Sunday, May 6, 2018

Election of Achyut Samant as Rajya Sabha Member was challenged in Odisha High Court


Subas Mohapatra filed election petition in Odisha High Court challenging election of Achyut Samant as Member of Rajya Sabha

Dear friends

Dr. Subas Mohapatra, RTI Activist filed election petition no. 1/2018 dt. 30.4.18 challenging election of Achyut Samant  as Rajya Sabha Member by members of Odisha Legislative Assembly. In his petition, Dr. Mohapatra has stated that  Achyuta Samanta filed his affidavit along with nomination paper before the Retuning Officer for election to Rajya Sabha from Odisha Constituency being a candidate set up by BijuJanata Dal  and he has stated on oath that his name is enrolled in Bhubaneswar North (Uttar) Assembly Constituency at Sl. No. 1263 in Part No.64.  Sri Samant  in Point No.5 of the Affidavit that was filed in Form-26 under Rule-4 A of the Conduct of Elections Rules, 1961  has consciously and categorically stated that he has not been accused of any offence(s). Sri Samant in answering to the queries made in Point No.5 (i) of the Form-26, specifically mentioned “not applicable” in respect of the details of queries such as Case(s)/ First Information Report No (s) together with compete details of concerned police station/ District/ State. Sections of the concerned acts and short description of the offences for which charged, Name of the Court, case No. and date of order taking cognizance. Sri Samant has also declared that the contents/descriptions of his  affidavit filed in Form-26  are true and correct to the best of his knowledge and belief and no part of the said affidavit is false and nothing material has been concealed there from  and   there is no case of conviction or pending case against him other than those mentioned in items 5 and 6 of Part-A and B of the said affidavit.

But Dr. Subas Mohapatra has alleged    that Sri Samant has miserably failed to submit true and correct information as required under the law to satisfy the bonafide of the acceptance of his nomination in accordance with law. He alleged that Sri Achyuta Samant  was  having more than one Voter I.D. Cards, thereby committing offence under Sections 17 and 18 read with Section 31 of the Representation of the Peoples Act, 1950. He  has consciously and deliberately misled to all concerned with the electoral process, thereby making false declaration about his date of birth, which is quite contradictory in his own documents filed with the various authorities from time to time. He has categorically mentioned that his total income in the Income Tax Return in respect of the Financial Year 2017-18, which in fact admittedly had not seen the light of the day, as the Financial Year 2017-18 comes to an end on 31st March, 2018, but the said affidavit   was filed undisputedly on 08.03.2018. Sri Samant  has also  miserably failed to provide true and correct information about his details of immovable properties/assets and floating (movable) assets including investments, bonds, debentures, shares and units in companies and mutual funds and other institutions, so also details of investments in other financial and non-financial organizations, thereby suppressing vital facts which affects the result materially.

 Sri Samant  has also suppressed  some information about  FIR No.114 of 2017 of Gadisagoda Police Station in the district of Puri in the State of Odisha,  filed  against him corresponding to G.R. Case No. 2369 of 2017, pending in the Court of Learned S.D.J.M., Puri, for the offences under Sections 341/ 323/ 294/ 452/ 354/ 506/ 120-B/ 34 of the Indian Penal Code, readwith Section 25 and 27 of the Arms Act.   Some  other cases are though pending against him   , but the details of the said crime have been consciously and out rightly did not find place in the affidavit filed by him at the time of filing of his nomination to be elected as a Member of Parliament.

Dr. Mohapatra has prayed  hon’ble High Court   to disquality  Sri Achyut Samant  as Member of  Rajya Sabha who  has defrauded  Indian Constitution by filling false affidavit.

Pradip Pradhan
M-9937843482
Date- 6.5.18




Denial of basic treatment to Leprosy Patients resulted in beggary and hunger among them in Odisha


Denial of basic treatment, food and shelter to Leprosy Patients by Govt. of Odisha resulted in beggary, hunger and impoverishment among them

Leprosy work is not merely medical relief, it is transforming frustration of life  into joy of dedication, personal ambition into selfless service- Mahatma Gandhi

Dear friends
Leprosy patients are seen neglected, mal-treated   and forced to beggary in  Odisha   due to apathy  and indifferent attitude of the State Govt. for years together.  Many of the Leprosy Home and Hospitals located in Hatibari of Sambalpur district, Badapada of Balasore district, Puri town of Puri district and Nuabazar of Cuttack district are completely mismanaged due to absence of doctors, nurses, dressers and lack of infrastructures.  The patients are not provided adequate treatment and their wounds are not dressed with medicine and left to survive at the mercy of God.  Due to lack of treatment, hundreds of leprosy patients are disabled and forced to begging along roadside, in front of temple etc.

