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.

Dismissal a must, as no minister is more precious than the Chief Minister

Subhas Chandra Pattanayak

Scams are so vast and so stupefying that for the ‘supremo’ of the ruling BJD and Chief Minister of Orissa Sri Naveen Patnaik, jettisoning a few of his cabinet and party colleagues seems now to be the only available way to escape public wrath.

His stoic silence on the offenses of land loot by his close colleagues and their families, on funds loot by chit fund operators with whom top functionaries of his government do seem to have had deep nexus and to whom his functional support had given necessary boost in public esteem helping them build up their illicit empires, do emphatically suggests that either he has no political wisdom to understand what is going on in his circle or has personal involvement with the crimes that the syndicate under his protection has been carrying out. Either way, his credibility is affected.

He is certainly in a very deep quagmire, as glimpses of what the CBI is eliciting from raided rogues show that the State Crime Branch under his control, instead of bringing the offenders to book, was trying to keep its eyes closed in many matters.

Whosoever has appropriate intelligence to know what is what, is now looking askance at him with such disgust that it would never be a surprise if members of BJD openly revolt against him in order to save their respective public images at least in their  constituencies. Come the general elections, sycophancy to Naveen will no more help them win, they are now sure.

To preempt this revolt, Naveen has prepared a road map to dismiss some of his ministers, party colleagues, close aids and not only that, but also to subject them to penal prosecution, while simultaneously trying to please the loudmouths with largesse such as cabinet berths and coveted positions in the party where they may feel elated.

Two of his latest actions give us this indication.

When a senior bureaucrat Debaraj Mishra has been suspended from service yesterday and strict orders for his prosecution has been issued, the Athgarh MLA has been awarded with the position of chief coordinator of BJD for co-operative elections. Last session of the Assembly had witnessed, the Athgarh MLA had raised certain issues that had given his party government a lot of embarrassment. So, the boss of BJD making him the boss of electoral campaign for co-operative societies is of no less significance in the present context.

When the first action is meant to impress the people that the CM is far from compromising with corruption, the second action is  meant to impress his party colleagues that he is yet an accommodating leader.

This is as per plan to repair his severely damaged image.

Road map is ready to repair his image through public contact campaigns to start from October 2, wherein members and workers of BJD will march on foot to tell the people about his distinction in dismissing close colleagues on coming to know of their corruption. And, the gullible people, BJD think tank believes, will again fall in Naveen’s trap.

So, most probably, some of the ministers will be dismissed before October 2. Even penal prosecution against a few of them cannot be ruled out, as there is no other way to save the skin of the Chief Minister, when waves of exposure generated by CAG and CBI are too strong to slough over.

Co-operative system is over-saturated with corrupt elements that mostly would form the electorate. So, there may be no difficulty in winning the societies. Naveen will try to show it as continuance of public faith in him. Read with the impact of dismissal and disciplinary action against the tainted ministers and party leaders, the co-operative haul up, if that happens, would give him the revival he is in so dire need of now.

Under the scheme, therefore, dismissal is a must for some of the cabinet members.

In fact, no minister is more precious than the Chief Minister in the parlance of BJD sycophants.

Epideictic acrobatics won’t do; the Prime Minister should subject himself to credible investigations beyond the CBI

Subhas Chandra Pattanayak

Prime Minister Dr. Manmohan Singh’s assertions that he is ready for interrogation by Central Bureau of India in matter of coal scam seems like epideictic acrobatics to hoodwink the people. He has not asked the CBI to include his name for interrogation.

By this time, he should have placed himself for interrogation on records by convincing his fidgeting colleagues that he is, as he has belatedly said, not above the Law. But he has not taken any discernible step in this regard.

He has not yet told the people, if he is not involved with the crime, why did he take so much time to express willingness to be interrogated by the CBI. His motive and modus operandi in causing this delay need be revealed to the public, so that his sincerity can be gauged.

He should, if he is sincere, divulge details of steps, if any, he has taken for fixing responsibility for the missing of relevant files and tell the people clearly, who has stollen or destroyed the files containing notes and orders of concerned functionaries including himself. Mere saying “I am not above law” is of no relevance, because every idiot also knows that nobody is above the Law.

