Fact-finding Report on Alleged torture against Subas Mohapatra, Human Rights Activist of Odisha

Fact-finding Report on Alleged Torture of Charulata Mohapatra  against Subas Mohapatra, Human Rights Activist, Odisha

1.Background

On 7.8.17, in an impromptu Press meet organised in Bhubaneswar, capital city of Odisha,  Charulata Mohapatra, claimed to be wife of  Subas Mohapatra, Human Rights Activist alleged  that Sri Mohapatra had married her following vedic rites and rituals on 29^th  January, 2003. After 15 days of marriage, he and his mother started torturing her and demanded more dowries from her parents. Subas carried her to Chhatisgarh and continuously tortured her   and after 3 months of marriage,  when she was pregnant, Subas sent her  back to her parental house. Since that period, he is not in touch with her. Though he is blessed with a girl, Subas has never come to meet his daughter. Charulata also further alleged that without divorce, Subas married another girl Akriti Das in Raipur.  That marriage also did not last. Akriti had filed a case in Raipur Mahila police station and Subas was also arrested during that time. In the meantime, Subas had third marriage and staying in Bhubaneswar with his wife and two children. Findinging very difficult to sort out the issues with Subas after long persuasion by her parents, Charulata filed maintenance case in Puri family court.  The Court has disposed the case and directed Subas Mohapatra, husband to pay  Rs. 3,000.00 per month. But Subas has been ignoring the order of the Family court. When she lodged complaint to local police station, Subas along with another unidentified person abused her with slang language  and threatened  to murder her, unless she withdrew the case.

Having heard the news about allegation of a lady against Subas Mohapatra,  a known Human Rights Activist, the Activists’ groups got astonished, expressed  their concern and  wanted to find out fact which prompted  to form a fact-finding team  for a thorough investigation into the whole episode.  

2.The Members of Fact-findIng Team

A.   Pradip Pradhan, RTI Activist, Team Leader

B.    Sri Sudhir Mohanty, Advocate, Odisha High Court

C.    Sri Ashok Nanda, Social Activist  

D.   Smt. Sanjukta Panigrahi, Woman Activist

3. The issues before the Committee

a.    To ascertain the fact about allegation of torture made by Charulata Mohapatra against Subas Mohapatra.

b.    Circumstances or compulsion, if any leading to organise impromptu Press Meet by Charulata Mohapatra in Bhubaneswar on 7.8.17. 

c.     Timing and necessity of the Press Meet in Bhubaneswar and how it was thought of that  this Press Meet would help the  victim to get justice.

d.    Why FIR against Subas Mohapatra was filed in Kanas Police station on  7.8.17 at 9.50 PM after press meet when the incident occurred on 6.8.17 at 7 PM.  

e.    Involvement and interest of Mamata Samantaray of State Progressive Women Forum in this case.

f.     Exploring possibility of intervention of, if any required by Activist Group and taking stand on it.

4. Materials collected and relied  by the Team

a.    Copy of Press Release circulated in Press Meet organised by Mrs. Charulata Mohapatra on 7.8.17.

b.    Copy of Judgement of  District Judge court on Divorce petition of Subas Mohapatra,

c.     Copy of Judgement of Family Court on Petition of Maintenance filed by Charulata Mohapatra.

d.    Copy of FIR filed by Akriti Das, second wife  of  Subas Mohapatra wh ich was produced  by Mamata Samantara  and Basant Mohapatra,  father of Charulata Mohapatra.

e.    Proof Of  AirTicket  that Subas Mohapatra was in New Delhi

5. Persons interviewed

a.    Basant Mohapatra, Father of Charulata Mohapatra, victim

b.    Laxmipriya Mohapatra, Mother of Charulata Mohapatra

c.     Mamata Samantaray, Chairperson, State Progressive Women’s Forum , Bhubaneswar  who helped  Charulata to organise press meet in Bhubaneswar

d.    Subas Mohapatra, Human Rights Activist  against whom allegation has been made.

e.     Some villagers accompanied the Team during their visit  to residence of Mrs Charulata Mohapatra.

6. About Subas Mohapatara

As we know,  Subas Mohapatra  is a leading Human Rights Activist working on human rights issues  since few years. He belongs to Kalamati, a village under Gadishagada police station of Kanas block of Puri district.  Presently, he is working as Convener, National Campaign for Ending Corporate Abuse.  He has filed a lot of cases  of human rights violation in National Human Rights Commission, State Human Rights Commission  and UN Bodies.  Recently Sri Mohapatra has come to limelight  and drawn attention of  public  due  to  his filing  of Case no. 92/2016/EZ in National Green Tribunal, Kolkata against Kalinga Institute of Industrial Technology  ( KIIT) and Kalinga Institute of Social Science (KISS), and its founder Achyut Samant for illegally grabbing precious forest land  in Bhubaneswar  and obtained order of NGT  on 21^st March 2017  to State Govt. to  demarcate  and acquire the land and undertake  fencing around the land.  It deserves to be mentioned here that As per CAG Report, more than 100 acres of land has been allotted  to KIIT by Dept. of General Administration and IDCO, Bhubaneswar. Leasing out of 82 acres of land is illegal and acquired by Achyut Samant through fraudulent means. Besides that,  as per RTI information, Sri Samant has also acquired  around 30 acres of forest land  illegally  without any permission  from Dept. of  Forest and Environment ,  Revenue and Disaster Management Dept. of Govt. of Odisha  and Ministry  of Environment and Forest, Govt. of India.  Secondly, Sri Mohapatra has also filed another case Writ Petition Case No. 12392/2016 and Misc. case 13575/2017 in Odisha High Court against Sri Nabin Patnaik, Chief Minister and President, Biju Janata Dal for using Hawala money   during election.  Hearing the case, the High Court has already issued notice to Election Commission of India to enquire into the allegation against Sri Nabin Patnaik.  BJD team quite disturbed over the allegation and case filed by Subas Mohapatra in High Court.  Since day 1 of  filling of case, both Nabin Patnaik,   Chief Minister   and Achyut Samant,  founder, Kalinga Institute of Industrial Technology      (KIIT)   and their coterie  are trying hard to conspire and demoralise  Subas Mohapatra  by booking    him  on false case or take any extreme  step against him  which  was reflected  in a national TV Live discussion  in which Pinaki Mishra, MP openly  threatened  him of dire consequence.

