Official Language officially mutilated: Will the Chief Minister please respond?

Roving Reporter

Orissa Chief Minister Naveen Patnaik has wilfully mutilated the Orissa Official Language Act, 1954 by way of two successive amendments in 2018. This has rendered inconsequential the very purpose of creation of Orissa as a linguistic State.

Founder of Bhasha Andolan, Orissa Sri Subhas Chandra Pattanayak has emailed him on 11th January 2019 to correct his wrong. The CM has not yet responded.  The email is shared below with the people of Orissa, as the Assembly is scheduled to commence its session on the 4th of February.

 

Hon’ble Sri Naveen Patnaik,

Chief Minister

Sub: Orissa Official Language Act mutilated through Amendment, 2018: Request for re-amendment to do away with the defects and for action against the Officer(s) responsible for rendering even the Hon’ble Chief Minister inconsequential

Ref: Cabinet Resolution Dated 14.3.2018 on Orissa Official Language Act, 1954

Noble Sir,

At the risk of repetition apropos my mail dated 29.6. 2018, may it be recalled that, you were kind enough to nominate me as a member to the Ministerial Committee on implementation of the Odisha Official Language Act, 1954. In that capacity, I had conducted a deep research into why the Act, being de jure in force since 1954, was de facto defunct and found out the following defects in the body of the Act, enforced on 14.10.1954:

1. The Government was not empowered in the Act to frame Rules to implement the Act; and

2. There was no provision of punishment against contravention of the Act.

Accordingly, I had given my advice on 3.9.2015 with draft outlines of two legislation – one, for empowering the Government to frame the Rules and the other, for provision of punishment against non-use of Oriya as official language.

I am personally grateful to you for your ultimate acceptance of the above two advices and for amendment of the Act accordingly.

The 1st advice was implemented in Ordinance dated 21.5.2016, later given the Law form in Odisha Official Language (Amendment) Act, 2016.

The 2nd one was given a form of Law in the Odisha Official Language (Amendment) Act, 2018 by insertion of Section 4-A.

But, Sir, under the guise of this noble work, assented to by the Governor on 23.6.2018, mischief was played to kill the very purpose of the Act and the purpose of the creation of the State of Odisha as well, as it was deliberately linked to Cabinet Resolution dated 26.12.2017, which had proposed to reduce the scope of the Act with other highly objectionable ingredients.

In my mail dated 29.6.2018, I had urged upon you to repeal this notorious Section and to please restore the Act to its original form by making a fresh amendment with flawless provision of punishment for its violation. I quote from the said mail for your ready reference here below:

The State Cabinet met again under your Presidentship on 14.3.2018. It superseded the defective Resolution dated 26.12.2017 on the Act and, almost entirely agreeing to our demand, it made it clear that for nonworking in Oriya, only the erring employee and official will be punished, not the Department. In complete acceptance of our argument it resolved, “as there is no provision for imposing penalty against the Officers and employees who are violating the provisions of the notifications under the Act, Government have decided to bring the amendment immediately providing penalties for such erring Officers and employees…so that they will implement the provisions of the notification in its letter and spirit” (Para 2 and 3 of the Press Note of the GA & PG Department, dated 14.3.2018).

But, Sir, your above noble decision has been rendered inconsequential in the amendment drafted by bureaucracy and adopted by the Assembly, for reasons detailed below:

Firstly, the Statement of Object and Reasons of the Amendment do not carry the Reasons spelt out in the above quoted resolution of the Cabinet meeting presided over by you on 14.3.2018. It is based on the superseded resolution of 26.12.2017, completely suppressing the resolution dated 14.3.2018.

Secondly, while illegally using the superseded resolution dated 26.12.2017, the officer concerned has also tampered with the said resolution. When, even that Resolution had laid down that for nonuse of Oriya the Department AND the employees will be suitably punished, the amendment, claiming to have been based on that resolution, provides for punishment to employees OR Department, which is blatantly unauthorized and illegal.

Thirdly, the scope of the Act originally covering the whole of Orissa and all and every Office in the State of Orissa, the amendment has reduced this scope to “extensive use of Oriya Language”, which clearly means that the Act will not be used in whole of Orissa and in all and every office in the State. No amendment can kill the basic purpose of the Act.

Thus Sir, your intention to amend the Act to make it flawless for implementation of the Act “in its letter and spirit” has been brutally done away with by the mandarins while drafting the amendment.

These gross mistakes were overlooked by the Minister Mr. Arukh who moved the Bill in your absence and who just read out the reply to the debate as obviously prepared by the scheming mandarin that had drafted the amendment with a deliberate design against the people of Orissa.”

Obviously, no serious attention was paid to this mail, as a result of which, attempts were made to enforce this illegality on the people of Odisha and their language in Odisha Official Language (Second Amendment) Act, 2018.