When missing of the files was known and needle of suspicion was pointing at him in public perception, he had asserted that he can’t say where the files had gone, because he was not the custodian of the files.

So, he was aware of missing of the files.

Being aware of the missing of the files, over which people were to look at their Prime Minister askance, in order to keep in tact the glory of the chair of the Prime Minister, he should have immediately taken exemplary punitive action against the last handler of the files, who could have been instantly identified from the ‘File-Movement-Register’ the government maintains. And, he should have ensured that the files are retrieved, if they were not willfully destroyed.

Instead of resorting to epideictic acrobatics that he is ready for interrogation, he should publicly say as to why he has not made his government punish the last handler of the missing files and why he took such huge time to be ready for interrogation. More importantly, he should explain his silence over the swindle worth Rs. 1.86 lakh crores due to his favoring Kumar Mangalam Birla of Hindalco Industries Ltd in coal blocks allocation, as reported by the national auditor. Why should he tell the CBI of this instead of telling the people? Why should there be the necessity of interrogation? Is confession before the people not better than admission on interrogation table?

And why should he be interrogated by the CBI? Is not the CBI dancing to the tune of his government? Is the CBI not denuded of essential credibility during his tenure as the Prime Minister? Who shall believe that the CBI would act independently and impartially in its investigation against the Prime Minister? Situation is so sour, even if the CBI acts independently sans any motive, people will not be convinced that the investigation was proper. And, for this sad situation, who else is responsible than the Prime Minister Dr. Singh?

So, in such circumstances, the Prime Minister should confess every details of his involvement in the scam that has been reported by the CAG to have caused a swindle worth Rs. 1.86 lakh crores; or should accept either of the following two suggestions, in interest of the nation in general and of the dignity of the chair he occupies in particular.

Firstly, he should urge upon the Chief Justice of the Supreme Court of India, because the coalgate investigation is being monitored by the Apex court, to create a ‘Special Task Force’ for the purpose, comprising experienced sleuths from crime branches of all the provinces, who, unlike IPS officers, will act sans any fear for the Central Government, and thus, whether or not Dr. Manmohan Singh is the real culprit could be convincingly found out; and secondly, as an alternative, he should appoint a judicial commission of enquiry to help the people know whether or not he himself is the culprit.

The country has a great precedence of the second pattern.

In a special situation created by Jawaharlal Nehru’s government in the centre, Biju Patnaik occupied the chair of Orissa’s Chief Minister on 23 May, 1961 and immediately indulged in looting the State Exchequer for his personal gain and created a gang of co-looters in his ministry that destroyed all administrative norms and ethics in the nasty game of avarice and aggrandizement.

His misrule being absolutely unbearable, the students of Orissa were the first to rise in revolt followed immediately by the masses.

Biju was forced to quit the chair in midterm, though Nehru, whose many weaknesses he knew, had helped him with a face-saving cover called Kamraj Plan.

But the people went on demanding punitive action against Biju so relentlessly that the Central Government was bound to conduct an investigation into his black deeds through the CBI.

The CBI could not proceed properly, as the State Government of which Biju’s protege Biren Mitra was the Chief Minister, did not cooperate.

Yet in its report, it said that, there were many instances of illegalities which only a judicial inquiry under the Commissions of Inquiry Act, 1952 (No. LX of 1952) can determine.

Sadly as the central government was under the grip of the Congress Party, instead of a Judicial Inquiry as recommended by the CBI, a Cabinet Sub-Committee was formed to enquire into the allegations against Biju and the same Sub-Committee made a farce of enquiry and tried to protect him.

The Prime Minister appealed the Parliament to forgive him as he and his protege Biren Mitra were already punished by being made to relinquish their offices.

This had enraged the people of Orissa so much that they punished the Congress Party in the 1967 election for having not punished Biju for his misdeeds.

R.N.Singhdeo became the new Chief Minister of Orissa heading a coalition with Jan Congress founded by Harekrushna Mahtab. In honoring the promise made in election manifesto, he appointed Justice H. R. Khanna of the Delhi High Court as the Judicial Commission of Inquiry against alleged felonies perpetrated during the period from 23 June 1961 to 8 March 1967 by Biju Patnaik and his colleagues including his two successors: Biren Mitra and Sadasiv Tripathy.