7. Visit of Fact-finding Team

In this backdrop, on 14.8.17, the 4-member Fact-finding Team visited Kanas block headquarter to meet Charulata Mohapatra, wife of Subas Mohapatra. After reaching in their home, the Team briefed the parents of Charulata  Mohapatra  about purpose of their visit  and wanted to meet her. Intitally, we were told that  Charulata would meet us  and later on  the parents said that she had gone to Bhubaneswar. The Team could not get opportunity to meet Charulata. However, her parents responded all the queries of the Team and shared details of information about incident of disturbance, conflict, suffering of her daughter, pain and agony experienced by them since 13 years  etc.  The gist of discussion with parents of Charulata Sri Basant Moapatra, father and Laxmipriya Nayak, Mother  is as follows.

“ This was arranged marriage and solemnised  on 29^th  January, 2003.  Prior to marriage,  the parents were appraised  that  their groom  is highly educated and working  in NGO in Chhatisgarh.  Subas  had demanded  dowry of Rs. 1 lakh.  Basant Mohapatra had given  Rs. 70,000.00 and assured him to give rest amount   Rs. 30,000.00 after arrangement. After 15 days of marriage, Subas started torturing her wife Charulata to get rest of dowry money.  Smt.  Charulata returned back to her home. However, Basant Mohapatra, father-in-law   gave rest amount by selling landed property and sent her daughter to father-in-law’s house. After few days, Subas Mohapatra, son-in-law started again torturing her. Finally she returned back to home. At that time, she was pregnant. Since then,  Charularata  had not  gone to her in-law’s house.  However, the parents of Charulata and their family members have taken several attempts to resolve the issue and pursued Subas for amicable settlements, but in vain.”   At last,  after eight years,  Charulata filed  an FIR  of physical  torture, harassment and dowry torture  against Subas Mohapatra in  Gadishagada police station under Kanas Block  in 2011 ( Case No.-15/2011 dated 14.2.2011. The case was registered under section 494,109, 406, 498 of IPC. Subas was arrested by police and forwarded to jail.  

The team members were presented few documents along with Court order.  While reviewing the Court order, the Team members found that that Subas Mohapatra had filed a divorce petition case no. 418/2003 on 4.6.2003 in the court of S.D.J.M., Puri  which was rejected on 10.4.2007.  Then Subas filed Appeal petition case No. RAF 54/2007 which was rejected by District Court   on 25.10.2013.  So the Court has not accepted the divorce petition of Subas Mohapatra. Charulata still enjoys the status of wife of Subas Mohapatra.  On the other hand, Charulata has filed a Maintenance case No. CRP-29/2011 on 14.2.2011. The Family Court, while disposing the case on 15.9.2011, directed   Subas Mohapatra to pay maintenance at the rate of Rs. 3,000.00 per month    to Charulata Mohapatra and his daughter from the date of filling of the petition i.e., 14.2.2011.  The fact is  Smt. Charulata as   the legal wife of  Sri Subas Mohapatra is  undisputed  in the eye of law today.

From another document, it was also observed that Subas had married another girl named Akriti Das, D/O- Nilakantha Das of Raipur.  That marriage also could not last.  When Akriti came to know that Subas  was  having wife and a daughter, she got enraged  and filed FIR in Raipur Mahila Police station on 12.12.2008. The case was registered as case No. 41/2008 under section 498(1) and 506 of IPC. There was another case filed in Rajendra Nagar police station in 2009.  Arrest warrant was also issued against Subas during that time.  Though the Team members tried to know the status of the case, the family could not provide any documents. However, while ending the discussion with the parents of Charulata Mohapatra, the Team members assured them to provide support, in case anything required in order to give her justice. 

The Team were also appraised about FIR lodged against Subas Mohapatra   in Kanas Police station. The Team members visited Kanas Police station at around 3.30 pm and enquired about the case.  The Assistant Sub-Inspector said that an FIR   had been filed  by Charulata Mohapatra on 7.8.17 at 9.50 PM.  The content of the FIR is that On 6.8.17,   While Charulata  was on her wayback to her house  in Kanas market in the evening at 7 PM, Motor-byke borne Subas Mohapatra along with an unidentified youth  obstructed and  abused her with slang langage and threatened  her to murder at gun point, unless she withdrew the case.  The police has registered the case  under section 341,323,294,354,506,494 of IPC and  34 of Arms Act. The police has started investigation.  The Team members    hovered over  if the incidence took place on 6^th August, 2017 at 7 pm, why the FIR  was not  immediately  filed when  Kanas police station is just  half km away  from her house.  Secondly, why Charulata suddenly organised  Press Meet on 7.8.17. In the press release, she has mentioned  about the incidence of threats  given by Subas  on 6.8.17 at 7 PM and  FIR  is filed  in Gadishagada police station in this regard. It means  that the place of occurrence of incidence   is under PS  Gadishagada  which is the police station  of Subas Mohapatra. But as per record available, FIR was practically  filed in Kanas Police station on 7.8.17 at 9.50 pm after she returned  to home finishing press meet in Bhubaneswar.

