Govt. brought in Baishnab Parida to push the Joint Action Conference on implementation of Orissa Official Language Act into chaos

 Subhas Chandra Pattanayak

In our previous posting, we had given vent to our suspicion that Chief Minister Naveen Patnaik is backing out from the agreement with Oriya Bhasa Saangama Samiti (hereinafter called Samiti) to implement its five point charter of demands through discussion with it after Niladri Bije (Completion of Bahuda Yatra of SriJagannatha), as by then, there was no notice for the discussion from the government to the Samiti.

Exposed, the government immediately contacted the convener of the Samiti to assure that the first meeting of the Joint Action Committee on its demands will be held on the 1st of August without any deviation and the Samiti representatives should be intimated accordingly. Convener Sankar Parida told the joint Secretary of General Administration department who had come with the oral message that the government should immediately notify the Joint Action Committee comprising the five ministers nominated by the Chief Minister and the seven representatives of the Samiti whose names were already submitted to the Government; and then to invite the said members officially to the discussion.

It was surprising that without notification of the Committee, representatives of the Samiti including this reporter were served with individual invitation each addressed as “Oriya Bhasa Sangrama Samitira Pratinidhi” (representative of the Samiti), not as member of the Joint Action Committee originally suggested by the government at the time of braking the fast of Gajanan Mishra. To reaction of the Samiti on this serious lapse, the Joint Secretary who had come with the bunch of invitations to deliver to the members through the office of the Samiti, declared that the Notification was in print stage and will be delivered on the table of discussion. Therefore, he requested the members, on behalf of the Government, to join the discussion at 5 p.m. in the Conference Hall in the 2nd floor of the Secretariat. The time was too short to intimate all the seven representatives of the Samiti. However, the members available instantly at Bhubaneswar, whom the government had invited as noted above, believing the J.S. that the notification would be served on the discussion table, proceeded to attend the meeting.

Welcome in EnglishSCP and G,MishraDebi babu and officialsRepresentatives of the Samiti, including Convener Sankar Parida, Joint convener Gajanan Mishra, Dr. Subrat Prusti, Prof. Natabar Satpathy and this reporter were ushered into the conference hall where welcome into the hall displayed only in English was showing how abhorrent is Naveen Patnaik’s Government to Oriya Language.

Soon, Rajya Sabha member of the ruling BJD Sri Baishnab Charan Parida entered into the hall and an official requested him to occupy a seat meant for the members of ministerial sub-committee in the Joint Action conference between it and the Orissa Bhasa Sangram Samiti. The Samiti had not recommended him as its representative.

Then came Dr. Debi Prasanna Pattanayak invited by the government to the conference as a linguist.

And, officers of various departments including the Law Secretary, Special Secretary of G.A. department, and others occupied seats with necessary files.

Ministers in JACThen the five-member body of ministers including Law Minister Arun Kumar Sahoo, Parliamentary Affairs Minister Bikram Keshari Arukh, Health Minister Atanu Sabyasachi Nayak, Power Minister Pranab Prakash Das led by Industry Minister Debi Prasad Mishra, who chaired the joint action conference, entered and adjusted their seats to accommodate Baishnab Parida, who had already occupied a seat meant for the Ministers.

Orissa Bhasa Sangram Samiti convener Sankar Parida initiated the discussion with thanks offered to the Orissa Government for convening the Joint Action Committee to end the sixty years old hibernation of the Orissa Official Language Act, 1954.. He expressed hope that if the government’s attitude remains positive, there shall be no difficulty in running of Orissa administration in Oriya language.

The joint action conference was called on five-point charter of demand of the Samiti submitted by it to the group of ministers authorized by the Chief Minister on July 8 and reportedly accepted by the CM pending formulation of modalities on the basis of which poet Gajanan Mishra had broken his fast onto death in presence of Law Minister Sri Sahoo in the evening of July 8, after Sri Sahoo gave a clear picture of the CM’s approval of the government’s collaboration with the Samiti in implementation of the 1954 Act, with announcement of the day fixed for the Ministers-Samiti joint action meeting to the day following Niladri Bije. Very aptly therefore, for appreciation of all the members and officials, Dr. Subrat Prusti read out the five-point charter of demands of the Samiti.

Joint Convener Gajanan Mishra and Subhas Chandra Pattanayak discussed various Laws to stress that, use of English in administration is illegal and unconstitutional and neither any office nor any court can be asked or allowed to work in English language to the detriment of people’s interest.

At this stage, Baishnav Parida, ruling party MP, whose presence in the hall was not in consonance with the July 8 agreement of the government with the Samiti, tried to belittle the sanctity of the discussion by bragging about his role in movement for use of Oriya as official language.

Minister Bikram Keshari Arukh asked him to elaborate what steps he has taken in the matter. He told that as a Rajya Sabha MP he has raised the issue thrice in the house. As Mr. Arukh advised him to send the details thereof to the Samiti, he tried to escape by saying that recently he has even written to Central HRD Minister on the matter. When he was asked to produce the copy thereof, he faltered and said, he has not given him anything in writing, but has discussed the matter with the central minister.

However, he continued to disturb the discussion deprecating the official talk with the Samiti oblivious of others active in the field of literature.

Law Minister Arun Kumar Sahoo at this stage intervened and made it clear that the Samiti had tremendous support from all over Orissa and to the government it was necessary to form a Joint Action Committee with the Samiti to implement the Official Language Act in right earnest. The situation was precarious with Navakalevar issue concussing the State and in that extraordinary situation, the Chief Minister had to approve the recommendation of the group of Ministers to go ahead with the Samiti which very aptly gave the Government a breathing time for which this joint action conference has been possible. Yet Sri baishnab Parida went on disrupting the meeting. Bellow is the relevant portion of what Sri Sahoo said:

Prof. Natabar Satpathy, whose long association with the language movement is as principled as forceful, suggested that immediate official steps be taken to make Oriya language the most utility language for the young generation and he showed how this could be possible.

