i.e. the OBSS and the Press Note issued by the CMO makes it clear that the Chief Minister has drifted away from the decision for governance of Orissa in Oriya.

The official caption given to the Press Note is clear enough to suggest that the CM is not for governance of Orissa in Oriya. To his perception, issuance of official circulars, official advertisements and writing of name-plates constitute the whole gamut of governance!

We will discuss the Press Note in a separate post. Let us now see what does it say.

Press Note 1Press Note 2

After the CMO issued this Press Note, the leadership of OBSS hold an emergency meeting and passed the following resolutions.

We place it here for records.

Press release 17.12.2015 Odia Bhasa Sangram Samiti

Governance of Orissa in Oriya // CM apprises Assembly of Rules on the Anvil

Subhas Chandra Pattanayak

ama bhasa ama rajabhasaOur struggle for governance of Orissa in Oriya is fetching success step by step despite a ruling party MP trying to misguide the people.

In reply to a question, i.e. UDAQ No. 2325 from Member Nabakishore Das, Chief Minister Naveen Patnaik has told the Assembly on 14th December that the government is now finalizing the Rules to make it a must for the authorities to use Oriya as the Official Language.

The Chief Minister has almost admitted that notwithstanding enactment and instant enforcement of Orissa Official Language Act in 1954, which had stipulated that “Oriya shall be the language to be used for all or any of the official purposes of the State of Orissa”, the administration is not running in Oriya.

We had, in our meetings with the ministers, submitted various departmental circulars that had directed the departmental officers to work in Oriya language. These circulars were not traceable in headquarters. We had collected them – credit goes certainly to Joint Convener of Odia Bhasa Sangram Samiti Dr. Subrat Kumar Prusty – from the guard files of field offices at great pain and given copies thereof to the government to show how the Act was not functioning. In his reply referred to above, the Chief Minister has cited those circulars. Despite such circulars, the officers are not using Oriya language for official purpose.

JB's OrderIn course of my investigation I stumbled upon the order of Chief Minister J. B. Patnaik, as he then was, directing all offices to use Oriya as the language of administration. This was a mandatory order from the Chief Minister of the constitutional government.

It is surprising that despite such clear orders from the Chief Minister himself, officers did not care to use Oriya.

In the regime of the present Chief Minister, various orders have also been issued for administration in Oriya; such as GA Department letter No.10552 of 17/4/2013. Another instance is letter No. 16086 of 12/6/2013 of the same department that controls all other departments. Yet, the officers did not use Oriya as official language.
What could be the reasons of this?

On research I found, there were no Rules to drive the Act ahead. The contraveners of the Act should have been subjected to disciplinary action; but there was no provision to administer discipline, including necessary prosecution for offense against the State. I found the Act itself had no provision for framing of the Rules. The Officers knew this lacuna and knew that they should be enjoying immunity under the shade of the deficient Act even if they continue to contravene it.

To eradicate this lacuna, I submitted the draft of proposed amendment to the Act of 1954 along with a draft of the proposed Rules to the Chairman of Official Language Advisory Committee Hon’ble Minister Sri Debi Prasad Mishra. Behind this was the collective wisdom and support of the entire leadership of the Odia Bhasa Sangram Samiti led by eminent poet Shankarshan Parida and fortunately for the State of Orissa, the Chairman and members of the ministerial committee formed by the Chief Minister wholeheartedly appreciated the initiative. The same has officially been posted in the dedicated website for public suggestions if any.

We are most happy to note that the Chief Minister has approved the website titled ODIARE SHASANA entirely dedicated to our demand for governance of Orissa in Oriya. On his behalf, Minister Debi Prasad Mishra who heads the Official Language Advisory Committee (formerly the Joint Action Committee) has launched this site in the presence of all the Ministers and representatives of the Odia Bhasa Sangram Samiti, that constitute the Committee and author of the proposed Language Policy Dr. Debi Prasanna Pattanayak.

We congratulate the Chief Minister for having informed the House as noted supra that the Rules are currently under active consideration of the Government for adoption.

Once the Act is amended and Rules adopted, no Officer, whatsoever be his / her rank and status, would dare to play mischief with our people’s right to get governance of our State in our mother tongue Oriya.

We put below the Assembly document carrying the question and the CM’s answer as a matter of documentation.