7. Meeting with Mamata Samantaray, President, SPWF, Odisha

On the way back to Bhubaneswar from Kanas, the Team  met Mamata Samantaray in her residence  at 5 PM.   Mamata was appraised  about the purpose of  meeting of the Team members. Mamata  was asked the following few  questions.

·      How Mamata came into  contact  with Charulata Mohapatra, wife of Subas Mohapatra

·      Timing of the  Press Meet   which was organised  in Bhubaneswar  to highlight  a 13 year old case.  

·        What benefit   you and Charulata  were  expecting  from Press Meet.

·      How the Press Meet  would help  Charulata to get justice.

Mamata said that  her organisation  is a state-level  organisation having  its membership base  in every block of the state, mostly from among  SHG leaders.  The women leaders  of  Kanas block  of Puri district had appraised  this matter  several times and  sought her support  to give justice to Charulata. That’s why she had organised   the press meet.  On query about how the Press meet helped her to get justice, she could not respond properly. Rather she continued to talk emotionally, describing harassment and problem confronted by Charulata   which was not our  cup of tea. On query about what type of justice she was expecting from Press Meet when all the court judgements are in favour of Charulata, Mamata could not respond effectively. Rather she told that she only created space for Charulata  to speak to press and was unaware  about details.

8. Response  from Subas Mohapatra, Human Rights Activist and Husband of Charulata Mohapatra

As Sri Subas  Mohapatra claims  staying in New Delhi,  some  clarification and  response of Subas Mohapatra was sought   through E-mail. The following questions were sought from  Sri Mohapatra.  

a.    Response about allegation and charges levelled by Charulata Mohapatra, his wife against him  and reason  of divorce, non-payment of maintenance  to her wife.

b.     Authenticity  about his threats to Charulata Mohapatra on 6.8.17 at Kanas Market

c.     Allegation  of second marriage to Akriti  Das  of Raipur

d.    Has he challenged in apex court the judgement of rejection of Divorce petition by District Court and Family Court order on maintenance cost. 

Subas responded to our query letter through e-mail and provided some documents. He shared copy of FIR filed in Kanas Police station dated 13.8.17 and copy of online acknowledgement receipt of FIR by Kanas police station. It was found from content of FIR that Subas Mohapatra had filed FIR in Kanas Police station against Charulata Mohapatra and others.  A copy of FIR and acknowledgement receipt of FIR by Kanas Police station is attached. Subas denied allegation of making physical attack on Charulata Mohapatra  of Kanas/ Gadishagada  and said that  he was in Delhi on the date of alleged incident.  He has also provided copy of boarding pass from Delhi to Srinagar on 1.8.17 and   return   from Srinagar to New Delhi on 5.8.17 claiming to be on journalistic assignment from Cobra Post.  He has sent family photograph of claiming that to be of  Akriti Das / Akriti Shukla. He says that he has challenged district court order at higher level but  has not sent any supportive document in this regard.

Our findings

A.   It is fact that Subas Mohapatra had married Charulata Mohapatra and filed divorce petition in 2003 in the court. The document revealed that Sri Mohapatra  has not yet responded  court order in respect of maintenance as well as divorce. Smt. Charulata has every right to fight out the case in order to get justice.  She should continue  to fight this case. We are of the view that law should take its own course to a logical conclusion in this regard. All possible remedies  may be taken to safeguard the interest of Smt. Charulata.

B.    In the press release distributed in the press meet, it is mentioned that  Subas   threatened her  to murder at gunpoint  to withdraw the case on 6.8.17  at 7 PM  in Kanas Market.  In fact,  there is no such case pending  against  Subas Mohapatra  in any court. The judgement of two  courts i.e., District Judge Court and Family Court, Puri  is in favour of Charulata.  So  it seems this is a manufactured story   and a ploy  to  harass  and defame Subas Mohapatra.

C.    While addressing press meet organised on 7.8.17,  Smt. Charulata  had said that  After threats of attack, she had filed FIR in  Gadishagada police station.  But   FIR  has been filed  in Kanas police station  on 7.8.17  at 9.50 pm after finishing press meet.  We are of the view that it is a false   and fabricated case to demoralise and harass Subas Mohapatra.

D.   The Press Meet is an arranged one to demoralise Subas Mohapatra  and or other RTI Activists  those are  fighting  against corruption in administration and Achyut Samant of KIIT  disclosing illegalities  of powerful people  in the state.

E.     When  a person , irrespective of his or her family problem is fighting against  Sri Nabin Patnaik, all powerful Chief Minister and  Sri Achyut Samant , a biggest land grabber , he or she  should not  be demoralised  by way of filling of false case   and threats of arrest. We are  with Subas  Mohapatra  in his  fight  against Nabin Patnaik, Chief Minister, Odisha  and Achyut Samant, a man masterminded  all types of illegalities  in the state.