Dr. Debi Prasanna Pattanayak stressed upon formulation of a Language Policy sans any delay. On proposal of the Samiti convener Sankar Parida, it was unanimously decided to give the responsibility of drafting of the policy to Dr. Pattanayak. A website would be soon launched for the specific purpose, chairman of the ministerial group Debi Prasad Mishra assured.

Mr. Mishra further said that Sri Baisnab Charan Parida was invited to be involved with the Joint Action Committee. Government have no objection to implement the Official Language Act; but the modalities need be formulated. For this purpose, the Government would discuss with cross sections of men of letters and language activists, he said.
The Samiti opined that all willing men of eminence in field of literature who should have no objection to the Joint Action Committee should be consulted by the Government with a positive motive. Samiti will not tolerate if unnecessary dilatory tactics are used, the Samiti leadership warned. The Government, if it so desires, can consult with Bishnab Parida’s outfit. But that should be outside the purview of the Joint Action Committee, the Samiti stressed.

The way Sri Baishnab Charan Parida behaved in the joint action conference held between the government on the one side and the Samiti on the other side pursuant to resolution of July 8, it was clear that he was deliberately called and given opportunity to create disturbances. There was no problem for him to submit his views to the government separately. But, attempt to disturb the scheduled joint action conference was not becoming of a ruling party MP.

The Samiti leadership has justified reasons to smell a rat in the official conduct.

Firstly, the known official conduct is anti-Oriya. Despite enactment and enforcement of the Orissa Official Language Act since 1954, the government has kept the law inoperative till date and the present Chief Minister, lest the elite he serves be irritated, has not yet learnt to run administration in Oriya language.

Secondly, despite decision of July 8 and despite declaration of the desk officer that the notification on the Joint Action Committee would be handed over to the Samiti on the conference table, the notification is not issued. On the other hand, as would be clear from the Law Minister’s above placed statement, the government has devised a new plea to say that the July 8 resolution was situational, not sincere.

In such circumstances, it is not unreasonable to apprehend that the Government had brought in Bainab Parida to push the joint action program on implementation of the Official Language Act into chaos.

It is also not unreasonable to suspect that the government is using Sri Baishnab Paridas to kill the language movement led by the Samiti. He had given a very strong speech before Sri Gajanan Mishra on fast onto death under the canopy of the Samiti in presence of leaders like Panchanan Kanungo and Kailash Acharya and Hemant Rath and eminent language activists like Barendra Krusna Dhal, Pradyumna Satpathy, Padmakar Guru, poets like Umakant Raut, Sanjib Parida, and social activists like Pabitra Mohan Maharatha and hundereds of more language activists against the Chief Minister. “Mada au tanka balare kshamata dakhala karichhanti Naveen Patnaik. Kintu se jananti nahin je bhasa prati biruddhata tanku mahanga padiba” (Chief Minister Naveen Patnaik has acquired power by use of wine and money. But shall face the defeat if his abhorrence to language of the people continues), he had, roughly, said. How the same man tried to disturb the joint action conference that was the first of its kind addressed to implementation of the Language Act?

It would be not out of place to mention that Sri Baishnab Parida’s term in the Rajya Sabha is at the verge of completion and unless Naveen babu is pleased, he cannot have a ruling party representation in a legislative body. If the government had “situationally’ (Sehi Ghadisandhi Muhurttare) made a drama of negotiation with the Samiti with false assurance of Joint Action Committee and if, after passing away of that “Ghadisandhi Muhurtta” (moment of predicament) the government is conspiring to back out, then it might be using Baishna Charan Parida to render the assurance inconsequential. And, in order to please the power that be, he had tried to disturb the scheduled discussion. This is just a situational fear.

We shall have to wait and watch.

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Samaja in the maze of forgery: RNI moved to reject ADM’s spurious report and conduct enquiry in right earnest, as Law does not allow any newspaper to run under fake ownership

Subhas Chandra Pattanayak

Servants of the People Society, New Delhi, has illegally captured the Oriya daily ‘Samaja’ by taking advantage of a WILL of one of its founders Pt. Gopabandhu Das forged by his protege Lingaraj Mishra in nexus with Radhanath Rath, both of who had benefited from being successive editors of the paper and, induced to Orissa cabinet by virtue of their association with the powerful daily, had gained immensely in political life. They, in fact, had transformed the paper from basically a social service utility to a power-politics game field, where only the religious revivalists and right-reactionaries were / are conspicuous by their presence.

This transformation has played a major role in strengthening right-reactionary political set-ups in Orissa. Naturally, therefore, the present chief minister, who is known more for being a server of the interest of mega industrial houses like POSCO/Vedanta/Tata/Jindal etc than of the interest of indigenous Oriyas, has found in it an obliging ally. This nexus is demoralizing the officers so much that a district labor officer – P.K.Mohapatra – did not dare to wake up against unfair labor practices rampant in the Samaja establishment despite being notified for several months, and, instead of punishment for this stark violation of his duties as the area labor officer, he was rewarded with a promotion, to the detriment of morality of fellow officers.

Sadly, the syndrome has expanded to other departments too. It is horrific to see that government officers are being forced to serve the interest of the illegal occupiers of this paper by the circumstances created by the Chief Minister himself. A glaring instance has come to light when the ADM of Cuttack, asked by the Registrar of Newspapers for India (RNI) to enquire into alleged illegitimacy of declared owners of the Samaja, had to stop enquiring midway to feed the RNI with a spurious report, after Save the Samaja Forum (SSF) filed a Writ Case in the Orissa High Court seeking a directive to the said ADM to act diligently on the RNI’s direction. The shenanigans marked in the ADM’s office convince us that the ADM was under pressure to rush his spurious report to RNI in order only to render the Writ petition inconsequential.

