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.

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.

Former Minister shows how corruption is rewarded in Judiciary

Subhas Chandra Pattanayak

Former Cabinet Minister of Orissa Sri Bhagavat Prasad Mohanty has published instances of how corruption is rewarded in Judiciary. It deserves serious attention, specifically as, Sri Mohanty is a freedom fighter and a renowned lawyer.

He has been contributing a biographical column captioned MO HAJILA DINARA KATHA to an Oriya daily titled Orissa Express. In its edition of October 25, he has given these accounts.

Without mentioning the name of a corrupt Judge, he has discussed a Judge whose upward journey to the position of the Chief Justice of Orissa High Court had begun from a lower class magistrate in Kendrapada, despite location of his corrupt practices. The man is so corrupt that even after retiring as Chief Justice of Orissa High Court, he had managed to grab the Judge-cum-Chairman post of the State Administrative Tribunal till finally fleeing away from the position due to lawyers’ strike.

Mohanty writes, he was shocked to see that his client – a notorious trader of illicit liquor, who would be punished despite his pleading, he was sure – got acquittal in all the seven irrefutable cases the State Excise Police had lodged against him. The Court was held by a Judicial Magistrate appointed for adjudication of narcotic cases in Kendrapada. Before agreeing to act his advocate, Mohanty had made it clear to the accused, that, the excise cases were so strong that, it was impossible to fetch for him any acquittal. He had responded with the words that he was interested only in being represented by a lawyer of repute. That’s all; because, then he shall not bother about the outcome.

And when the cases were answered with acquittal, it was Mohanty, despite being his lawyer, was really shocked. How could he managed to get acquitted, he asked the offender. “By bribing the Magistrate”, was the quick reply.

Mohanty got thrashed by his conscience. He grasped that, the acquittal was pre-decided. Lest the public suspect the Magistrate, a reputed lawyer was to be appointed by the offender.

Thus, at the call of his conscience, Mohanty preferred a confidential letter to the District Judge describing the case and its bribe-induced outcome in details. After 7 days of receiving this letter, the District Judge deputed the Additional District Judge to get first-hand details. Mohanty not only conformed his confidential communication, but also called the acquitted person, who clearly told of the bribe given to the Magistrate to purchase the judgment, even narrating how much money he had paid for which case. The Magistrate was transferred on report of the ADJ.

Mohanty has said that the same Magistrate was promoted to the post of District Judge and was eventually promoted to the bench of the High Court and retired as Chief Justice of Orissa.

Matter did not end there. After retirement from the Chief Justice post, the same person got reappointed as the Chairman of the State Administrative Tribunal, which is the same as the High Court for government servants.

According to Mohanty, in this position also he was selling verdicts against payola. He ultimately fled away from the Tribunal after members of the Bar raised a spectacular and aggressive strike against rampant corruption in SAT.

The Dengue Menace: Chief Minister should explain why his Govt. has kept the 2003 Act inconsequential

Subhas Chandra Pattanayak

Nothing new I am going to say. I am going to repeat what I have said repeatedly earlier.

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

Most of government lands in important areas of Bhubaneswar are illegally occupied by the milkmen who do lucrative business by keeping hundreds of cows in sheds erected on the encroached lands. The 2003 Act was to clear the encroachments and free the capital city of pollution and mosquito menace.

They formed an organization styled ‘Orissa Milk Producers Association’ and moved the Orissa High Court against this new Law, praying for its nullification or in the alternative, direction to the Government 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 dengue 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 by the department directly under his charge.

Another 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, Dengue 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.

Offense against the Assembly

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. Yet it is not implemented. If anything, it is a naked offense against the Orissa Legislative Assembly.

 Scam that possibly funds the CM

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 mosquito menace, from mosquito induced calamities like dengue, 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.

Supreme Court verdict goes barren

The most beneficial Act has most brazenly been rendered inconsequential by Naveen Patnaik. And in this, we see, the Supreme Court verdict has gone barren.

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 further remind the Supreme Court that in the said order, it had emphasized 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”.

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 HospitalThe pictures of filth  given here are captured with the camera near about the State Secretariat. Minister Sanjay Das Burma is staying about 50 meters from this spot. many ruling-party heavyweights and IAS officers are living around this spot. This is the picture of a very important nerve center of  Bhubaneswar. What is happening in the interior of the City can easily be imagined.  As already said, there are 4000 such spots where cowherds are keeping hundreds of cows in illegally built up sheds, filling the entire area with filth. The Supreme Court as well as you dear visitors may please appreciate that no camera can capture the stench. Just imagine, how is Naveen Patnaik managing the affairs.