F.    We  are of  the view that   RTI Activists and Human Rights Activists  who are facing similar kind of harassment and  threats from State power or vested  groups like Achyut Samant, biggest  land grabber   must be  provided all supports  and encouraged  to  carry  their mission in the greater interest of the state.  Because during Nabin Patnaik regime, the economy of the state has been disastrous.  The socio-economic condition of the common people has been devastating. Odisha still stands as poorest state in the country. When opposition political parties have failed to discharge their duties, RTI Activists and Human Rights Activists  have shouldered the responsibility  to  save the state  from clutches  of Mining mafia, land mafia  and  corrupt politicians and bureaucrats. The people of Odisha must stand behind them.

Pradip Pradhan                                                                                                                 Ashok Nanda

RTI Activist                                                                                                                         Social Activist

M-9937843482                                                                                                                   M- 9437005133                                                 

Sudhir Mohanty                                                                                                               Sanjukta Panigrahi

Advocate, Odisha High Court                                                                                     Woman Activist

M-9861063290                                                                                                                   M- 9238598756

Date of  Release of Report: 22.8.17

Tahasildar , Bhubaneswar does not care Odisha Information Commission

Tahasildar , Bhubaneswar  does not care to  appear during hearing of the case  and simply ignore   order of Odisha Information Commission

Tall claim of Nabin Patnaik as Transparent Govt. is false and fraud with OIC finding helplessness   and busy in  issuing notice after notice ……..

The Case is  non-supply of information about Ghangapatna Land Scam , biggest land scam  in Bhubaneswar perpetuated  by politicians  of BJD and BJP patronised  by Nabin Patnaik, Chief Minister of Odisha

Dear friends

 In August, 2014,   it  was exposed  by  the local people and media that  huge acres of tribal was  illegally  acquired  by  late Kalpataru Das and his MLA Son Pranab Balabantaray  and Sri K.V.Singhdeo, BJP MLA in name of her daughter and many powerful people  connected  with BJD party  in Ghangapatana  area of Bhubaneswar  under jurisdiction of Tahasildar, Bhubaneswar.  After this expose , all the opposition political parties and Civil Society Groups  coming to the streets  organised  protest   dharana demanding CBI inquiry  into scam.  It is popularly known as Ghangapatna land Scam in Odisha. It is another type of KIIT Land Scam in Bhubaneswar.   In the midst of protest, Chief Minister ordered  for  Crime Branch enquiry  and  after few days  the Govt. declared  that  70 acres of  land  of Ghangapatna returned  back to Govt. fold. It was highlighted  by all Print and Electronics Media during  that time.

  To verify the authenticity of information, RTI Application dt. 17.9.14 was submitted to the PIO,  Office of Revenue and Disaster Management, Govt. of Odisha, Bhubaneswar   seeking information about details of  Ghangapatana land  returned back by Govt.  Though 30 days passed, the PIO did not supply   the information. Then, on 31.1.2.14,  I made first appeal to the First Appellate Authority  to hear the case and provide the information. Though 30 days passed, the FAA neither heard the case nor provided the information.  Then, Second Appeal dated 1.2.15 was filed to Odisha Information Commission seeking information and penalty against PIO under section 20 (1) of the RTI Act.

After two and half years, on 14.7.17., Mrs. Sashi Prava Bindhani, State Information Commissioner started hearing the  Second Appeal petition  Case No.  284/15.  The PIO, office of Collector, Khurda submitted that though he had noticed thrice to the Tahasildar, Bhubaneswar to provide the information,  he did not respond.  After hearing it, the Commission  issued  direction to the PIO, office of Tahasildar, Bhubaneswar to produce all the information about Ghangapatna land to the Appellant within 7 days and fixed 16.8.17 for second hearing of the case.

On 16.8.17, during hearing, the PIO, office of Tahasildar  neither filed  any affidavit nor appeared  the case nor provided any  information.  The order of the Commission was simply thrown to the dustbin.    However, the Commission  has issued  notice  again to PIO, office of Tahasildar to  appear , file  the affidavit  in the next day of hearing.

 Pradip Pradhan

M-9937843482

Date- 20.8.17

Memorandum submitted to Governor, Odisha for inquiry of all scams by CBI or Lokayukta

Memorandum submitted to Governor, Odisha Seeking direction to   Govt. of Odisha to constitute Lokayukta and inquiring of all scams either by Lokayukta or CBI.

On 4.8.17, while ending 3-day Mass Dharana organsied  by  the members of Civil Society groups  at  Lower  PMG, Bhubaneswar  in protest  against  failure  of  Nabin patnaik  Govt.  to  take action against  the  IAS officers involved  in  multiple scams  in Odisha,  a four-member  team  submitted  Memorandum to Governor, Odisha Seeking direction to   Govt.   to constitute Lokayukta and inquiring of all scams either by Lokayukta or CBI.

   

During 17 years’ rule of Nabin Patnaik Govt., Odisha has witnessed Mega Scams causing revenue loss of thousands of crores of rupees to State Exchequer. Many of these Scams have been exposed through RTI. These Scams  with approximate Revenue loss are Mining Scam ( one lakh Crore rupees), Land Scam in Bhubaneswar and Cuttack ( Rs. 10,000 crores ), Dal Scam ( Rs. 700 crores), OKCL Scam ( Rs. 200 crore), Medhabruti Scam ( Rs. 50 crores) ,  Electricity Scam favouring Reliance Company ( Rs. 2400 crore) , State Cooperative Bank Scam ( Rs. 500 crore ), OMFED Scam  ( Rs. 8 crore ). Water Tax Scam ( Rs. 2000 crore), Quarter Scam ( Rs. 4 crore), NREGA Scam ( Rs. 1000 crore), Chhatua Scam ( Rs. 1000 crore)  Besides that there are   huge corruption and irregularities starting Gram Panchayat to office of Chief Minister in   the field of implementation  of  various  scheme and programme  like Integrated Child Development Scheme, Mid-Day-Meal, Public Distribution System, Indira Awas Yojana,  Biju Pucca Gruha Yojana,  Integrated Tribal Development Schemes,   World-Bank supported projects, Plantation programme etc.