And, curiously, the ADM had to abandon his enquiry midway under pressure. From documents obtained under RTI, it transpires that, the ADM had asked the Government Pleader of Cuttack to give his legal opinion in the matter; but before the GP could prepare his legal opinion, the ADM closed his enquiry in utmost hurry and without even asking the raisers of the allegation to substantiate their allegation, rushed his report to the RNI. He was, as our sources say, under alarming pressure from above to close the enquiry and send his report to RNI as quickly as possible. Therefore, he had to abandon the enquiry midway.

It is noteworthy that only a day after the ADM was notified by the Advocate General of the Writ Case filed by SSF, he had to entertain a fake WILL of Gopabandhu submitted to him by illegal occupiers of the Samaja and without any enquiry into whether or not it was a genuine copy of the WILL, when absence of any semblance of genuine certification of the true copy, if it was so, of the WILL was crying for such an enquiry, the ADM rushed his spurious report to RNI, within 4 days of being notified of the Writ Case. The ADM was so much overwhelmed by the pressure from above that he did not informed the SSF of closure of the enquiry and submission of his report on July 5, 2013 even when he received a memo from SSF on July 16, 2013, demanding expeditious enquiry.

The SSF has raised a complaint against the spurious report of the ADM and demanded for a fresh enquiry by the RNI as the Press Laws do not allow a newspaper to run under fake ownership.

For documentation, the SSF letter to RNI is given below:

No. 14/CO/2013 Date 20.08.2013

To The Registrar of Newspapers for India (RNI)
(Ministry of Information and Broadcasting)
West Block 8, Wing 2, R.K. Puram,
New Delhi-110066

Sub: Complaint against continuance of illegality in publication of Oriya Daily ‘The Samaj’, under false ownership.

Ref: RNI letter No. 18/177/2012-R3 dated November 20, 2012 read with Save the Samaja forum letter dated 05.10.2012 and letter of A.D.M., Cuttack bearing No. 1353 dated. 05.07.2013

Sir,
We the undersigned are reporters of at least forty years standing. On behalf of “Save the Samaja Forum”, we had urged upon you to please intervene and halt the illegal publication of the Oriya daily “Samaja” (Cuttack) under false ownership of Servants of the People Society, Lajpat Nagar, New Delhi.
The Society above named has been using a false and fabricated WILL of original owner of the paper, late Pt. Gopabandhu Das claimed to have been dictated on his deathbed, just before he breathed his last on 17.6.1928. Like all others of Orissa, we too were mislead to believe the above claim to be factual, because the people who forged the WILL were known for their close proximity to Gopabandhu and had gained public esteem by successively occupying the editorship of the paper. It was beyond our perception that such persons of politico-social eminence could have resorted to naked forgery to occupy the popular paper of the late leader.
But as no sin can be hidden for all time to come, Subhas Chandra Pattanayak, Representative-in-Chief of Orissa’s premiere website orissamatters.com stumbled upon the “exact photo copy of Gopabandhu’s last will” while browsing old papers of the 1980s in professional pursuit. That “exact photo copy of the Will” did not carry the signature of Pt. Gopabandhu Das. Shocked by the unexpected discovery, he conducted a thorough research and found various documents that made him suspect that the Samaja is licensed to run under fake ownership. The forgers had operated under the umbrella of the Servants of the People Society and from their time, the said society has kept the forgery a secret and has fetched tremendous financial benefits by continuously cheating the RNI over ownership of the paper
in sharp contravention of and blatant disregard to the governing law. He exposed the matter in orissamatters.com. That constituted the base of Save the Samaja Forum, which wanted the Servants of the People Society and/or the Samaja to remove the suspicion the stumbled upon “exact photo copy of the WILL” was creating. But they kept mum. They had inserted a quarter-page advertisement in page 1 of the daily Samaja in appealing the public to ignore the allegation raised by Save the Samaja Forum; but they never came out with the genuine WILL, if any, to clear the doubt over ownership. This led the undersigned to attract your kind attention to the dubious ownership of the paper.
We are thankful to you for having initiated immediate action on our complaint. You were pleased to request the A.D.M. of Cuttack to conduct an investigation into the matter and report on action taken (Annexure-1).
But the A.D.M. has sent you his report without any inquiry (Annexure-2).
We had met the A.D.M. many times personally to request him to conduct the inquiry as expeditiously as possible. But regretfully the A.D.M. has sent you the report under Annexure-2 without any inquiry and without even asking us to substantiate our allegation.
It is a matter of great concern that the A.D.M. has, behind our back, entertained a fake WILL of Gopabandhu submitted by the illegal occupiers of the Samaja, even though that copy of the so called WILL is not a valid certified copy of the said WILL.
We have obtained on 13.08.2013 the photocopies of the WILL submitted by the wrongful occupiers of the Samaja through their General Manager by using RTI. A copy thereof is enclosed (Annexure -3) for your kind perusal. It is not a certified copy, whereas we have documents in our possession that proves that, this WILL submitted by the illegal occupiers of the Samaja to the A.D.M. is a fake WILL. Had the A.D.M. asked us to substantiate our allegation we could have submitted the relevant documents.
It is necessary to say here that, the A.D.M., Cuttack had asked the Tahasildar of Cuttack Sadar by his letter No. 62/Gen. & Misc. dated 04.01.2013 to inquire into our allegation and report within a week. The Tahasildar gave his response to A.D.M. in his letter No. 4584 dated 21.06.2013. The A.D.M. then wrote a letter to the government pleader, Cuttack on 25.06.2013 vide No. 2985 requesting him to examine the documents and submit his legal opinion (Annexure-4).
As it was clear to us that the A.D.M. was not acting in right earnest on your letter referred to above we preferred a Writ Petition in the Hon’ble High Court of Orissa seeking a direction to the A.D.M. for compliance of your orders. The Writ Case filed on July 01, 2013 bears the No. W.P. (C) 14507 of 2013. As per judicial custom in vogue, the copy thereof was given to the Advocate General of Orissa instantly who also immediately informed the A.D.M. of the case.
In order to render the Writ Case inconsequential, without waiting for the legal opinion of the government pleader that he had sought for (Annexure-4), the A.D.M. has sent you the misleading and wrongful report on 5th of July, 2013 vide his letter referred to above (Annexure-2).
The crux of the issue is fake ownership of the Samaja based on a forged WILL of Pt. Gopabandhu Das. In order to continue to print and publish the Samaja, the Servants of the People Society is to prove that the WILL of Pt. Gopabandhu Das which constitute the base of its ownership over the paper, is genuine. If they fail to prove the genuineness of the WILL they have produced, they must be debarred from publishing the daily Samaja under their ownership. The law does not allow continuance of publication of a newspaper under false and fake ownership.
Therefore, and specifically as the A.D.M. has blatantly failed in his duty to conduct necessary inquiry and has accepted a fake WILL as genuine to mislead you, we request you to please reject the wrong report of the A.D.M. and to please stop publication of the Oriya daily ‘The Samaja’ under false ownership till at least the Servants of the People Society proves that the WILL they have produced before the ADM of Cuttack is genuine and on the basis of the same, their ownership over the Samaja is also genuine.
Kind Regards,