This Judicial Commission of Inquiry was appointed on 26 October 1967 under Orissa Government Home Department Notification No.813.

When the State Government was in the process of appointing this Commission of Inquiry, on 27 June 1967, Sadasiv Tripathy along with 24 MLAs and MPs of the Congress Party, had submitted a memorandum to President of India for enquiry into acts of corruption and impropriety alleged against R.N.Singhdeo (then the Chief Minister), P.M.Pradhan (then the Deputy Chief Minister), S.N.Patnaik (then a Minister), Banamali Patnaik (then a Minister), Santanu Kumar Das (then a Minister), N. K. Choudhury (Ex-Chief Minister) and Dr. H.K.Mahtab (Ex-Chief Minister).

On receiving the memorandum from the President, the then Home Minister of India, Sri Chavan sent the same to R.N.Singhdeo for action as he would deem proper.

Singhdeo immediately put the memorandum to administrative examination and as the allegations were prima facie sans any merit, he told Sri Chavan that if he desires, the State Government would go for a judicial examination of the allegations by a sitting judge of a High Court or the Supreme Court of India.

The central Home Minister replied that, as a sitting judge may not be diverted for such an enquiry, the CM may have the enquiry through any retired judge of any High Court or the Supreme Court.

Justice J. R. Mudholkar, a retired judge of the Supreme Court agreed to enquire and find out which of the allegations seemed prima facie correct, so that a regular Judicial Commission of Inquiry could be appointed to enquire into those specific allegations.

Accordingly, a Special Judge post was created in G.O.No. 292-EC on May 3, 1968 and Justice Mudholkar was appointed in the said post as a Special Judge to conduct the fact-finding enquiry, Findings of this commission were held to be genuine by the Orissa High Court in Harekrushna Mahtab vs the Chief Minister of Orissa case on 23 September 1070.

Thus, it is clear that a Chief Minister of Orissa R. N. Singhdeo had enquired into allegations against himself by a special commission headed by a former judge of the Supreme Court of India, Justice J. R. Mudholkar.

Prime Minister Manmohan Singh should follow this precedence and subject himself to necessary enquiry by a Judge, instead of CBI, to allay all suspicions about his involvement with the crimes against the country in the scamosphere.

This is, I repeat, more essential for protecting the dignity of the august office he holds.

Are members of the Congress Party not ashamed of Manmohan Singh?

Subhas Chandra Pattanayak

As an Indian I feel ashamed that a man like Manmohan Singh is ruling my country as the Prime Minister.

He is the man who changed economic priority of India from socialism to capitalism. This change has pushed us into such dire straits that the opiates of the masses like the free mid-day meals, almost entirely subsidized rice/wheat, and food security legislation etcetera have become unavoidable to stop starvation deaths which could have become ubiquitous in whole of the country. Obviously, these opiates are contrived and used to preempt a mighty revolution that majority of Indians perishing under stark unemployment and slow starvation would certainly have raised to destroy the empires the rich have established in free India by burying the dreams of our freedom fighters and martyrs in satan’s graveyards governed by affluent’s avarice.

He subjected India to such international treaties in the name of globalization that the strength of the Constitution of India is rendered inconsequential.

The strength of the Constitution is its Preamble. The purpose for which the Constitution is created is depicted in it in its entirety. It declares:

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation
IN OUR CONSTITUENT ASSEMBLY
this twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES
THIS CONSTITUTION.”

This Preamble is the fountainhead of all the provisions of the Constitution. The entire Constitution is addressed to this Preamble and all the provisions of the Constitution are meant to serve the purpose of the Preamble. Amendment in any provision, addition or repletion in the Constitution is provided only for serving this purpose.

Had it been possible for Singh and his team to delete the Preamble, they could certainly have done so. But, when the Parliament was not totally infested with self-seekers and criminals except a handful, every chance to tamper with it was done away with after enshrining in it, finally, the purposes of our freedom struggle. When any Article and / or provision in the Constitution of India can be amended in the prescribed process, the Preamble of the Constitution cannot be amended.