Since 2002 with Nabin Patnaik, as Chief Minister coming to power,  leprosy  elimination programme faced  big disaster  due  to  conspiracy  of the state  bureaucracy  to  show elimination  of leprosy  from Odisha  by manipulating data. For example, in 2003, name of total no. of 1, 27,084 leprosy patients was arbitrarily withdrawn from the   Register through bureaucratic manipulation.

In the year 2001, after the global elimination was achieved, a target was reset for the remaining 14 countries to achieve elimination on national basis by December, 2005. India was one of these countries. The National Health Policy, Govt. of India sets the goal of elimination of leprosy i.e. to reduce the no. of cases to < 1/10,000 population by the year 2005.The National Leprosy Eradication Programme of India  took up the challenge with the active support of the State/ UT Governments and dedicated partners in the World Health Organisation, the International Federation of Anti Leprosy Associations (ILEP), the Sasakawa Memorial Health Foundation & the Nippon Foundation, NOVARTIES, DANLEP (1986-2003) and the World Bank.  In 2005, India declared to achieve the goal of elimination of leprosy as a public health problem, defined as less than 1 case per 10,000 populations, at the National Level in the month of December, 2005. As on 31st December 2005, Prevalence Rate recorded in the country was 0.95/10,000population.

In Odisha , in response to call  given  by the Central Government  to  achieve target of elimination of leprosy,  in 2004-05 and 2005-06,   the State  Government  without practically  taking any steps  for elimination of leprosy patients,   launched  “Cleaning of Register Campaign” by forming  District Technical Support Team ( DTST)  to eliminate name of patients  from the Register to show that leprosy  has been eliminated .  This was a data manipulation strategy to achieve the national target.   By declaring elimination of leprosy in Odisha with false data, the State Government neglected    exercise of identification and treatment of leprosy patients in hospitals.
As per the statistics obtained under RTI, it was found that  number of leprosy  again increased  just after 2005

Situation of leprosy patients in Odisha
(Information obtained  under RTI)
Year
Total patients identified
Percentage of leprosy patients as per 10,000 population
Disabled  due to leprosy  disease
Total SC and ST population affected
% of  total leprosy patients
2005-06
8477
1.65
3.19
2643
31.17
2006-07
5088
0.65
1.89
2209
43.11
2007-08
5685
0.80
1.83
2927
42.69
2008-09
6381
0.87
3.30
2751
42.44
2009-10
6481
0.87
3.75
2009
30.99
2010-11
6742
0.85
3.87
3134
46.48
2011-12
8342
0.99
7.11
3813
45.87
2012-13
8226
0.98
7.42
3814
46.36
2013-14
10645
1.47
12.00
5226
49.46
2014-15
9004
1.23
11.36
3652
45.60
2015-16
10174
1.35
11.31
4972
48.90
2016-17
10645
1.19
10.31
5705
53.58

The above-mentioned data shows that trend in rise of leprosy patients started just after declaration of elimination of leprosy in Odisha. Now it has been acute as it has crossed the limit as less than 1 case per 10,000 populations fixed   by WHO as a public health problem. In 2002, when 38,349 leprosy patients were undergoing treatment posing acute health problem in the state (7.1 per 10,000 population) , the  high-level Committee of  the State Government on dt. 7.12.2002 citing no reasons abolished 850 posts of leprosy workers out of 1251 posts. Rest 404 leprosy workers were abjured in 314 PHC/CHC and 90 urban health Centres.  Then in 2004,  in the name of policy of integration,  the State Govt. declared  that  identification and treatment of leprosy  patients  will be  undertaken  in CHC/PHC and  urban health centres. But practically, it does not happen. Generally the doctors, nurse never touch the patients and treat their wounds. The post of Dresser is lying vacant in many health centres.  The patients were just provided MDT (Multi Drug Therapy) dose (this drug came into wide use from 1982 following the recommendation by the WHO Study Group, Geneva in October 1981) which has been reduced from 24 months to 11 months.  Leprosy patients were seen neglected and denied treatment.  Many patients also died of lack of treatment. However, in 2006, the State Government declared that they succeeded to achieve the target of elimination of leprosy as less than 1 per 10,000 by manipulating data and eliminating names from the registers without providing any treatment. But practically, due to Govt. negligence and apathy, since 2006 the number of leprosy patients starts rising in Odisha in every year.  The situation has been very horrible and
declining in the state.