Sd/- Subhash Chandra Pattanayak
Sd/- Prasanta Patnaik

(Joint conveners of Save the Samaja Forum)

MUFP stands with TV scribe

The MUFP condemns the brutal attack by armed police on TV reporter Amitabh Patra on April 29 early morning who was doing his duty of covering an agitation against Lower Suktel Dam in Dunguripali of Balangiri district.

AMITABH PATRA_INJUREDHis TV camera has been smashed and he has sustained grievous injury on his head. No head scan has been done so far. Without any reason he has been arrested.

The MUFP demands the following:

1. Immediate and unconditional release of Amitabh Patra

2. Offering him proper medical treatment in a proper place with cost to the state

3. Restoration of his camera and returning the same to him in its original condition.

4. Arrest of police officials who have launched the brutal attack on him

5. Compensation for the injury and for loss of property

6. Release of other media persons including Lenin Ray of Nissan

6. Provide proper protection to media persons on duty in sensitive areas and on sensitive matters.

For MEDIA UNITY FOR FREEDOM OF PRESS (MUFP ), Presidium.
Prasanta Patnaik, Subhas Chandra Pattanayak, Gopal Mohapatra, Rabi Das,
Prafulla Das, Ashok Mohapatra, Dwinjen Padhi, Gourahati Das, Sampad Mohapatra, Dwijen Padhi, Sudhir Patnaik

Abduction of MLA Jhina Hikaka: Whither are We?

Subhas Chandra Pattanayak

“The general public of Koraput District are facing numerous socio-economic hardships due to liquor trade and also dying premature due to consumotion of liquor. So there should be total prohibition in this scheduled District for the improvement and all round development of the masses as well as locality”.

Thus had written Jhina Hikaka, MLE from Laxmipur to Chief Minister Naveen Patnaik in a letter he had coauthored with other elected representatives of Koraput District and were he to attend the Assembly, he was to stress on this in his debate. This was not acceptable to his party, the ruling party.

In this letter, he had also stressed on preservation of the eco-system of the hill ranges of Mali and Deomali. When this was also not palatable to the ruling party, his participation in the Assembly might possibly have embarassed the government were he to make a mention of this matter.

The letter had also stressed on stoppage of state terror perpitrated on innocent people in the guise of hounding left ultras just to subject the people to waves of intimidation so that they remain too panicked to open their mouths against illadministration. Had he participated in Assembly proceedings, there was possibility of this matter gushing out into debates. That could have embarassed the government.

“We further request you to undertake steps to curtail PC (percentage) to government officials in contract works”, the letter underlined. This is how the letter not only stressed on end of a wrong practice, but also exposed how development projects are being looted by contractors in nexus with authorites as work orders are being placed with the contractors by officials pocketing portions of their profit by means of percentage. This matter could have embarassed the government had Hikaka been present in the Assembly to participate in debates.

Another point stressed in the letter is anathema to Naveen Patnaik’s administration as it prods the Chief Miniter into action for release of the members of Chasi Mulia Sangh, imlicated in false cases by the police and wrongfully kept in jails even after competent courts have acquitted them. Had Hekaka got the opportunity, he could have raised this point to the embarrassment of the CM in real sense.

Is it, hence, possible that his alleged abduction is engineered by the ruling party to prempt any debate on these points in the ongoing session?

Question may arise as to why he alone has been picked up – if at all the ruling party has engineered it – when two other MLAs, Rabi Narayan Nanda of Joypore and Raghuram Podal of Koraput, who are also competent to raise the issue in the Assembly, had also subscribed the letter?

The possible answer lies in the distingishability of Hikaka from others of BJD, as it is he, who alone is close to Chasi Mulia Sangh to the extent of being the factor of BJD’s alliance with it in the Panchayat polls that has, on the basis of this alliance only, given the ruling party the Chair of the Koraput Zilla Parisad.

Whither really are we?

Swargadwara Must First Be Freed From Biju Patnaik’s Posthumous Encroachment

Subhas Chandra Pattanayak

Posthumously Biju Patnaik has emerged a greater danger to Orissa than when he was alive. Not only almost all the welfare programs and mass concerned institutes are being named/renamed after him, but also public places are being arbitrarily used to erect his statues for keeping the political sky of Orissa shrouded under his shadow for the benefit of his son, who heads a government of sycophants in the State.

Even the greatest of burning grounds of Orissa -Swargadwara – to which Oriyas pour in with dead bodies of dear ones to cremate or with eagerness to stay at Puri towards the last part of life only to have the privilege of getting cremated here, which, they believe, would sure help them have salvation or with commitment to Oriya tradition of paying respect to this holy crematorium as and when they visit Sri Jagannath, has been spoilt with erection of his tomb on its chest for the same nefarious political purpose.

People of Orissa had refused him a fresh mandate, severely affected as they were by scams, scandals and corruption in every sphere of administration when he was the chief minister and so, he had to breathe his last divested of power. The people have now taken up a campaign to free the Swargadwar from his posthumous encroachment.