I call upon every responsible person, who peruses this posting, to ask the Chief Minister of Orissa to explain as to why he has kept the 2003 Act inconsequential if he is not involved with the Rs.1.6 crores monthly scam generated by his perceivable nexus with the milkmen.

demolition of temples_threedemolition of shopsThese pictures would show how slums and kiosks, even temples are razed down in course of retrieving public premises from encroachments. But, despite the specific Act of 2003 and  orders  of the Orissa High Court and the Supreme Court of India  no cowshed has ever faced the eviction crew.
Dengue is taking heavy tolls of human life and all other hazards as noted above are pushing people into death’s pernicious grip. But the milkmen are protected, possibly because around 4000 milkmen are greasing the palms of fellows empowered to implement the Act and the verdicts with at least Rs.4000/- per month. Shame!

Non-Oriya Health Secretary Sabotages the Minister: CM Ought to Know, His Party is spreading AIDS

Subhas Chandra Pattanayak

When on July 7, in presence of Panchayati Raj and Law Minister Mr. Arun Kumar Sahoo and Food Supplies and Consumer Welfare, Employment, Technical Education and Training Minister Mr. Sanjay Kumar Das Burma, the Minister of Health and Family Welfare, Information and Public Relations Mr. Atanu Sabyasachi Nayak told me on his own accord, in his Secretariat chamber, that, the issue I had raised has been ordered to be implemented immediately, I was very happy and was sure, Orissa shall be saved from a great disaster.

But I had no idea that his Secretary – a non-Oriya IAS officer – would sabotage him and continue infecting people of Orissa with AIDS through unsafe blood supplied by Red Cross Blood Banks without proper screening.

I had stumbled upon a case of AIDS caused to a 3 year old boy in 2012.

He was a victim of blood transfusion on operation table.

The blood he was given was infected with HIV.

He was a native of a village of Baramba adjoining my birthplace Tigiria. His father had given me the details of how the misfortune engulfed him and had requested me to take such steps that no child should be such a victim of medial mismanagement. His sobs and tears are still alive in my heart.

I investigated into it and found that in 2011 the Orissa High Court, on awarding a cash punishment to the State to the tune of Rs.3 lakhs, had directed that the Orissa Government must immediately adopt NAT method of blood screening as the prevailing method of ELISA was not competent enough to detect HIV in its “window Period”. The Government was sleeping over it.

I exposed the malady repeatedly with updated input. It attracted attention of Sri Prasad Harichandan, then the Opposition Chief Whip, who moved an adjournment motion on the topic. On September 1, 2012, the then health Minister Dr. Damodar Raut answered the motion with an emphatic YES to the NAT method and announced to adopt the method in all Blood Banks “in phased manner”, which would start with four major Blood Banks serving the 3 Government Medical Colleges and the Capital Hospital.

He could not see his announcement implemented because the health secretary and a few mandarins were interested in continuance of the ELISA method.

I continued to expose the apathy of administration in this particular matter, as a big population of transfusion dependent patients were sure to be affected by the dreaded virus. Taking the cue, almost all newspapers of Orissa used their spaces time and again in this mission; but the mandarins did not buzz.

After election 2014, the portfolio of Health came to the hands of the young dynamic Minister Atanu Sabyasach Nayak.

I raised the issue before him, cries of the unfortunate man of Baramba still vibrating in my heart.

He took two days to study the matter and sent the following “Note” (No.23, Dt.19.9.2014) to the Secretary:

“This is regarding implementation of NAT screening method for blood in four centres catering to 6 major blood banks of the State.

The Hon’ble High Court in 2011 on one PIL case filed before it had passed an order for earliest implementation of NAT. The then Hon’ble Minister, Health and F.W., Odisha had assured on the floor of the House for implementation of NAT in phased manner while answering an adjournment motion in the subject on 01,09,2012. A Technical Committee constituted by the Government had visited two States i.e. Karnatak and Uttarpradesh and inspected various centres where NAT was implemented and had given their report.

I am told, the SBTC was directed to go ahead for implementation of the project. The major procedure involving Financial and Technical formalities are also over. The Technical Expert Committee has also given its views on the Request of Proposal received.