As  the identification and treatment of patients has been left to health  workers  who are  untrained  having no  idea  about  leprosy treatments, the patients are not only denied treatment  but also deprived  of rehabilitation as required  for their livelihood. In view of trend of increase of patients in the state, in 2014 the Central Government suggested a proposal to State Government to fulfil vacancy of 321 para-medical workers and appointment of 184 additional leprosy workers and sanctioned 4 crores for it.   Sri Damodar Rout, the then Minister for Health and Family welfare    endorsed this proposal and directed to the Department to ensure appointment. But the bureaucracy did not carry out the order. The sanctioned amount of Rs. 4 crore was returned back  to Central Government with no appointment.

On the other  hand,  Odisha  has   14 number of  Leprosy  Home and Hospitals   which  caters treatment  and housing  the leprosy patients .  These  leprosy  Homes were established  by Christian Missionaries  during  British period.  The Missionaries  were  rendering  their services  starting from treatment  to providing  food and shelter to the leprosy patients  who were forced  to leave their  family and village  due to social stigma. In 1950 after independence,  Hind Kusth Nivarana Sangh ( HKNS)  was  formed  as registered  body  under Societies Registration Act  to look into management of Leprosy Home and Hospitals. In Odisha,  Hon’ble Governor  is the Chiarman and Chief Minister is the deputy chairman  of  HKNS. Out of 14 Leprosy Home and Hospitals, 7 are non-existent  and other 7  Home and hospitals are located  in Cuttack Nua bazaar ( 120-bedded), Balasore, Dhenkanal, Nawarangpur, Sambalpur-Hatibari,  Dhenkanal, Bolangir  having  each 20-bedded hospitals.  But these hospitals are totally neglected, mismanaged with absence of doctors, nurses and other staff.   In 2015 and 2016,  a fact-finding team of  Social Activists  had visited  Homes and Hospitals located  at Balasore, Hatibari and Cuttack  to  study the condition of leprosy patients  and  management of hospitals.  It was found that the leprosy patients are denied basic treatment; their wounds are not being dressed properly. Medicine is not given them properly. The State Govt. allots only Rs. 50.00 towards food per patient per day   and Rs.300.00 towards soap, cloth, oil per year which is insufficient for them.  A measurement of 40 acres of land of Cuttack Home and Hospitals has been encroached by outsiders.  Similarly,  in Bhubaneswar a plot No. U-9/A measuring  80 ft x 66 ft   located  at Bhoi Nagar, Unit-9  which was allotted  by General Administration Department  in 1989   for  construction of the office of  HKNS  has been  encroached by  State Govt. officials of Health and Family Welfare Dept.    The situation of Hatibari Homes and Hospitals   is horrible and suffer from  intra-fighting  and groupism  among  the patients , corruption and embezzlement  of fund. Since last 20 years, not  a single leprosy patients  has been rehabilitated   by the Govt.

Since last   five years, the  Civil Society Groups  and  Leprosy Organisations  have  raised  the issues of leprosy patients  and  taken up the  following  activity in order to give justice to them.

Action Programme

1.        Three Fact-finding Team under leadership of Pradip Pradhan , RTI Activist and Convener of Civil Society Forum   had visited  Sambalpur-Hatibari, Balasore and  Cuttack  in 2015 and 2016   to  understand the problem of the patients. The fact-finding Report has been submitted to Governor, Odisha, chief Minister and Minister for Health and Family Welfare, Govt. of Odisha  to take  steps  for the effective management of leprosy Homes and Hospitals.

2.       In 2016, a memorandum  was submitted to Dr. A.B.Otta, the then  Revenue Divisional Commissioner,  Central Zone, Cuttack  seeking his intervention  to return back the encroached  land  of  Cuttack leprosy Home and Hospitals and ensure its effective management.