Even as the Swargadwara land scam has landed in the High Court where the State Government is trying to save its skin, a combine called Jagannatha Sena has started demanding demolition of the tomb, erected unlawfully on this socio-spiritual property of the people of Orissa since ancient days.

First protest against the wrong design

For me, this development is a matter of satisfaction; because I was the first to censure this unlawful erection in my animadversion on Biju Patnaik in these pages on 9 August 2006, which was, till now, the only protest against the wrong done to this famous soil for political and selfish purposes of Panaik’s family and factotums that have managed to occupy power in Orissa taking advantage of the provincial unit of the Congress party gone spoilt under shortsightedness of its so-called national high command.

Apprehension

But, there is apprehension that the litigation before the High Court may lead to legitimization of massive misappropriation of majority portion of this most cherished cremation ground of Orissa on the shore of Mahodadhi (wrongfully renamed Bay of Bengal by the British that had established their headquarters in Bengal after occupying the land).

It is so apprehended; because, the case is now coined over a mere one acre of land whereas according to available information, its expanse originally was more than 30 Acres. If this information escapes the attention the High Court and adjudication remains limited to the relief sought for, this splendid crematorium would stay shrunk for ever.

Originally serving the followers of Buddha, Swargadwara was by manipulation grabbed by a follower of Vedic exponent Shankaracharya, namely Shankara Madhusudan Tirthaswamy, through ‘marfatdari’ (caretaking), in 1889 as, by then, Buddhist Sanghas in Orissa had almost been obliterated. Yet, the land was retained under lordship of Sri Jagannatha as ‘Amrutamanohi’ property.

If the High Court does not look beyond the preferred litigation and keeps itself limited to the dispute over the one Acre, handed over deliberately and mischievously to Puri Municipality in 1985, the original Swargadwara cannot be retrieved from the trespassers that have grabbed the land by manipulative means. The transfer of this small amount of land to the Municipality in 1985 was certainly a shrewd attempt to whitewash the crime and burry below the carpet for ever the illegal occupation of 30 times more land of Swargadwar by the land-grabbers after the same was left under ‘marfatdari’ of Tirthaswamy named supra. This illegality need be quashed with retrospective effect. And, for this, “better late than never” should be the dictum to guide the judicial wisdom.

Judiciary, which is the last refuge of cheated people of Orissa, ought to appreciate that the mischief the Government is playing in this matter is devastative.

Official mischief

In the first official response to public protests against shrinking of Swargadwara, the State Revenue Secretary asserted that the Swargadwara was never in existence. When the general public vehemently protested against this notorious lie, administration amended its version to say that the place the people call Swargadwara, was created in 1985, by way of allotment of 900 decimals of land to the Puri Municipality for crematorium purpose and later, through addition of another 100 decimals thereto on acquisition from private sources, for the same purpose. Out of this 1000 decimals (one acre), the government says, some persons have taken lease from the Municipality of certain portions and thus there is no encroachment.

The details of this, veracity thereof and legality, one expects, would be looked into by the court.

But for us, it is now pertinent to see why Swargadwara needs be freed from Biju’s posthumous encroachment.

Swargadwara: Its history and uniqueness

Before that it is necessary to understand Swargadwar and its uniqueness and why for ages it has stayed so close to the hearts of the people of Orissa.

The uniqueness of Swargadwara is discernible in its geographical location on the sea shore of Puri.

The wind flowing from Mahodadhi (the sea) over Swargadwara almost always moves in the direction of the Jagannatha temple where flutters atop it the flag of Buddha called ‘Patitapavana Bana’. The flag is so named, because Purusottama Buddha, the best amongst the sons of the soil of Orissa (The Real Birthplace of Buddha by Chakradhar Mohapatra, Grantha Mandir, Cuttack) was revered as Patita Pavana (emancipator of the downtrodden).

People believe, life after death, transported from a pyre at Swargadwar by the wind from the sea (Mahodadhi) mingles with the fluttering of the Patitapavana Bana on the Nilachakra of the Jagannatha temple and gets lifted thereby up into the Gagana (sky), conceived as Buddha in Vajrayana.

The greatest amongst the sons of Orissa for all time to come (Purusottama, meaning the ‘best amongst men’), Gurudev Buddha was propitiated as “Sarvavyapinam Gaganopam” by Indrabhuti, the founder of Vajrayana, who then was also the leader of the tribal Udiyana known by the name of Udradesha/Udissa/Orissa, when he coined the epithet ‘Jagannatha‘ for Buddha (Sri Jaya Devanka Baisi Pahacha: Subhas Chandra Pattanayak: Bharata Bharati, Cuttack) .

Jnanasiddhi, the scripture he gave to Vajrayana begins with the following verse:

“Pranipatya Jagannatham Sarvajina-vararchitam,
Sarva Buddhamayam sarvavyapinam gaganopamam,
Sarvadam-sarvasatoyah sarvajna varavararjinam
Bhaktyaham sarva bhavena vaksye tat sadhanam param”.

So Gurudev Buddha is “Sarvavyapi Gagana (all pervading sky) and the Sarvavyapi Gagana is Sarva Buddhamaya (in its entirety full of Buddha) as per Jnanasiddhi where Buddha is propitiated as Jagannatha.

Therefore, here, consigned to fire, when on the pyre the dead person’s body melts into elements, life after death gets transported to the waves of Patitapavana Bana atop Jagannatha temple by the wind that blows over Swargadwara from the Mahodadhi (sea) and thereby gets still higher transformation into the high sky, Oriyas believed, life after death gets enlivened by reaching the beloved emancipator, Gurudev Buddha, who, as noted above, is the sky himself.

This was in essence Swargadwara’s uniqueness in ancient days when Jagannatha was the beloved Purusottama Buddha of Orissa, not Sri Krushna of Dwaraka or Vishnu of Vedic pantheon.