It is a matter of concern, why the important decision to implement the direction of Hon’ble High Court has not been operationalized till date.

A detail report in this regard is to be called for at the earliest. A meeting in this regard may also be convened at your level as early as possible to expedite the process.
Sd.
A.S.Nayak,16.9.14

One year has passed away since then. Implementation is hanging under many pretenses.

This is a classic instance of how incompetent or ill-motivated mandarins in the Secretariat have been playing tricks upon the political Government.

It is an instance of how a non-Oriya IAS officer has continuously kept the Minister in dark, while pushing at least two Oriyas into AIDS everyday by forcing unsafe blood upon them.

Yesterday, the Chief Minister addressed a workshop of his party in matter of Jivan Sindhu, a project of BJD to make the party appear concerned for the people. It transpired from his speech that since commencement of this project six months ago, its collection of blood has reached 37,232 units.

Medico-scientific surveys have established, and the High Level Technical Committee held under the chairmanship of the Health Secretary on 17.10.2014 had held that, “NAT yield (ELISA Negative & NAT positives) is around 500: 1” which means, NAT method detects one case in every 500 units as HIV positive and ELISA detects none.

All the blood units in Orissa are being screened in ELISA method. This prompts us to suspect that out of the 37,232 units of blood collected and supplied by BJD during this six months under the banner of Jivan Sindhu under guidance of the Chief Minister, AIDS causing viruses have been pumped into at least 76 unsuspecting patients.

This is a very serious situation.

Jivan Sindhu is a political program of the ruling party aimed at appearing pro-people as it is increasingly being viewed as a server of avaricious industries at the cost of indigenous population. The CM wants that, before the next election, its blood collection should exceed 5 lakh units.Vote bank politics can go to any extent.

If NAT is not immediately implemented, the said 5 lakh units would be forcing at least 1,000 Oriyas into AIDS by way of blood transfusion.

Health Minister Atanu babu should immediately wake up as the concerned Minister and foil the foul game of the non-Oriya IAS officer, who, as Commissioner-cum-Secretary has been presiding over the horrific delay in implementation of the already approved program, is playing; or if he is unable to administer his Secretary, the attention of this Chief Minister should immediately be drawn into this malicious conduct of the mandarins.

Human life is more precious than the lady IAS officer, whose negligence and incompetency is pushing unsuspecting Oriya patients into the pernicious grip of HIV.

Any further delay must not be allowed.

Saswat Pattanayak on Killing by the State

Saswat Pattanayak is a known voice of humanitarianism. He is known as a campaigner against capital punishment, against State becoming a killer. His views on final punishment given to Yakub Memon this morning in social media call for serious cogitation. I have picked up his words for esteemed visitors to these pages.

(Subhas Chandra Pattanayak)

There is no need for blame games, now that Yakub Memon has been killed by the Indian State. And there is no irony in Kalam’s funeral being held on the same day either. Nations that worship missile men don’t get to preach nonviolence and forgiveness at the same time. Just like Mukherjee, Kalam too had rejected mercy pleas. Just like Kalam, K. R. Narayanan also had rejected mercy pleas. And before him, S.D. Sharma. In fact, the only one in recent times who did not supervise execution was the only woman president: Pratibha Patil, although that could have been purely incidental. All presidents across religions and political affiliations have bossed over death penalty executions in India.

Institutional killing of people by India is so random and considered so casually, that the country does not even have any official figures available towards that to critique. However, from limited available data, it appears that well over 2,100 prisoners have been executed in India since its independence. And of course, countless more are “encountered” for being “Maoists”, “terrorists” and being just whatever the heck. “Encounter cops” are rejoiced protagonists of Bollywood movies. Private militia continuing caste-based murders are paramilitary heroes. Death penalty is in vogue – inside courtrooms, on the streets and in newsroom debates.

It is sick, it is tragic, it is macho, it is justice, it is time for ladoo. Call it what we may, India is the citadel of death penalty. The discourse needs to go beyond blaming the president alone. Presidents are merely symbolic representatives of our collective thirst for blood. Expecting them to get merciful or failing which, be termed monstrous is an exercise in moral high ground marathon. Well before mercy petitions arrive, it is our holy cow enlightened judiciary that already seals the deal by not resisting the urge to issue death sentences, dozens after dozens. It is our wise judges who have taken it upto themselves to decide that death penalties are necessary. It is our Constitution that provides for such an unchallenged option. It is our cops and military who receive medals for being killers. It is our children who aspire to join these violent clubs of future in name of showing off patriotism.