3.       Two  complaint case  have been filed to National  Human Rights Commission and Odisha Human Rights Commission seeking an inquiry into alleged  mismanagement of Homes and Hospitals  and   protecting the right of leprosy patients  to access food, shelter and livelihood  and ensuring their rehabilitation. The case is pending.

4.       In September, 2016,  a Dharana programme was organised  in front of Raj Bhawan  highlighting problem of the leprosy patients  and a memorandum was submitted to Governor, Odisha  seeking his intervention as Chairman of  Hind Kusth Nivarana Sangh.

5.       On 30.4.18, a  Mass Dharana was organised  under banner  of Joint Action Committee of Leprosy Organisations  with participation of hundreds of leprosy patients  and Social Activists  demanding  the following points  and a  memorandum was also submitted to Chief Minister  to solve their long-standing problems.

Our demands

a.       Decision dated 7.1.14  taken  by the them Minister  for Health and Family Welfare  for  fulfilling vacancy of post of Leprosy workers  in the state  in order to ensure effective treatment of the patients.
b.      Leprosy patients  residing  in Rural areas and  NAC and Urban areas  are  to be provided land  under the right to  land of Slum-dwellers Act, 2017  and financial support  for construction of houses  under  Pradhanmantri Awas Yojana on priority basis.
c.      Each leprosy patients should be provided a pension amount of Rs. 1000.00 per month instead of Rs.300.00.
d.    The different posts lying vacant in Leprosy Home and Hospitals should be filled  up on war-footing way.   Each patient should be   allotted Rs. 100.00 towards food instead of  Rs. 50.00  and yearly allowance  for cloth  and others  should be Rs. 1000.00.
e.    The Govt.  should  take immediate step  to acquire/ restore   the land     of Leprosy home and  Hospitals located at Cuttack and Balasore  and land allotted  to HKNS in Bhubaneswar   encroached   by  outsiders  and Govt. officials.
f.     The Govt. should take measures  for rehabilitation of  leprosy patients.
g.    The Govt.  should provide  free education to the children of leprosy patients  and provide them opportunity of employment.


Pradip Pradhan
Vice-President
Joint Action Committee of Leprosy Home and Hospitals, Odisha
M-9937843482
Date- 5.5.18

Wednesday, May 2, 2018

Why Odisha Lokayuta, if constituted will be a toothless body in the state ?


Non-appointment of Lokpal by BJP Govt. and a Toothless Lokayukta Law enacted by BJD Govt. has destroyed  people’s hope of  getting an   empowered  and independent  Investigative  Agency in the country as well as in state of  Odisha
Dear friends
Since  last few days, Odisha has witnessed  debate   in media  and  in legislative assembly  about  implementation of Odisha Lokayukta Act,  constitution  of Lokayukta  in the state  and Affidavit  filed  by Govt. of Odisha in Supreme  Court.    The opposition leaders  are also seen  demanding   immediate  constitution of Lokayukta in the state.

As we have pointed out earlier on the day one i.e., February, 2014 when Odisha Legislative Assembly passed  Odisha Lokayukta Bill  taking credit  that Odisha is the first state  in the  country to pass  this law,  Odisha Lokayukta as envisaged in the said Bill, if ever constituted in future, would remain a lame-duck body, congenitally incapable to meet the increasing menace of corruption and mal-administration that has gripped every sphere of public life across the state.

In the midst of discourse  which is going on in the state, we once again reiterate our stand  that the Odisha Lokayukta Bill 2014, despite its timely presentation in the State Assembly and later got assent of the president of India  had suffered a series of critical lacuna and incongruities vis-a-vis the letter and spirit of the parent Act. i.e. Lokpal and Lokayukta Act 2013. The BJD government hurriedly, within one month, passed the Odisha Lokayukta Bill, 2014 during Feb '14, without any discussion with any civil society forum, even though Section 63 of Central Lokpal and Lokayukta Act given the time period of one year for all the States to passing their respective Lokayukta Act.

 Since 2014,  we are concerned and on record  have demanded amendments to the objectionable& unconstitutional Odisha Lokayukta Bill '14, now received the assent of President of India during 2015 but government is yet to make gazette notification for enforcement of the Act. Our objection is with a view to removing the repugnancies vis-a-vis Central Lokpal Act, enacted under the concurrent list of the Constitution. The parent Lokpal Act 2013 has provided reconstitution and empowerment of Central Bureau of Investigation (CBI) with due amendment in Delhi Special Police Establishment Act 1946, into a free, independent and autonomous body under the control of Lokpal.