This amendment is illegal on the following two grounds:

(1) It has legalized the tampering of the Cabinet resolution of 26.12.2017 while retaining the word OR; and

(2) It has kept the notorious Section 4-A alive, which being based on the resolution of 26.12.2017, over and above the numbers of mischief detailed above, puts the implementation of the Act under the mercy of the departments.

Under the circumstances, I request you to be pleased to please repeal Section 4-A along with Section 3-A from the Odisha Official Language Act in the coming session of the Assembly and to please bring in fresh amendment to quantify the punishment for contravention of Act, as per the Cabinet resolution of 14.3.2018. I also request you to quantify the punishment for contravention of the Official Language Act, as has been done in the Odisha Shops and Commercial Establishment (Amendment) Act, 2018.

Let us the people of Odisha feel that anglicized bureaucracy is not making a farce of the noble decision of our Hon’ble Chief Minister in the matter of our Official Language.

Yours,

Subhas Chandra Pattanayak

Founder of Bhasha Andolan, Orissa

11.1.2019

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SoPS in offense against Utkalmani: Orissa digests, as a semiOriya rules the State

Subhas Chandra Pattanayak

Before Gandhiji was killed, his killer Nathuram Godse had come to him, had said “Pranam” and had pumped in the bullets to his heart in cold blood.

The word “Pranam” used by Dipak Malavya as the title of a signed editorial in the front page of the Samaja of today reminds me of that gory crime.

Malavya has projected himself as executive secretary, ‘Samaja’ board of management.

‘Samaja’ board of management is contrived and promulgated by Servants of the People Society (SoPS) of which Utkalmani Pt. Gopabandhu Das was the Vice-President before he was pushed into death in absence of timely treatment because of treachery of his servant Radhanath Rath, has illegally occupied the paper by using a forged will, which has been exposed in orissamatters.com. Rath had, in nexus with Lingaraj Mishra, prepared the forged will to grab the Samaja under cover of SoPS. And, that forgery had helped them both bag editorship of the paper and political positions like ministers.

After this reporter exposed the felony, the employees of Samaja were deeply worried over legitimacy of their employers. The shroud of doubts over legitimacy of SoPS as their employer was needed to be removed. So the Union of the employees asked the SoPS to clarify on the issue of the forged will of Gopabandhu. SoPS did not dare to answer. Repressive step were taken against union leadership to cause so much panic in the staff and to keep them intimidated that the State labor Laws implementation authorities are now flooded with industrial disputes.

Alert citizens, admirers of Pandit Gopabandhu, journalists who pride over their pursuit have formed a collective body styled Save-the-Samaja-Forum that has moved the Registrar of Newspapers for India (RNI) to take action against SoPS for having illegally occupied the icon paper of Orissa. When the RNI was conducting an inquiry through the ADM of Cuttack to find out the truth, Chief Minister Naveen Patnaik’s office forced the said officer to drop the inquiry midway and send a report to RNI supporting the SoPS claim. It has lead to W.P.(C) No is 11286 of 2014 and SoPS has not yet dared to counter the allegations.

Taking possession of Samaja by using a forged will of Gopabandhu, the SoPS has forced his unique Jatiya Vana Vidyalaya into starvation death and had raped and ravished all that values Gopabandhu and his famous friends of Satyavadi – revered as Panchasakha – had stood for.

Even the birthplace of Gopabandhu is criminally ignored and the famous Vakula Vana that was their seat of activities housing the open air school on the lap of nature has been thrown into elements.

All these chronic offenses against the immortal iconic leader of Orissa have been brought to attention of the Chief Minister by the SSF as well as by the Utkalmani Newspaper Employees Association (UNEA).

Had a semiOriya made by accident the Chief Minister not been protecting the criminals that have occupied the samaja by using a forged will, Malavya and his team should have been in the jail by this time.

They have been trying to hoodwink the people of Orissa by engaging event managers to project themselves as legitimate owners of Samaja and worshipers of Gopabandhu since last year on occasion of his birth anniversary, after being exposed threadbare in these pages on their felonious offenses against Gopabandhu.

And, even out of this venture, pocketing money in the name of Gopabandhu appears to be a strong design. At least, one understands it from the press note released by the UNEA yesterday. Fidgeted by its impact, the so-called editorial titled ‘Pranam” has been enforced in the front page of the paper that Malavya and his gang have illegally occupied.
We give below the photocopy of the Employees’ press note and urge upon the chief minister to ask the police to act against forgery committed on the iconic leader’s last will. He has so far behaved as a semiOriya despite in power for 15 years. It is time for him to graduate into a real Oriya.