Reply of the CM

Naveen will leave Orissa Bankrupt: Media should start educating the people

Subhas Chandra Pattanayak

Professional aloofness displayed by physicians may not be found faulty; but the same in media is unfortunate and blatantly anti-people. Media must be the medium of public education in matter of management of the State.
Orissan media is oversaturated with fellows that pursue the only mission of ingratiating with the ministers, and bureaucrats whom ministers rely upon. Media houses in Orissa run mostly by economic offenders encourage their representatives in this mission so that powers that be may protect them at times of need.

This is why ruling BJD and Chief Minister’s blatant failure in protecting Orissa’s interest in matter of Polavaram project is not yet known to the people. Similarly the people have not yet known that this government is pushing the State into bankruptcy.

The State Finance Minister has told member Dillip Ray in response to his question, on 14th December that the loan of the State shall reach by the amount of Rs. 56,540.13 crores putting debt load on every citizen to the tune of about Rs. 14 thousand. This financial year itself shall be loaded with a loan amount of Rs.12, 800. 38 crores that surpasses all the previous borrowing records.

Loan for development is not unusual. But, the peculiarity in this is that, the State government is borrowing increasingly higher amounts year after year without any workable planning for repayment. It has already impoverished the State denuding her of valuable natural resources and reducing her to a greasing ground of avaricious anti-people non-Oriya industries; and more dangerously, by ruining the peasants’ confidence on self-employment in their traditional agriculture.

There is no easy way for the people to know if the borrowing is productively used and if so, why instead of repaying the loans the State has been borrowing higher amounts every year to reach the state of bankruptcy. Audit Paras on wrongful expenditure and loot of exchequer are galore; but no penal action against any offender is discernible. Why? Shouldn’t media come forward to focus on it?

Acquittal of Salman Khan makes people look askance at Judiciary: Supreme Court should take note of it

Subhas Chandra Pattanayak

A man died and four persons were fatally injured under the wheels of actor Salman Khan’s uncontrolled car while sleeping on a footpath of Mumbai in the night of 27 September 2002, according to what the area magistrate had recorded the eye-witness accounts of Khan’s bodyguard Ravindra Patil. He was sentenced to 5 years imprisonment by the Sessions Court. But a single judge bench of the Bombay High Court has quashed that order and acquitted him completely of all the charges. This has shocked the people.

What was the eye-witness account? What had Patil deposed before the Magistrate?

According to him, Salman Khan and actor Kamaal Khan had gone to hotel (JW Marriott) when Patil was waiting in Salman’s Land Cruiser. They returned at about 2.15 am. Salman drove the car despite Patil’s advice that he should not drive when drunk. “He was drunk and was driving … at the speed of 90 to 100 kilometers per hour. Before coming to the junction of Hill Road, I told Salman to lower the speed”, Patil had stated under oath before the Magistrate. He had further stated, “He could not control his motor car while taking the right turn and it went on the footpath. The people were sleeping on the footpath. The motor car ran over (them)”.

This was almost the same as Salman’s friend and companion Kamaal Khan had told the Police on October 4, 2002. He had stated: “On the night of September 27, 2002, I went to meet Salman at his residence and we planned to have dinner outside. Salman, his bodyguard and I went out in a Land Cruiser to Rain Hotel at Juhu. His brother Sohail and his bodyguard came in a different vehicle. We had reached the hotel around 11 pm and it was very crowded.

Salman, Sohail and I had snacks at the service counter. After about an hour or two, we left for JW Marriott Hotel in the white Land Cruiser. After spending some time there, we left.

Salman sat to drive the vehicle, while his bodyguard sat next to him. I was behind the driver’s seat…Salman was driving and we started to head to his house. We were heading from St Andrew’s Road to Hill Road. While taking a right turn, Salman lost control of the car and it went on the steps of a building and crashed into a shutter. I heard shouts and people gathered around the car. The crowd was shouting ‘Salman come out’. Some were trying to help the injured. When we got down, people pushed us. Salman’s bodyguard told the people he was a policeman, which calmed down the crowd.”

When Police did not produce Kamaal Khan as witness in the Sessions Court, Patil met death in a pathetic condition during pendency of the case.

Now the High Court has concluded that the prosecution has failed to establish the guilt of Salman.