On the contrary, the Odisha Lokayukta Law, leaves the Director of Vigilance, the only anti-corruption investigating arm untouched and thus it remains as before a subservient and pliant tool in the hands of Executives and Politicians in punishing and protecting any public servant charged with corruption to suit their partisan consideration and sweet will.

As a result of this, the people of Odisha are going to have a lame-duck and toothless Lokayukta which no power and incapable of guaranting any impartial and independent probe into any allegations of corruption levelled against a public servant, let alone prosecuting him within a time bound period as provided in the Central Lokpal Act 2013. 

However, this pivotal issue of State Vigilance to bring under the control of State Lokayukta along with a few allied important matters constitute the principal theme of our movement. The critical difference between the Lokpal and Lokayukta Act 2013 and the Odisha Lokayukta Act 2015 are lucidly explained below which was submitted to Hon’ble President of India on 201.4. 2018 .  

Critical Differences between
Lokpal and Lokayukta Act 2013 and Odisha Lokayukta Act 2014

1. CBI, the premier investigating wing of the Country has been freed from Governmental control by necessary amendment to the concerned law, Delhi Special Police Established Act 1946. (Part-II of the Schedule)

2. The Director CBI shall be appointed by an apex level body comprising 3 Members, Prime Minister, Leader of Opposition and Chief Justice of Supreme Court.(Part-II of the Schedule)

3. The Director of Prosecution to be appointed by the Central Govt. on the recommendation of CVC shall function under the overall supervision and control of Director CBI and can’t be removed before completion of 2 years in office.(Part-II of the Schedule)

4. Remaining Officers of CBI, namely SP and above to be appointed as recommended by an inter-Ministerial Committee chaired by the Chairman CVC in consultation with the Director CBI. .(Part-II of the Schedule)

5.  An Officer of CBI investigating a  case referred by LOkpal can’t be transferred without the approval of Lokpal.(Section 25-3)


6. CBI with the consent of Lokpal can appoint a panel of lawyers other than Govt.Advocates for conducting cases referred to it by Lokpal. (section 25-4)

7. Govt. to fund CBI adequately for conducting effective investigation into cases referred by Lokpal. (Section 25-4)

8. The Lokpal to act as the final appellate authority for appeals arising from any other law providing  for delivery of public services and redress of public grievances, as and where is a corruption angle as per the PoC Act 1988.
1. The Directorate of Vigilance, premier  anti-corruption  agency  of State  remains  as before  under direct control of  Govt.  in  the  G.A. Dept.  and  there  is   also  no  Act  to regulate the Directorate. (http://odishavigilance.gov.in)

2. The Director General of Vigilance is appointed by Government and his tenure and service matters are completely   subject   to   the   control of the  State                  Govt.( (http://odishavigilance.gov.in)

3. All the officers in the Prosecution wing of Directorate of Vigilance are appointed by the Government and as such function under its direct control. They are also subject to transfer as and  when  desired     by the State Government.
 (http://odishavigilance.gov.in)

4. All the Officers in the Directorate of Vigilance are appointed directly by the State Government in G.A. Dept. (http://odishavigilance.gov.in)

5.  No approval of Lokayukta needed before the  transfer  of  a  Vigilance Officer  investigating  a  case referred by Lokayukta. (http://odishavigilance.gov.in)

6. Provision for an additional panel of Lawyers to be appointed by Director,  Vigilance for conducting cases referred by Lokayukta is absent. (Section-25)

7. No provision for Govt. funding to Director of Vigilance for investigation into cases referred by Lokayukta. (section 25)

8. The Odisha Right to Public Services Act 2012 is already in force, but neither Odisha Lokayukta Bill 2014 declares Lokayukta as the final appellate authority, nor the ORPS Act was amended to declare Lokayukta as the final authority in respect of all appeals made there under.(Chapter XV Odisha Lokayukta Bill 2014)

We urge  the Prime Minister of India  to immediate  call  the meeting of selection Committee  for constitution of Lokpal in the centre   and  demand to Chief Minister, Odisha  to amend Odisha Lokayukta Act  before its implementation in the state.

Pradip Pradhan                                                                              Debesh Das
M-9937843482                                                                             M- 9437020674
On behalf of Odisha Lokayukta Abhijan, Cuttack
Date-2.5.18