 It deserves to be noted here that these Scams have been masterminded and engineered by the Ruling Class Ministers, MLAs, IAS officers, Companies, BJD workers and their protégé.  Though there has been public demand for inquiry against the perpetrators of corruption mostly IAS officers, the Chief Minister has tried his best to protect them.  For example, after expose of Dal Scam in 2010, Smt. Pramila Mallick, the then Minister for Women and Child Development resigned at the instruction of the Chief Minister.  The Vigilance enquiry reported involvement of 3 IAS officers Sri Pramod Meherda, Sri Manish Verma and Sri Ambika Prasad Das in 700 crore-Dal Scam.  But Sri Nabin Patnaik  did not give sanction to Vigilance  to arrest  them.  Similarly, from 2000 to 2012, the State Vigilance filed corrupt cases against 12 IAS officers and sought sanction from Chief Minister. But CM refused to give sanction and the Vigilance remained silence.  

Similarly, after land scam expose by CAG  about huge irregularities and illegalities  in respect of allotment of land/plot  to IAS officers, Ministers, MLAs, Private Educational Institutions, Hotels  by  GA Dept., BDA, CDA and OSHB, the State Govt. constituted Rask Force under chairmanship of Dr. Taradatt, senior IAS officer in 2014. The Committee produced the report In Nov. 2014 which was accepted by the Govt.  in cabinet meeting on 18.12.2014. The Task Force has recommended series of action against the people who have taken multiple plots by filling false affidavit and under discretionary quota.  Chief Minister has handed over this case to State Vigilance. Though around 3 years have passed, the Vigilance has not arrested a single man nor returned back   a single plot to Govt. fold.  Similarly, the Crime Branch enquiry into 70 acres- Ghangapatna Land Scam has ended in fiasco without taking any action against BJD and BJP leaders.  Within period of last 15 years, 27 companies have not paid water tax to State Govt. Water Resource Dept. under Chief Minister is sitting idle.

A number of  former IAS officers  and present IAS  and IPS officers  who  enjoyed close proximity with Chief Minister and self-claimed blue-eyed boy of the Govt.  and involved  in these scams are Sri Tarun Kanti Mishra, former Chief Secretary ( four plots  from BDA, CDA and GA), Sri Bijay Shama, D.G., Crime Branch ( 3 plots from BDA, CDA and GA), Sri Upendra Nath Behera ( 2 plots  from GA, CDA), Sri Gagan Bihari Dhal ( 50 crore Medhabruti scam), Sri Bishnu Prasad Sethy ( OMFED Scam), Sri Pramod Meherda ( 700 crore Dal Scam), Sri Vishal Dev ( Multi-crore Land Scam), Hemant Sharma ( Coal Scam and OPTCL Scam), Sri Bijay Patnaik, former Chief Secretary  ( 200 crore-OKCL Scam), Sri Manish Verma ( Dal Scam) . Besides that Chief Minister and his Ministers have protected many scamsters like Sri Achyut Samant, founder of KIIT/KISS  who have illegally acquired 100 acres of precious land in Chandaka industrial area and Patia area through fraudulent means in connivance with corrupt bureaucrats.  

In case of OMFED the cabinet Minister concerned  Sri Pradip Maharathy has written orders at the behest of IAS officials to release scam money and punish those officials who have raised questions against the scam. Two senior officials and AG have clearly pointed about the scam in their reports but the Minister dared to exonerate all. In case of OSCB JagneswarBabu was sent to jail, but the concerned MD TK panda of OSCB got two term extension with huge perks and benefits and the concerned secretary Bishnupada Sethty got lucrative positions to head two departments .

Though Justice Shah Commission recommended for CBI inquiry into Mining Scam, Both BJD Govt. and BJP Govt. at centre are hand in glove to stop the CBI inquiry.  The people of Odisha are ditched by both these parties and left hopeless world. BJP leaders are maintaining ominous silence over all these scams like Mining Scam. Land Scam etc.

Directorate of Vigilance has been formed to investigate into all corruption ad irregularities in administration and Govt. work.  But at the instance of Chief Minister, the Vigilance could not proceed to investigate into these scams.  The Vigilance has been instructed to cover up these scams. When the activity of the Vigilance was monitored through RTI, Chief Ministers took over night decision to keep Vigilance out of purview of RTI Act.

When the Chief Minister has been trying to cover up all the Mega Scams and protecting perpetrators of Crime, at the same time he is giving clarion call to stop PC (corruption in development work) and instructed the administration to form Vigilance Committee at district and block level to check it. We  feel  that it is  calculated  design of Nabin Patnaik  and his coterie to divert the attention of the people from real issues i.e., Mega Scams   which has destroyed economic backbone of the country  reducing poor to poorest of the world.