In its words, “For the reasons separately recorded in the judgment and order the following operative order is passed:

ORDER:
1) Criminal Appeal No.572 of 2015 preferred by appellant Salman Salim Khan is allowed;
2) The impugned judgment and order dated 6th may, 2015 passed in Sessions case No. 240 of 2013 is hereby quashed and set aside;
3) The appellant-accused Salman Salim Khan is acquitted of all the charges. The bail bonds of the accused shall stand cancelled;
4) If the fine amounts which are imposed in view of the impugned judgment and order, are already paid, the same shall be refunded back to him……….”

Of what value then are the eye-witness Statements of Salman’s body guard Patil before the Magistrate and of Salman’s friend and companion Kamaal Khan before the Police?

The High Court has of course directed Salman to execute a PR.bond under Section 437-A of Cr.PC. This Section requires the accused, before conclusion of the trial and before disposal of the appeal, to execute bail bonds with sureties, to appear before the higher Court as and when such court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for “six” months.

What shall happen if the State of Maharastra does not prefer any appeal in the Supreme Court?

The very question is tormenting.

The matter looks like using law for covering up a very serious instance of illegality. Looking at askance the judiciary in such a situation would not be unnatural. Whether or not the State of Maharastra prefers appeal against the High Court order, the Supreme Court should do justice to the people of this dazzled country by instituting a special investigation into this case from its beginning to end and passing necessary orders after such investigation.

Justice should appear justified.

Let the Supreme Court ensure this.

Governance of Orissa in Oriya // Gateway to open today after heroic battle of the people

Subhas Chandra Pattanayak

Odiare Shasana

ama bhasa ama rajabhasaOnly a few hour left. The heroic battle of the people of Orissa for governance of Orissa in Oriya shall step into the 2nd phase of success at 10.30 AM today in Orissa Secretariat, as the Government’s statement affirming its decision for use of Oriya in every aspect of administration as per its agreement with the Odia Bhasa Sangrama Samiti, will come alive.

The first phase of success had come on July 8, 2015 Chief Minister Naveen Patnaik created a committee of five ministers to work with seven representatives of the Odia Bhasa Sangram Samiti that was spearheading the mass movement for implementation of the Orissa Official Language Act, 1954 languishing since the day of its legislation.

The Committee

 

According to decision of the Chief Minister, a joint action committee for implementation of the Official Language Act was formed with Sri Debi Prasanna Mishra, Bikram Keshari Arukh, Atanu Sabyasachi Nayak, Arun Kumar Sahoo and Pranab Prakash Das – all ministers and Sankarshan Parida, Gajanan Mishra, Dr. Subrat Kumar Prusti, Dr. Bhagavan Prakash, Dr. Natabar Satapathy, Journalist Subhas Chandra Pattanayak and Baishnab Charan Parida MP – all representatives of Odia Bhasa Sangram Samiti. Linguist Dr. Debi Prasanna Pattanayak was taken into this committee where Principal Secretary of Law, Principal Secretary of GA, Director of Odia Bhasa Pratisthan were members from the executive side. Joint Secretary of GA department was taken in as convener of the Committee.

In its first formal meeting, when Dr. Prakash could not attend due to his absence at Bhubaneswar, the ruling party MP Baishnav C. Parida, despite being a member, had unsuccessfully tried to derail the discussion on selfish ground. He has been spewing venom against the Chief Minister whenever an opportunity comes and wants to use the language issue as a whip to beat the CM with. On seeing that the meeting was proceeding in the right direction he was obviously frustrated and the unnecessary noise he made was out of that frustration.

Govt. statement in the website

However, the meeting had proceeded with very clear and constructive cooperation of the rest of the representatives of the Bhasa Sangram Samiti. Three resolutions were adopted in this meeting. (1) Dr. Debi Prasanna Pattanayak would draft and submit a language policy; (2) an user-friendly website dedicated entirely to implementation of the Language Act would be created and (3) members of the Committee would advance their suggestions as should be helpful in implementation of the Act.

Accordingly, when Dr. Debi Prasanna Pattanayak has submitted a draft Language Policy Sri Subhas Chandra Pattanayak has submitted draft of the legal tools necessary for implementation of the Act. Both these documents have been placed in the site created in Oriya for Orissa.

Any legitimate citizen of Orissa can submit his observation and/or suggestions in the matter of implementation of the language Act in a specific page provided in the site and can watch official responses thereto.

The site will not only ensure governance of Orissa in Oriya, but also empower the general public to intervene in case of any deviation.