As of now, 140 countries in the world have outlawed death penalty. India the land of nonviolence and peace howsoever fabled, continues to adamantly oppose every UN resolution that seeks to ban death penalty. And it is therefore all of us who still take pride in such a heartless immoral construct of a country. It is not Mukherjee alone. And it is our humanity that is hanged in installments. It is not an Afzal Guru, or a Yakub Memon alone.

Forgery in the Samaja: Trade Union’s FIR registered Against SoPS Members and IAS (Rtd) Suresh Chandra Mantry

Subhas Chandra Pattanayak

The forgery committed on Gopabandhu’s Will having been exposed, President of Utkalmani Newspaper Employees Association Sri Deviprasanna Nayak had put the information before the IIC of Cantonment Police Station, Cuttack on May 12, 2015 demanding criminal action against the members of the Servants of the People Society as well as a retired IAS officer Suresh Chandra Mantry and a former Editor of the paper Sri Gopalkrushna Mohapatra, for use of the forged Will despite knowing that the same is forged. After inordinate delay of around three weeks, the IIC has registered the FIR on May 31, 2015, under sections 420/465/467/468/471/34 IPC, which are the major penal provisions against the crime of forgery. The punishments under these sections are very stiff.

Section 420 stipulates that “whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 465 mandates, “Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 468 provides for life imprisonment or imprisonment of either description for a term which may extend to ten years and fine. Under this section whosoever is not give life imprisonment, shall be punished with imprisonment up to ten years with fine. Its language is: “Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, moveable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any moveable property or valuable security, shall be punished with *[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”. * Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

Section 468 provides that “Whoever commits forgery, intending that the *[document or Electronic Record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”. * Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document forged” (w.e.f. 17-10-2000)

But Section 471 is for users of forged Will. The fellow who uses a forged Will shall be punished with imprisonment and fine. It says, “Whoever fraudulently or dishonestly uses as genuine any *[document or electronic record] which he knows or has reason to believe to be a forged **[document or electronic record], shall be punished in the same manner as if he had forged such **[document or electronic record]. * Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000). ** Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document forged” (w.e.f. 17-10-12000)

And, Section 34 provides punishment to gang of criminals. It says, *”When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone”. *Subs. by Act 27 of 1870, sec. 1, for the original section.

So, the criminals in the forte of the Samaja and SoPS are now to face the law that calls for imprisonment and fine.

The two fellows who had forged the Will of Gopabandhu – former ministers of Orissa and editors of the paper, Radhanath Rath and Lingaraj Mishra –  have died before their crime was detected. Another criminal Manu Bhai Patel has died recently. Another accused – Santosh Kumar Muduli is also dead. Udaynath Sadangi whose name is in the written information is also dead. The trade union shall demand for posthumous punishment to them as they were individually and collectively perpetrators and users of the forgery.

Some other fellows who have been named in the FIR, but not shown as accused, will hopefully come to books by the time the charge sheet would be ready.

The accused enlisted by the investigating officer, pending final updatation of the list, are: (1) Manubhai Patel, (2) Raj Kumar, (3) Deepak Malviya, (4) Vimsen Yadav, (5) Prasanna Vadan Mehta, (6) Onkar Chand, (7) Niranjan Rath, (8) Kirtibhai Pandya, (9) Ajay Kumar, (10) Gopalkrushna Mohapatra, (11)Suresh Chandra mantry, (12) Santosh Kumar Muduli and (13) Lingaraj Mishra. The first and the two last accused persons are, as mentioned supra, dead.

(Note: The 12th accused is not an accused in reality. He is one of the victims of the offenders. The IIC has inadvertently mentioned his name and prefixed it with a nonextistence mark, in place of, according to him, late Radhanath Rath.)

The living culprits have a gang of hounds from the pull of retired IAS officers, IPS officers, and Judges in their service as advisors, who are lobbying for killing of this FIR. They have also a powerful ally in Chief Minister’s Office, who, despite being a junior officer is being regarded as ‘Super Chief Minister’ from whom Cabinet Ministers and Secretaries including the Chief Secretary are getting instructions as if from the Chief Minister. His protection to Samaja hijackers is a great obstacle in action against located culprits that stay safe in the ramparts of the Gopabandhu Bhawan. The inordinate delay in registration of the well documented FIR is because of their pressure.