It has been decided  by  Civil Society  Groups  to carry forward this  campaign at district and block level   mounting  pressure on Govt.  to  enquire  into all scams.  The  3-day  Dharana was  led by  Pradip Pradhan, Sudhir  Mohanty, Pratap Sahu, Sachikant  Pradhan,  Sanjukta Pangrahi, Abdul WALLI,  Dibakar Nayak,  Jantra Prakhit , Ranju Mohapatra , Ashok Nanda, Debesh Das  etc.

Pradip  Pradhan

M-9937843482

Date- 6.8.17 

Corruption and Irregularities in Tender Process in OPTCL

Complaint in the matter of selection of  Final Bidder M/s High Tech Systems & Services for supply of “12 nos. new design ERS Towers suitable  for 400kv transmission line network  of OPTCL

To

The Chief Secretary

Govt. of Odisha

Secretariat, Bhubaneswar

Sub- Seeking an Inquiry into huge corruption and irregularities in the matter of selection of Final Bidder M/s High Tech Systems & Services for supply of “12 nos. new design ERS Towers suitable for 400kv transmission line network of OPTCL as per Tender (No. Sr. G.M.-CPC-ICB-ERS-24/2015) for ERS (Emergency Restoration Service) suitable for 400Kv Transmission line Network for OPTCL

Dear Sir

I would bring to your kind notice the abovementioned subject matter seeking your kind intervention and necessary action.

That on dt. 22.6.17, I had submitted RTI Application to the PIO, office of Odisha Power Transmission Corporation Limited (OPTCL), Bhoi Nagar, Bhubaneswar seeking information about details of        Tender ( No. Sr. G.M.-CPC-ICB-ERS-24/2015)  for ERS (Emergency Restoration Service) suitable for 400Kv Transmission line Network for OPTCL. On 11.7.17, the PIO supplied some information. While analysing the information,  I  unearthed  huge irregularities  and corruption  in  the selection  procedure  for selecting  final bidder  M/s High Tech Systems & Services, Kolkata.  The OPTCL  has ignored, bypassed  its own terms and conditions of tender  and shown favouritism  to the said Company  for  awarding  the bid.  These are as follows.

1.    In August, 2015,  OPTCL  had released  advertisement inviting  International Competitive bidding in e-tendering mode only from reputed manufacturer, type testing, inspection, loading at factory, transportation to & unloading at site / stores  including  guaranteed  obligation  for supply of lightweight  aluminium, modular type emergency  restoration system (ERS) suitable for  400kv transmission line Network  of OPTCL with an estimated  cost of  Rs. 130 Million.  Following   due tender procedure, OPTCL finally awarded this work to M/s High Tech Systems & Services, Kolkatta, an authorised channel partner of M/s Tower Solutions Inc., Canada,  a Manufacturing Company (?).

2.    Under the Head “ Qualifying Requirements  of Bidders: Technical qualification”, It is mentioned in point 4.1.(iii) that   the bidder  should have  already supplied  400KV ERS ( Emergency Restoration Services) tower  for which  he submits  his offer  not less  than  the quantity  tendered ( 12 nos. new design ERS towers suitable for  400kv transmission line Network) as per specification  in last five years.   On RTI query, the PIO has not supplied copy of any purchasing order rather two performance report from    NTE-Transmissora de energia, Brazil and CESC Limited.  The performance report cannot justify purchasing Order. If there is performance report, then why the Company has not produced PO.  It is assumed that the Performance Report is false and manipulated. So it is proved that this Manufacturing Company Tower Solutions Inc, Canada   has not got any purchasing Order from any agency for procurement of 12 nos. new design ERS towers suitable for 400kv transmission line Network even not from India.   ( Copy of Performance Report of NTE-Transmissora de energia, Brazil  and CESC Limited is attached  as annexture-1)

3.    M/s Hi-tech System and Services Limited is not OEM (Original Equipment Manufacturer). It is the channel partner of Tower Solution Inc, Canada. It  is astonishing  that  in its Purchase Order ( PO)  which has been awarded  to M/s Hi-tech System and Services Ltd. , OPTCL has not mentioned  a single word  about the OEM. This type of P.O. is likely to cheat technical people issued by OPTCL. ( Copy of purchasing Order attached as Annexture-2).

4.    As per Tender Advertisement, the bidder should be  a manufacturer or their authorised  channel partner  of 400KV  ERS tower for which he submits the offer. From the document produced  by the final bidder, it  was found that the major items like  Foundation Base plate, Foundation Base  Artiulation,  Tower sections ( TSMast), Universal attachment , Gin Pole etc.  are manufactured  and type tested  at  Laser  AMP, Granby, QC, Canada, whereas  the supplier is  “ Tower Solutions  Inc. , 7030 Woodbine Ave, Suite  500 , Markhan , ON L3R6G2, Canada. While browsing the website, it  was also found  that Tower Solution , Canada  is  a Company having ISO 9001 certificate  for sales, engineering  and supply  of emergency tower for the high voltage  transmission industry, training of  electrical utility  companies  in using  temporary tower  and consulting to  electricity utility  companies.    It has also specialisation in transmission Modular Restoration Towers used for emergency restoration of high voltage transmission lines. It is a supplying-partner of Manufacturing Company Laser AMP, Canada. (Copy of document is attached as Anexture-3).