Swargadwara was the greatest renewer of people’s faith in Buddha and remembrancer of his omnipresence in the Sky notwithstanding his presence in the worshiped form of Sri Jagannatha in Purusottama Kshetra, Puri.

Evil design of Vedic chauvinists

Swargadwara is a victim of evil deign of Vedic chauvinists.

From the days of Asoka to mediaeval times, history of Orissa is a history of attack on this Buddhist land by the Vedic chauvinists coming from outside Orissa and transformation of Orissa from a Buddhist place to a Hindu region.

Rev. J. Long in his famous essay captioned ‘Notes and Queries Suggested by a Visit to Orissa in January 1859’ gives a description of how “in AD 311 a king’s daughter had concealed the sacred tooth relics of Buddha in her hair and sailed out to Ceylon, which was then becoming a place of refuge to the Buddhists from the Brahmins’ rage” (Journal of the Asiatic Society of Bengal, 1859, No.III, Vol.XXVIIII,pp.185-87). The Brahmins’ rage was so sharp that a sect of butchers was created by the name of Pasupat Saiva and a non-Oriya King of Ganga dynasty was rewarding the members of this sect with gold coins when any of the said sect was beheading a Buddhist monk.

In Iswara Das’s Chaitanya Bhagavat we find how the King Ananga Bhima Dev being assisted by the Vidic chauvinists had butchered 32 Buddhist monks. In the same epic of Iswara Das, description also of 84 Siddhacharyas going underground after annihilation of 668 Buddhist monks by a King of Keshari dynasty is available in chapter 148 whereas Ekamra Purana gives an account of how a top royal functionary famous as Yama (perhaps for his pleasure in killing others), who had founded the Yameswar temple, had gifted a well sculptured abode adjoining it to a Pasupatacharya known for cruel killing of the Buddhists.

Very recent salvage of as much as 18 tons of silver bricks from Ramanuja’s M.R. @ Emar Math of Puri has generated interest in finding out as to why this massive store of silver was kept hidden in the Math. Research shows that not only silver, but also massive quantity of gold was stockpiled in this Math which has no trace available now though no records are available on use thereof. As for example, on the basis of records researcher Dr. Surendra Kumar Mishra has indicated that in the 15th century (when Vedic chauvinist were most actively campaigning to convert Sri Jagannath from Purusottama Buddha to Krushna of Hindu religion), the patriarch king of Ahichhatra in the heartland of Vedic activism (modern Bareli of Uttara Pradesh) had donated 750 mounds (about 300 kilograms) of gold to Emar Math as well as gold of the same amount to the sixteen villages of caste supremacists and avowed antagonists of Buddhism, notoriously styled as Shasanas (literally meaning the sixteen seats of administration). It is now necessary to investigate into treasure troves kept secret in other Maths; but it cannot be denied, in view of events noted above, that Vedic chauvinists from outside Orissa were bribing Brahmins and Matts with massive silver and gold to destroy Buddhism in its land of origin.

And, under this design, all the Vedic chauvinists and proponents of Brahminism from Samkaracharya to Nimbarka and Ramanuja had camped at Puri and had succeeded in causing confusion in the minds of the gullible public.

The Vedic chauvinists being dedicated to empire building were determined to destroy everything Buddhist, because Buddhist order was the order of democracy, of Sangha against autocracy, of integration against segregation. Sri Jagannatha as Buddha was the only hurdle on their way in India.

This is why the Brahmins – the beneficiaries of Veda and the Royals – the political opponents of democracy, had become one in transforming Jagannatha from Buddha to Vishnu and Swargadwara from a crematorium addressed to Buddha to a burning ground linked to Vishnu.

Instance in epic

This mischief is discernible in the epic ‘Daru Brahma Gita’ of Jagannatha Das of early sixteenth century.

The legend espoused in this epic is about cremation of Srikrushna in Swargadwara of Puri where his body, not completely reduced to ashes, metamorphosed into the image of Jagannatha.

According to this narration, when Srikrishna was killed by Jara Savara, the Pandavas were his only living relations, who were entitled to cremate his body. Under advice of Sahadev, they brought the body to Swargadwara of Srikshetra Puri and put on a pyre prepared of sandalwood procured from Nilasundar forest. But fire could not consume his body except the hands and the feet; because he was to be worshiped as Buddha in the shape of a torso. Following a directive from the sky, they threw the unburnt torso of Krushna into the sea, where, while floating, it was seen by Savar Biswabasu. The Savara consecrated the torso under the banyan tree near Rohini Kunda.

This is the story of evolution of Srikrushna as Jagannatha according to Darubrahma Gita.

That, the story is a shrewd attempt to implant Srikrushna on Buddha, who in torso form, sculptured on matriarch component of Buddhism, was being worshiped as Jagannatha, needs no elaboration.

The story is clearly aimed at misleading the people to believe that the torso worshipped under Bouddha Tantra as Jagannatha, was so shaped, because Srikushna wanted to be worshiped as Buddha sans hands and feet.

The banyan tree where Buddha was meditating, which is famous in Orissa as Kalpabata, is also projected in this episode to make out authenticity for the account given by Das.

And to add strength to this concocted story, blatant lies like the Pandavas deciding to cremate Krushna of Dwaraka in Swargadwara of Puri and the fire failing to consume his body except hands and feet, and unknown voice from the sky directing the Pandavas to throw the unburnt torso into the sea, and the said unburnt torso retuning to the sea shore to be collected by the Savara for consecration under the banyan tree near Rohini Kunda were resorted to sans qualms. In the process of coining the misleading story, Das however forgot that Rohini Kunda was created after addition of Balabhadra and Subhadra to Sri Mandira system, not before that. So,the narration of the torso of Sri Krushna being brought to the banyan tree near Rohini Kunda by the Savara to be worshipped as Jagannatha cannot but be a false, frivolous and fabricated story.

Evidence on ancientness of Swargadwara

For the purpose of our present discussion, the above narration of Daru Brahma Gita is of no relevance, except that it says also of the ancientness of Swargadwar in existence before writing of this epic in early sixteenth century.