Book CoverWe in orissamatters.com have regularly investigated into and detailed the crime and our book “The Samaja in Maze of Forgery”, very ably compiled by Sri Deviprasanna Nayak is a highly well documented book of rare meticulousness that has become an instant seller. The first edition is at the verge of necessitating a second edition, according to its publisher Sri Pabitra Mohan Maharatha. The reports of orissamatters.com are being posted by the ‘Save the Samaja Forum’ in savethesamaja.com and the ‘save the samaja’ page in social media: Face book. It is noteworthy that the page is getting ever increasing ‘like’s everyday, which indicates that the people all over Orissa have been keeping alert eyes on this matter and appreciating the exposure.

So, despite lobby by the pack of hounds – former IAS, IPS, IFS Officers and Judges – the case cannot die sans action.

With this case, a new chapter in the history of mass action against crime by fellows, who have been dazzling under the arch of journalism misusing the media power of the Samaja, is going to be written in golden letters.

Orissa, keep watch.

Sankaracharya had no Business in Snana Yatra

Subhas Chandra Pattanayak

With the help of caste-supremacists in administration, Sankaracharya and his troop stepped on the bath podium of SriJagannatha on Snana Yatra. But except posing for the TV cameras, he had no business to perform in the podium.

When the State is run by a chief minister who does not know the history of her social evolution and of how and why Buddha became Jagannatha, administration is bound to bow down to religious chauvinism; and that happened.
Adi Sankara had established Gobardhana Matha with the sole villainous purpose to train the Brahmins how to vitiate the Bouddha-Vajrayanic worship of Jagannatha with Brahminic worship system. For this, the Brahmins were being trained in the Gobarddhana Matha by Sankaracharya.

Through impudence the Brahmins were trying to impose the Vedic system of worship in Sri Jagannatha temple. To confuse the people scriptures were created to say that SriJagannatha’s worship should be performed not only in the method of Bouddha Tantra, but also by using Vedic Mantras. Verses, such as “Amnayagamavedaya Shuddha Buddhaye Te Namah” were used to justify transgression of Vedic system into the Buddhist system of Jagannatha.

As Adi Sankara was stressing upon Govinda, with the help of the patron kings of Brhminism like Purusottama Dev, attempts were made to transform Jagannatha to Gopal Krushna and, to people of Orissa to whom Jagannatha was Kali (Nilardrou SriJagannatha Sakshat Dekshina Kalika), Sanskrit verses were created to convince the people that Dakshina Kalika is non but Krushna; such as Kalou Kali Kalou Krushna Kalou Gopala Kalika (In Kaliyuga, the redeemer is Kali who is also Krushna and Gopal who is Krushna is none but Kali) and against such shrewdly created confusion, VijaMantra (preamble of worship) with which Jagannatha was to be invoked was made pregnant with Brahminic mischief such as “Om Gopijana Ballavaya Namah” and when people sternly protested, it was amended to “Om Klim Krushnaya Govindaya Gopijana Ballavaya Namah” thereby showing the people that “Klim” representing Kali is also Krushna, Govinda, Gopijana ballava” whom worship was being offered.

Such acts of impudence and tricks were being taught to the Brahmins in the Gobarddhana Matha of Sankaracharya.

People had revolted against this and partially succeeded as a result of which the Sankaracharya’s role as trainer of the Brahmins had been done away with.

Under consistent protest of the people of Orissa, Sankaracharya had been divested of whatever role he was having in worship of Jagannatha.

We gather it Prof. K. C. Mishra, who in his famous book Cult Of Jagannatha has noted,

“The priests of Jaganntha temple learn the art of ritualistic worship from this Matha (Sankaracharya Matha). That is, this Matha is responsible for the education and training of the priests in respect of worship to the deities. After obtaining sufficient training at this Matha certificates are issued to the priests. They are then, by an order of the king, entitled to enter into the priesthood. The system is no longer in vogue in the temple” (Cult of Jagannatha, Firma: K. L. Mukhopadhyay, Calcutta, 1971, p. 125)

Thus, Sankaracharya has no role in Jagannatha temple. Nowhere in the Satwalipi (The Deed of Right), has he been allotted with any service in the Jagannatha temple. The High Court verdict he has been citing to transgress into Jagannatha system has no relevance to his self-proclaimed authority on Jagannatha.