5.    Under the Head “ Qualifying Requirements  of Bidders: Technical qualification”(4.1.v), it is mentioned that the offered equipment  should be  type-tested  at  Govt. approved  laboratory /CPRI/ NABL accredited  laboratory in case bidder(s) manufacturing  facilities  in India.  In case bidder(s) manufacturing  base is outside  India, the offered equipment  should be type-tested  from KEMA, Holland/ EDF, France/Hydra-Quebec, Canada/CESI, Itay/IPH, Germany/KERI,Korea, XAHARI, China/ CRIEPI, Japan and in other cases,  it shall be type-tested  from an internationally Accredited  Laboratory  owed by  the Government of those Countries  of Origin.   But astonishingly,  the  Company  has not produced any such document   from  accredited or Govt. approved laboratory of Canada in support  of  its  equipment type-tested.  But it has submitted a manipulated document from IEEE Testing done  at Laser AMP Inc., a manufacturing Company. Now the question is raised  why Tower Solutions Inc.  has not type-tested  its equipment  in CESI of Canada.  (Copy of document is attached as Anexture-4).

So,  the officials of OPTCL including Hemant Sharma, Managing Director  has flouted all tender norms  and  manipulated  selection procedure by accepting  objectionable  documents provided  by the Company  and shown favouritism  to award  the work  i.e., supply  of equipments  for ERS (Emergency Restoration Service) suitable for 400Kv Transmission line Network. We are  also astonished that how the post of Director, Operation and Director, Project are lying vacant since last five year. Due to vacancy of these posts, Sri Hemant Sharma has become absolute authority  in the matter of decision making process in OPTCL. As a result,  He takes  all decisions on his own  wish flouting all tender norms  and awarding   the said work to  M/s High Tech Systems & Services Since last seven years, he has also been continuing  as Managing Director, OPTCL  without any transfer. 

 We presume that this is clear-cut corruption and undue favour granted to this   company through a big kickback. It has also come to our notice that very sub-standard and less quantity of materials  has been supplied to OPTCL.  Though RTI Application has been filed  for inspection of materials, the PIO, OPTCL does not allow for inspection.

We request you to enquire into the matter  and stop  payment  to this Company and take  legal action against the officials responsible  for it.

Thanking you

Yours sincerely

Pradip Pradhan

Plot No-D-27, Maitree Vihar

Post-Rail Vihar, vanivihar,

Bhubaneswar-751023

M-9937843482

Sanjukta Panigrahi

Sachikant Pradhan

Srikant Pakal 

Mass Demonstration and Dharana demanding enquiry of all Mega Scams either by CBI or Lokayukata

Appeal to join in Mass Demonstration and Dharana demanding   enquiry of all Mega Scams either by CBI or  Lokayukata

Immediate Constitution of Lokayukta  as per Odisha Lokayukta Act  is Need  of Hour

Venue- Lower PMG, Bhubaneswar,                                       Date- From 2^nd to 4^th August, 2017

Dear friends

We, the following signatories i.e., Social Activists and RTI Activists of the state spreheading campaign for transparency and accountability in administration and fighting out corruption in the state perpetuated by Nabin Patnaik Govt., do hereby appeal you to join in Mass Demonstration and Dharana demanding inquiry into all Scams by CBI or Lokayukta by constituting it immediately under Odisha Lokayukta Act.

As aware you are, during 17 years’ rule of Nabin Patnaik Govt., Odisha has witnessed Mega Scams causing revenue loss of thousands of crores of rupees to State Exchequer. Many of these Scams have been exposed through RTI. These Scams  with approximate Revenue loss are Mining Scam ( one lakh Crore rupees), Land Scam in Bhubaneswar and Cuttack ( Rs. 10,000 crores ), Dal Scam ( Rs. 700 crores), OKCL Scam ( Rs. 200 crore), Medhabruti Scam ( Rs. 50 crores) ,  Electricity Scam favouring Reliance Company ( Rs. 2400 crore) , State Cooperative Bank Scam ( Rs. 500 crore ), OMFED Scam  ( Rs. 8 crore ). Water Tax Scam ( Rs. 2000 crore), Quarter Scam ( Rs. 4 crore), NREGA Scam ( Rs. 1000 crore), Chhatua Scam ( Rs. 1000 crore)  Besides that there are   huge corruption and irregularities starting Gram Panchayat to office of Chief Minister in   the field of implementation  of  various  scheme and programme  like Integrated Child Development Scheme, Mid-Day-Meal, Public Distribution System, Indira Awas Yojana,  Biju Pucca Gruha Yojana,  Integrated Tribal Development Schemes,   World-Bank supported projects, Plantation programme etc.

 It deserves to be noted here that these Scams have been masterminded and engineered by the Ruling Class Ministers, MLAs, IAS officers, Companies, BJD workers and their protégé.  Though there has been public demand for inquiry against the perpetrators of corruption mostly IAS officers, the Chief Minister has tried his best to protect them.  For example, after expose of Dal Scam in 2010, Smt. Pramila Mallick, the then Minister for Women and Child Development resigned at the instruction of the Chief Minister.  The Vigilance enquiry reported involvement of 3 IAS officers Sri Pramod Meherda, Sri Manish Verma and Sri Ambika Prasad Das in 700 crore-Dal Scam.  But Sri Nabin Patnaik  did not give sanction to Vigilance  to arrest  them.  Similarly, from 2000 to 2012, the State Vigilance filed corrupt cases against 12 IAS officers and sought sanction from Chief Minister. But CM refused to give sanction and the Vigilance remained silence.  