If this mention of Swargadwara as a crematorium in a sixteenth century epic fails to convince about its age, let us look at the Gazette of India on Puri District published on 15 August 1977. It records:

“The swargadwara, or the gateway to heaven, is in the sandy beach towards the south-western corner of the town. It is said to be the place where God at the invitation of King Indradyumna came down to consecrate His sacred images. A dip in the sea near it is believed to secure heavenly bliss. When men die, such a place would be the most acceptable for an easy transition to heaven, and hence it has been selected as the cremation or burning ghat for the dead. The beach near Swargadwara is always crowded in the morning and evening. It is largely frequented by bathers, specifically in the month of Kartika. On the full-moon of Kartika (October – November) thousands of people come here to bathe and the concourse is said to number at times from forty to fifty thousand persons”. (page 790)

So, ancientness of Swargadwara as a crematorium of national and celestial importance in the days of the epics, before Jagannatha was transformed from Buddha to Krushna, is also admitted in the modern historical records like the official Gazette of India in 1977.

Now the Issue

What happened to that Swargadwara, which was in existence till at least 1977, the year when Biju Patnaik emerged as a national leader using Jayaprakash Narayan’s movement to his advantage and became a central Minister with his party – the Janata Dal – grabbing power in Orissa?

The present government, led by his son, must answer this question, specifically as its claim puts the life of Swargadwara to allocation of 900 decimals of land for the purpose to the Municipality in 1985.

Land-grabbers were hand-in-glove with Biju Patnaik, then in power, to take to their possession the lucrative sea shore of Puri. And Biju was obliging them. It was so scandalous that eminent MLAs and MPs of his party had raised strong objections thereto, besides party forums , in the media and on the floor of the Assembly. Even a frontbencher colleague of Biju, Tathagat Satapathy having castigated the government on this score in his debates in the Assembly, had put his disapproval in a signed editorial of the well circulated Dharitri that he edits. This is on records.

Therefore it is now essential to officially or judicially locate the expanse of Swargadwara prior to grabbing of power by Biju in 1977, as its existence up to that particular year is admitted in the official gazette cited supra. It was, as put under Tirthaswamy’s marfatdari in 1889, at least of 30 acres.

The entire land is to be retrieved

The so-called allocation to the Puri Municipality in 1985 – when the Municipality was in the hands of Biju followers – was designed to keep beyond purview the illegal change of land records, if any, in favor of trespassers or palm-greasers that, through corruption, have taken away the Swargadwara land.

So, it would be proper for the Court – in consonance with its inherent powers pivoting judicial activism – to trace out the lost lands of Swargadwara by looking into pre-1985 history of this unique crematorium.

All the occupations on this land, prior to and after 1985, need be nullified as the marfatdar (caretaker) had no right to hand over to anyone even an iota of the land kept under his care and the political government in a secular system has no right and legitimacy to tamper with the most cherished crematorium, belonging by origin to Sri Jagannatha and to ancient culture of Orissa.

To make it possible, demolition of the Biju tomb that has shrunk even the existing Swargadwara is an unavoidable must. Unless, the national crematorium is freed from Biju’s posthumous encroachment, other encroachments cannot be legally removed.

It is a happy development that people under the banner of Jagannatha Sena have started a mass campaign for demolition of the Biju tomb. It was illegally erected, admittedly on Swargadwara land, when the land was leased out to Puri Municipality and the Municipality was in the grip of Biju sycophants.

Notwithstanding how this organization looks at Jagannatha, its endeavor to free Swargadwara from Biju’s posthumous encroachment certainly deserves all support.

Cabinet Resolution Would Ruin Health Care: Cancel It

Subhas Chandra Pattanayak

Chief Minister Navin Patnaik, marked for onrush of anarchy to which his government has subjected Orissa’s health care time and again, has allowed his Cabinet pass a resolution on July 6 to bypass the Orissa Public Service Commission, the constitutional authority to select appropriately qualified Doctors for posting under the State Government, in appointment of doctors on ad hoc basis so that privately run dubious medical colleges gain seat selling environment for themselves by getting their alumni appointed in health care jobs in the public sector.

The resolution is cunningly crafted to help persons educated in dubious medical colleges, who, in OPSC exams, may never qualify for appointment as Government doctors.

Havoc played upon Health System

Loot of health-care funds brought on loans from the World Bank for implementation of Orissa Health Systems Development Project (OHSDP) is well on records. But Chief Minister Navin Patnaik, instead of taking steps to punish the culprits, had rewarded the two persons in charge of the health department when the loot was going on – the then Health Minister Prafulla Ghadei and Health Secretary R.N.Senapati – with the Finance portfolio that controls audits or investigations in the matters of financial offences and improprieties with inbuilt command over the administrative mechanism to initiate penal action against the offences or to render them inconsequential.

Environment created for misappropriation

The administration under Patnaik has forced poor patients to pay for treatment in Govt. Hospitals in the name of use of essential funds in health care. But in fact it is a trap to get more money for unbound misappropriation. On 17 January 2007, in these pages, we had shown how government auditors had unveiled misuse and misappropriation of at least Rs.2,09,79,509.00 within a period of around two years in a single Hospital, i.e. S.C.B.Medical College Hospital, Cuttack. The Government is yet not able to tell the people as to what action is taken for recovery of the involved amount and against the culprits involved.

Aborted official conspiracy

Looters of public exchequer, who operate under the guise of NGO, had used the Patnaik Government to take over Government Hospitals. The conspiracy, first resented to by Loksabha member and editor of Dharitri Tathagat Satpathy, was exposed in these pages on 1 February 2007. Government was put on leash; but the modus operandi remained undismissed.

Post fixing

We have often exposed, as for example our posting on 24 January 2009, in these pages, how posting of Doctors are fixed on extraneous and illicit consideration in stark disregard to administrative propriety and essential necessities in health care sector. The practice is going on even now as Notification No.1702 and No1707 of 29 June 2010 shamelessly breathe.