The judgment has not gone into social history of Orissa that has brilliantly recorded the deracination of the statues of Adi Sankara and his first chela Sankara from the Ratnasinghasana of Jagannatha by the people of Orissa in the regime of Divya Singha Dev in late 1700s. The judges have not reflected in their verdict any view on whether or not SriJagannatha is Buddha and whether or not Buddhism and Hinduism are different. The said Judgement is an instance of non-application of mind to the real issue of whether or not Sankaracharya has a specific role in affairs of Jagannatha that would entitle him to the privilege he has been claiming. The said Judgment is a judicial intervention in religious matters that supported Vedic religion oblivious of how would it affect the Bouddha Tantric / Savara Tantric heritage of Jagannatha.

However, it is seen by all, that, despite invitation generated by the caste supremacists, the Jagannatha system has not allowed Sankaracharya to perform any service on the Snana Mandap yesterday except he and his troop posing for the TV cameras to show how impudence become a religious achievement by the standard of Sankaracharya.

In allowing him to step on to the Snana Mandap with religious egoistic fanfare, the temple administration has cooperated with his impudence, to the detriment of the uniqueness of Buddha, the son of the soil of Orissa, being worshiped as Jagannatha.

Impelled by Inner Soul, Standing Counsel Resigns

Subhas Chandra Pattanayak

New Schools have been promised. New schemes have been announced education of children engaged in drudgery. Wordy acrobatics are in full display to convince people that Naveen Patnaik’s regime is committed to make every Oriya child educated.

I am not going to repeat how schools have been made the hubs of forged certificates. I am not going to repeat how  the Directorate of School and Mass Education has corrupted school education and has become a sanctuary of officers who act in nexus with and protect the school teachers that forge High School certificates and how recommendations of the Board of Secondary Education for lodging criminal cases against forgers of School Certificates caught with corpus delicti in course of investigation are ignored by the authorities.

I am not going to tell how massive numbers of schools have no roof, no sanitary facilities, no playgrounds.

I am not going to inform how the schools are politically forced to stay out of teaching, as majority time of the schools get lost in arrangement of mid-day-meals.

I am not going to report how the School and Mass Education Department is not behaving as an ‘ideal employer’ as the Supreme Court has advised the public sector employers to be, because of which, more than 20,000 cases have been preferred by tortured teachers, out of which are 5000 Contempt of Court cases against the Government for not having honored the directions of the Courts as and when issued for settling the disputes the department is entangled with.

But I am going to tell you that, so incorrigibly litigant the department has become that, its Standing Counsel has resigned from the post, being pushed by the State government into a state of suffocation, where helping the Court with “effective” legal assistance as the departmental lawyer was becoming impossible.

The department is pushing the teachers and the schools into predicaments compelling them to seek redress in the Courts. But when cases are lodged and petitions are received and cases are registered and time for Government’s response is notified,  the department is not advancing its counters. Around 15,000 cases are pending at the initial state, as the government has been ignoring the necessity of formulating their counters, years after years, for around fifteen years.

BPTSuffocated to the core,  with the feeling that the Government’s reluctance to end the cases as soon as possible so that the teachers and institutions shall come out of the cocoon of litigation to devote their best to education in the state, the Standing Counsel Adv. Bibhu Prasad Tripathy has tendered his resignation a few days ago.

“MY INNER SOUL IMPELLED ME TO TENDER MY RESIGNATION”, he has said the Government. He is one of the finest lawyers the State has ever produced. An alumnus of the famous National Law School of India University, Bangalore, Mr. Tripathy is General Secretary of Progressive Lawyers’ Association and a member of the State Bar Council of Orissa.

For documentation, we place here his resignation letter:

BPT_Resignation

Conflict between two activists indicates to what extent Orissa is worried over limping steps on Chit Fund

Subhas Chandra Pattanayak

Money saving avenues are available in plenty from postal to public sector banks in every nook and corner of Orissa. Deposits in these saving banks not only fetch higher income through interest, but also help the Government with funds for welfare of the people. But, allegedly 40,000,00 persons of Orissa, who had some money to save, did not prefer the saving banks in the public sector and, for more profit, they designed to keep the State in dark about their investable funds. They, because of their avarice, run after “profit” instead of “interest”.