So, it was impossible for Manmohan at that time to amend or repeal the Preamble. Therefore, under his scheme, the country was treacherously pushed into international trade treaties that were designed to clamp capitalism on India in total contravention of and disregard to the Preamble.

And, resultantly India has become divided to two Indias:

(1) India of mere 7,734 Ultra High Net Worth (UHNW) individuals with 109 billionaires in the highest tier and 7,625 millionaires in the lowest tire (Wealth X report, 2012-13) and;

(2) India of the rest 1.27 billion persons excluding the agents of the UHNW individuals in the four estates of democracy, their lobbyists, and followers who benefit in the system controlled by the ultra rich.

This division of India into the two such Indias is made by Manmohan Singh, who never as yet has said that he repents for the harms done to the motherland.

The treachery he played against India in the matter of nuke deal with USA is never seen anywhere in the world to have been performed by any Prime Minister of any democracy. There are many exposures on this nasty deed in these pages that visitors may easily peruse. At this juncture, it would suffice to say that President (as he then was) Bush’s most prominent partner in policy framing, Senator Joe Lieberman had declared that the Indo-US nuclear deal was contrived “Clearly in the interests of the United States” (Reuters, August 14, 2007). It was a “bonanza for U.S. Firms” (Reuters, August 25, 2007). Thus it is clear that Manmohan had acted for the “interests of the United States” in signing the nuke deal. This was laid bare in my posting in ORISSA MATTERS on August 25, 2007. People of USA knew that the nuke deal was so much against Indian interest that even if Manmohan signed the deal, any future Prime Minister would like to quash it in national interest. So, they were eager to make it absolute by making the Indian Parliament “agree” to the “text” of the deal. In approving the Henry J.Hyde United States-India Peaceful Energy Cooperation Act of 2006, after a series of revisions since Bush and Manmohan signed an initial agreement in July 2005, the U.S. Congress made it mandatory that it must be a “must” for Indian Parliament to agree to the text. (The Indian Parliament must agree to the text.) But Manmohan never placed the “text” before the Parliament and with the help of Speaker Somanath Chatterjee hoodwinked the country and through horse-trading succeeded in his role in the nuke deal to the total satisfaction of the Americans. Are the members of the Congress Party really unaware of this?

Even the corporate media as well as rightwing politicians that have been exposing mega scams taking the cue from Comptroller and Auditor General of India, hold UPA-2 responsible for these scams, not UPA-1. It is not that while leading UPA-1 Manmohan was a man of different character. He was the same Manmohan Singh at that time as he is now. But UPA-1 had no such scam-scars, because the Communists and co-leftists in ally with UPA-1 had kept him on leash. After the Left withdrew its support, there was no leash on Manmohan. There was no more any barrier in carrying out the scams. Therefore, UPA-2 is so full of scams and corruptions. The country is drowned under corruption. The country is divided into two socio-economic countries as noted supra and majority have been made dependent on alms, which the government is giving in form of mid-day meals, lowest-priced rice and wheat, and food guarantee.

If any member of the Congress has an iota of patriotism, should he or she not rise against putting the people on opiates of the masses like free mid-day meals or lowest-priced cereals instead of generating for them the necessary environment for higher earning and fair living? When Manmohan’s economic policy and practices, instead of development of all, have brought abject poverty for majority of Indians, whose lives thrive only on official alms – the opiates of masses as noted above – is it not the duty of the Congress members to condemn Manmohan Singh for the damage he has done to India and force the Government to rip off its pro-Ameracanism cocoon and implement the purposes of our freedom movement as epitomized in the Preamble of our Constitution?

The Congress members have given India a Prime Minister whose office has become a hub of scams and whose supremacy over the subordinates had made the ministry of coal a grazing ground of mafias, where files are missing to remove the corpus delicti of crime, when he is the Prime Minister!

Coalgate is just a sample. The CAG has offered many samples. Media have been focussing on many more samples of scams and corruption that UPA-2 stands synonymous with.

Are the Congress members not ashamed of themselves for having given India such a Prime Minister? Are they really not ashamed of Manmohan Singh?