Press Release_UNEA1Press Release_UNEA2

Exposure: Bhimsen Yadav of Servants of the People Society wants somebody to kill Senior Life Member Prof. K. C. Tripathy

 

Subhas Chandra Pattanayak

Rogues of Servants of the People Society (SoPS) have illegally occupied Orissa’s oldest newspaper ‘The Samaja’ founded by Panchasakha of Satyabadi headed by the late lamented Pt. Gopabandhu Das and funded by the people of Orissa. We have exposed the crime in these pages with evidences many a time. But they continue to loot the State’s heritage paper, as Chief Minister Naveen Patnaik is in nexus with them.

A very senior member of SoPS – an Oriya – Prof. Kishore C.Tripathy has become a hurdle for the rogues, as he has filed information of the offenses in Police Stations, both at Cuttack and New Delhi, and moved the appropriate court against hijacking of the organization by rogues, who have, by force, occupied the office, under pretense of an election claimed to have been held on June 28, 2012 that has, according to them, removed Sri Chand and Sri Tripathy from the post of President and Vice-President respectively of SoPS.

The hijackers’ team has a retired IAS officer namely S. C. Mantry as General Manager of the Samaja, who has been using his IAS tag to influence lower rank officers of Orissa to keep their eyes closed to all the illegalities being perpetrated by the illegal occupiers of The Samaja. Mantry has even filed a forged will of Pt. Gopabandhu before the ADM, Cuttack to derail an enquiry he was asked by the Registrar of Newspapers for India to conduct.

One Bhimsen Yadav is posing as the Chairman of the Orissa branch of SoPS. Below is what he has told over phone to SoPS President  Sri Onkar Chand on July 03, 2012 that reveals how he wants somebody to kill Sri Tripathy. Read the transcription of the relevant portion.

Bhimsen Jadav wants somebody to kill K.C.Tripathy

And, listen what has he said:

From what Bhimsen has told Sri Chand, it transpires that Mantry as the General Manager, is involved with a scam of at least 5 to 6 crores of rupees per year on account of secret selling of newsprint as wastepaper. Bhimsen’s very reporting to Oncar Chand proves that, to him, despite the fraudulent claim of election on June 28, 2012, Sri Chand is the President of SoPS, not Manubhai Patel. This, by itself is indicative of the correctness of Tripathy’s stand.

The most alarming revelation that jumps out of his telephonic report to Sri Chand is that, Bhimsen Yadav wants somebody to kill Sri Kishore C. Tripathy. He even asserts that, he is ready to take the responsibility, if somebody kills Sri Tripathy.

The illegal occupiers of the Samaja are so embolden by their nexus with the Chief Minister Naveen Patnaik that, Bhimsen is sure that if somebody kills Tripathy, the police in Orissa cannot dare to take any action against him, even if he claims responsibility for the murder!

THREAT TO INDIA’S FEDERAL STRUCTURE: WE FULLY ENDORSE WHAT ORISSA CM HAS WRITTEN TO PRIME MINISTER

Subhas Chandra Pattanayak

History will remember Dr. Manmohan Singh as the person who has rendered the national resolve of India enshrined in the Preamble of the Constitution inconsequential. Yet he is heading a government that is trying to damage the federal structure of India as is marked in Office Memorandum of February 3, 2012 issued by the Ministry of Home Affairs that superimposes a National Counter Terrorism Centre (NCTC) on the State Governments.

It has the mischief of causing a permanent diminution of the primordial role of the Provincial Government in policing the State inasmuch as at Para 3.1, the OM empowers the Director of NCTC to act as the ‘designated authority’ under Section 2(e) of the Unlawful Activities (Prevention) Act, 1967, which would vest in him the power to search and arrest any citizen of the State u/S 3A of the UAP Act behind the back of its Government. It is further set to subdue the State Governments as, under Paras 3.5 and 5.1, it requires “all authorities” that include all functionaries of the State to provide all information and documentary data including confidential reports as would be required by NCTC even though thereby privileges of the provincial governments would be ripped up to the detriment of dignity of State administration.

Even as we have no hesitation in saying that the UAP Act is being misused by the State governments, specifically by the Government of Orissa, to settle scores with political opponents and disadvantageous journalists, we have no problem in foreseeing that the NCTC mischief would pose more severe threat to the federal entity of the States if the provisions as hinted to above are not dropped. The people will be doubly disadvantaged as it can never be said for certain that the NCTC would never misuse the UAP Act.

This makes us fully endorse Orissa Chief Minister Naveen Patnaik when he requests the Prime Minister “to review this order which has draconian overtones”. In a timely letter to the PM on Monday, Patnaik has asked, “Would it not have been advisable for the Union Government to have prior consultation with the State Governments?” To him, “this clearly seems to be an infringement on the federal structure of States as enshrined in the Constitution of India”.