Avarice led them to wedlock with the crooks who have such an empire that the Supreme Court having ordered for CBI investigation into the offense, has not thought it proper to allow the investigating agency to act as it likes, because, perhaps it has felt that, unless constantly monitored, the highest national wing of investigation might be swayed away by the force of money the crooks command and the political patronage they enjoy in Orissa, the State of idiots where compradors rule.

The people of Orissa, as a whole, are not involved with this unethical, opportunistic partnering of avaricious investors with the black money empires and, therefore, in no way the State Exchequer should be forced to cough up money for the said investors; as, had they not been cheated, they would not have shared their “profits” with the public.

The only public concern of Orissa is, therefore, not recovery of money from the swindlers, but punishment against the swindlers for their criminal conducts. Whosoever conducts a crime must be punished, says the Laws of this land that has defined the crimes and prescribed the punishments.

Indian criminals are mostly unpunished, not only because the investigators do have secret agents of the criminals in their midst, but also because, the criminals have their patrons and protectors in the judiciary.

Against this backdrop, it is good that the apex court of India has taken onto itself the burden of monitoring the chit fund investigation by the CBI. In this, the court has also taken a risk.

The chit fund swindlers are known to the people thanks to media with marked mania to claim credit for exposing any crime committed under the nose of administration.

There are agents of the crooks in media also. Owners of media organizations and senior working journalists dragged by CBI into investigation chamber and thrown into jails as under trial prisoners makes the point clear.

Yet, it is media in general that has refused to side with the crooks and has exposed the felony of the chit fund operators and has made the general public aware of the ongoing offenses. Resultantly, social media has fabulous information on what is happening in the chit fund matter.

So, principled media and social media are keeping alert eyes on the role of CBI as well as the Supreme Court in matters of chit fund. Slowly but steadily this is making people conscious of how powers that be play havoc with their collective life by creating a climate of crimes.

Right to Information has emerged as a great weapon in hands of the people and RTI activists are making their contributions to mass awakening in this particular matter more conspicuous, as their watchful eyes continue to study the role of CBI vis-a-vis the Supreme Court.

And, as I watch, this watching upon the proceedings of the chit fund inquiry has become such an obsession with RTI activists that one of them, Jayanta Das has severely reprimanded his admired friend Alok Jena in social media – facebook.com – for rejection of an IA of Jena in the Supreme Court recently, though he knows that Jena had to take the risk of pleading his case himself in the Court against an array of astute advocates engaged by the crooks and their associates.

Das admits that Jena has been fighting the case with funds generated by mortgaging even his wife’s jewelries. Yet, when he failed to engage a lawyer, basically because of lack of funds and resultantly failed to convince the Court due to lack of personal expertise in tackling the tricks of law, the RTI activist has not hesitated to subject him to scathing criticism. This is nothing but a facet of people’s restlessness to see the crooks punished.

When an outstanding ally of Jena like Das resorts to heartless censoring of his friend over his failure to generate a favorable order on an IA petition, It suggests very strongly that the people are uncompromisingly serious in the matter of chit fund investigation and equally restless to see the crooks punished.

Here the image of the Supreme Court is at risk. People are conscious that top judicial functionaries like Justice Laxmikant Mohapatra are not yet dragged into investigation even though their link with chit fund operators is discernible. People are aware of the fact that Orissa High Court has already helped a ruling party MP save his status by allowing him to join the Parliament for a day before last limit of 60 days of absence in the House expires in his case, he being an under-trial prisoner. People are conscious that Orissa High Court has helped former Advocate General of the State escape the CBI Court hock by bagging a bail order under unprecedented judicial shenanigans the like of which had never reached people’s eyes in this State. People are shocked to see MLA Pravat Tripathy getting enlarged on bail by the High Court. All these have happened when the CBI investigation into chit fund felonies is going on under Supreme Court direction and monitoring.

The entire matter of chit fund felonies and CBI investigation thereon is a matter that rests with the Supreme Court and hence, the High Court should have refused to intervene in the cases aforesaid.

As CBI has the history of being misled by powers that be and as Indian Judiciary has history of rendering important cases inconsequential, the people are naturally worried over delays in determining and punishing the crooks that have criminally cheated about 40,000,00 people of Orissa.

The Supreme Court should review all the bails granted by the High Court and all the inactions the CBI is marked for in matter of investigations into the chit fund cheating.