Similarly, after land scam expose by CAG  about huge irregularities and illegalities  in respect of allotment of land/plot  to IAS officers, Ministers, MLAs, Private Educational Institutions, Hotels  by  GA Dept., BDA, CDA and OSHB, the State Govt. constituted Rask Force under chairmanship of Dr. Taradatt, senior IAS officer in 2014. The Committee produced the report In Nov. 2014 which was accepted by the Govt.  in cabinet meeting on 18.12.2014. The Task Force has recommended series of action against the people who have taken multiple plots by filling false affidavit and under discretionary quota.  Chief Minister has handed over this case to State Vigilance. Though around 3 years have passed, the Vigilance has not arrested a single man nor returned back   a single plot to Govt. fold.  Similarly, the Crime Branch enquiry into 70 acres- Ghangapatna Land Scam has ended in fiasco without taking any action against BJD and BJP leaders.  Within period of last 15 years, 27 companies have not paid water tax to State Govt. Water Resource Dept. under Chief Minister is sitting idle.

A number of  former IAS officers  and present IAS  and IPS officers  who  enjoyed close proximity with Chief Minister and self-claimed blue-eyed boy of the Govt.  and involved  in these scams are Sri Tarun Kanti Mishra, former Chief Secretary ( four plots  from BDA, CDA and GA), Sri Bijay Shama, D.G., Crime Branch ( 3 plots from BDA, CDA and GA), Sri Upendra Nath Behera ( 2 plots  from GA, CDA), Sri Gagan Bihari Dhal ( 50 crore Medhabruti scam), Sri Bishnu Prasad Sethy ( OMFED Scam), Sri Pramod Meherda ( 700 crore Dal Scam), Sri Vishal Dev ( Multi-crore Land Scam), Hemant Sharma ( Coal Scam and OPTCL Scam), Sri Bijay Patnaik, former Chief Secretary  ( 200 crore-OKCL Scam), Sri Manish Verma ( Dal Scam) . Besides that Chief Minister and his Ministers have protected many scamsters like Sri Achyut Samant, founder of KIIT/KISS  who have illegally acquired 100 acres of precious land in Chandaka industrial area and Patia area through fraudulent means in connivance with corrupt bureaucrats.  

In case of OMFED the cabinet Minister concerned  Sri Pradip Maharathy has written orders at the behest of IAS officials to release scam money and punish those officials who have raised questions against the scam. Two senior officials and AG have clearly pointed about the scam in their reports but the Minister dared to exonerate all. In case of OSCB JagneswarBabu was sent to jail, but the concerned MD TK panda of OSCB got two term extension with huge perks and benefits and the concerned secretary Bishnupada Sethty got lucrative positions to head two departments .

Though Justice Shah Commission recommended for CBI inquiry into Mining Scam, Both BJD Govt. and BJP Govt. at centre are hand in glove to stop the CBI inquiry.  The people of Odisha are ditched by both these parties and left hopeless world. BJP leaders are maintaining ominous silence over all these scams like Mining Scam. Land Scam etc.

Directorate of Vigilance has been formed to investigate into all corruption ad irregularities in administration and Govt. work.  But at the instance of Chief Minister, the Vigilance could not proceed to investigate into these scams.  The Vigilance has been instructed to cover up these scams. When the activity of the Vigilance was monitored through RTI, Chief Ministers took over night decision to keep Vigilance out of purview of RTI Act.

When the Chief Minister has been trying to cover up all the Mega Scams and protecting perpetrators of Crime, at the same time he is giving clarion call to stop PC (corruption in development work) and instructed the administration to form Vigilance Committee at district and block level to check it. We  feel  that it is  calculated  design of Nabin Patnaik  and his coterie to divert the attention of the people from real issues i.e., Mega Scams   which has destroyed economic backbone of the country  reducing poor to poorest of the world.

So keeping in view the deplorable situation of the state,   we are organising this  3-day Dharana and Demonstration demanding   enquiry into these scams  and immediate constitution of Lokayukta  in Odisha.

With regards

Appeal  by

Sudhir Mohanty, Advocate                                                         Ashok Nanda

Secretary, Odisha Durniti Sanghrash Manch                        Convener, Lok Samukhya

M-9861063290                                                                                   M- 9437005133

Ashok Mallick                                                                                   Biswajit Mohanty

State President, NACDOR                                                            RTI Activist

Khirod Rout                                                                                        Debesh Dash

Advocate, Odisha High Court                                                     Odisha Lokayukta Abhijan   

Sanjukta Panigrahi                                                                          Pratap Sahu

Woman Activist                                                                               Convener

                                                                                                                Odisha Basti Sangharsh Samiti

Abdil Wali                                                                                          Jia Uddin,Kondhamal

Social Activist                                                                                    Social Activist

Prof. Jantrana Parikhit                                                                   Sachikant Pradhan

Member, ONAS                                                                                Bhubaneswar basti Unnayan Parishad  

Priyabrata Gadnaik                                                                         Debashis Hota

RTI Activist, Dhenkanal                                                                 Human Rights Activist

M-9437091020                                                                                   M- 9938893415

Srikant Pakal                                                                                      Kahnu Ch. Beura

RTI Activist, Cuttack                                                                        Samaj Andolan.Bhubaneswar

Sudarshan Chhotaray                                                                     Pradip Pradhan

Odisha Ganatantrika Samukhya                                                RTI Activist

Prakash Samantsinghar                                                                 Ranjan Kumar Das

RTI Activist                                                                                         RTI Activist, Kendrapara

Pratap Mohanty                                                                               Sanjay Sahu

RTI Activist, Kendrapara                                                               Social Activist