Incorrigibly corrupt

So, despite change of persons in the chair of the Health Minister, the Government continuing under Chief Minister Navin Patnaik, continues to be incorrigibly corrupt in matters of health care.

Phenomenal rise of private Hospitals in Orissa during this period is because Navin Patnaik administration has ruined public sector Hospitals through continuous corruption as sampled above. Some of these private Hospitals have established Medical Colleges whereinto admissions are given on open secret bids to aspirants that are considered too deficient to get seats in Government Medical Colleges. How dubiously many private Medical Colleges run by purchasing corrupt officials of Medical Council of India doesn’t need any elaboration after arrest of Ketan Desai, then its President and his associates in a Rs.2-crore bribery case, by the CBI on 23 April, 2010. Desai had struck a deal for this amount with a single private institute called Gian Sagar Medical College in Patiala of Punjab.

Private Medical Colleges running in Orissa use Doctors retired on superannuation. No authority has ever examined whether or not they are of impaired faculty. No authority has placed before the public details of their infrastructure and facilities against expected minimum so that qualitative study of suitability of medicos graduating from there, may somewhat be possible to help the people decide if health care could be safely left in their hands.

But now the Government in shape of resolution in the Cabinet has created the environment of handing over health care to medical graduates from private colleges.

The Cabinet resolution is equipped with a cunningly crafted escape method. And, that is the method of ad hoc appointment with provision of regularization later.

Dubious method of ad hoc appointment

Ad hoc appointment is the ploy in practice in Orissa to settle deficient persons in government jobs behind the back of the Orissa Public Service Commission.

The OPSC has been crying in vain against this. This is being reflected in its annual reports. The Governor is the statutory authority to take action on reports of the OPSC. But such is the clout that no action is ever taken against any wrongdoer even after notes on how ad hoc appointments have been kept hidden from the OPSC for several years.
I will site two cases pertaining to department of Higher education. There was an IAS officer whose wife was a lecturer appointed on ad hoc basis. She had the requisite class in her Masters degree. But in the interview before the OPSC she miserably failed. She failed also for the second time. There was an official stipulation that if an ad hoc appointee fails to pass the OPSC test consecutively for three times, he or she should be permanently disqualified for the government job. The lady had no chance to pass the test in the third chance. So, she never appeared for the third time. She continued on ad hoc basis till regularized behind back of the OPSC. She is now a senior faculty and her husband is in a prestigious post. There was yet another case where the concerned person was a third class MA, which was below the requisite qualification for lecturership. The OPSC had refused to approve her ad hoc appointment on the ground of deficiency in qualification. Behind back of the OPSC she was allowed for a decade to continue as a lecturer till the Utkal University was tamed to condone her deficiency to create new grounds for the OPSC to allow her fresh appointment with effect from the date the University condoned her deficiency. But, in blatant disregard to OPSC advice, she was regularized with retrospective effect from the date of her first ad hoc appointment and was helped to supersede hundreds of properly qualified College teachers in bagging promotion to Senior Administrative Grade in Orissa Education Service. This was because, she was the sister of the wife of an IAS officer who retired as the State’s Chief Secretary.

Against this background, with IAS officers ruling the roost in Orissa administration with expertise in hoodwinking Laws and with self-centric politicians habituated in serving the interest of whosoever can afford to pay, ready to cooperate, there is no difficulty in understanding what for the Cabinet has resolved to bypass the OPSC in appointment of Doctors.

There should be no difficulty in understanding that unless the proposal to appoint Doctors on ad hoc basis is not instantly withdrawn, health care in public sector would be in total ruin.

Cancel the anti-people resolution

If Chief Minister Navin Patnaik himself is not involved with this foul play, he should review the Cabinet decision in this particular matter and use his prerogative to cancel the resolution for ad hoc appointment of Doctors.

Action Needed Against Inaction of Police: Kanak Tv Man Moves the High Court

Subhas Chandra Pattanayak

A journalist working with Kanak Tv saw a BJD stalwart of Pipili looting a valuable tree from a public place. As a conscious citizen, in due deference to duties enshrined in the Constitution, he advised the person concerned, Prabhakar Behera on the spot, not to cut down the tree. Behera intimidated and dismissed him. This gave birth to media exposure of the loot of the tree by the BJD activist.

On 9th June evening when the said Tv Journalist, Mr. Akhand was returning from his office, Behera tried to murder him at Kanthapur near Kamalasagar patna, under the Pipili Police Station. Narrowly escaping death with severe injuries, Akhand went to the P.S. and filed his complaint.

The Police, on seeing the serious injuries on his body, took instant cognizance of the grievous offense and treated it as FIR and registered P. S. Case No. 112/20120 on the same day, i.e. June 9, 2010 under Sections 307 / 389 / 506 / 294 / 341 and 323 of IPC.

But the matter has been blocked there and the Police, under ruling party pressure, is sloughing over the case.

Media Unity for Freedom of Press (MUFP) reflected the agony of the entire community of scribes of the State in its open appeal to the Home-cum-Chief Minister seeking his intervention in view of visible Police inaction.

No action is yet taken against the miscreant.

Akhand has gone to Orissa High Court seeking action against inaction of Police wherein he has named the Police Officers that have slept over the case. His petition is registered as WP-Crl-448/2010.

Now the questions are: why the Police Station is sleeping over the case even after taking cognizance of grievous offenses like attempt to murder?

Do the BJD members enjoy immunity in practicing loot and arson by stymieing the police in its action as in the matter of murderous assault on the Kanak Tv man by a hoodlum whom the ruling party patronizes?

Are the journalists expected to rush to law courts to seek protection from ruling party goons and dangers designed by the police in nexus with the goons?

If judicial activism is carrying yet any meaning, these questions may suo motu be taken up in interest of society and democracy. And the Police should be subjected to exemplary punishment for sleeping over grievous offenses like attempt to murder even after registering appropriate cases in the P.S.