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New Indian Express
19-07-2025
- Politics
- New Indian Express
Orissa High Court upholds right to protest, quashes Rayagada DM's order
CUTTACK: The Orissa High Court on Friday quashed a controversial order issued by the Rayagada collector that barred Bhawanipatna-based doctor Randall Sequeira from entering the district. The June 4 order, which also applied to noted activist Medha Patkar and 22 others, was imposed ahead of a planned protest against proposed bauxite mining at the Sijimali hills. Delivering the verdict, Justice SK Panigrahi held that blanket bans on protest activities are contrary to constitutional values. 'In a constitutional democracy, the government should focus on dialogue and management rather than exclusion,' the court said, emphasising that reasonable regulation and not prohibition is the appropriate response to concerns over law and order. The court took note of the context in which the ban was issued - during the Rath Yatra festivities, when police resources were stretched thin. However, it stated that those constraints were temporary and it was no longer justifiable to continue the restrictions. Dr Sequeira, who has provided free healthcare services to tribal communities in Rayagada and Kalahandi for several years, had challenged the ban as unconstitutional. His counsel, Advocate Afraaz Suhail, argued that the order disrupted essential services and violated his client's fundamental rights. While lifting the restriction on Dr Sequeira, the court laid down operational guidelines for future protests. These include prior notification to authorities, cooperation from organisers, state facilitation of venue and time, and proportionate restrictions to maintain public order. This apart, protesters must ensure peaceful conduct and authorities must avoid arbitrary denial of protest rights. The court stressed that these guidelines are case-specific and do not dilute broader constitutional protections under Article 19. Violations by protesters or unjustified restrictions by authorities will both be subject to legal scrutiny, it said. Dr Sequeira is now free to enter Rayagada district and resume his work. The status of the ban on other activists, including Medha Patkar and Prafulla Samantara, remains unclear as of the judgment by Justice Panigrahi on Friday.
Time of India
18-07-2025
- Politics
- Time of India
HC quashes Rayagada admn order curbing entry of doc
Cuttack: Orissa high court on Friday quashed the Rayagada collector's June 4 order prohibiting medical practitioner and activist Dr Randall Sequeira from entering the district. Tired of too many ads? go ad free now Justice S K Panigrahi held that while law and order concerns are valid, blanket prohibitions infringe upon constitutional rights and must be balanced with reasonable restrictions. The ban order, which also included noted activist and 22 others, was imposed for two months ahead of a planned protest against proposed bauxite mining at Sijimali hills. Authorities had cited potential disruptions to public peace and administrative functioning for justifying the order. Justice Panigrahi emphasised, "In a constitutional democracy, the govt should focus on dialogue and management rather than exclusion." He reaffirmed that protest rights under Article 19 must be preserved, and restrictions should aim at regulation — not denial. The court took note of the context in which the ban was issued — during Rath Yatra festivities, when police resources were stretched thin. However, it stated that those constraints were temporary and no longer justified continuing restrictions. Sequeira, a Bhawanipatna-based physician known for providing free medical care to tribal communities, challenged the order, arguing that it hindered his ability to deliver essential services. His counsel, advocate Afraaz Suhail, contended that the ban was disproportionate and unconstitutional. The court agreed, allowing Sequeira to re-enter Rayagada immediately, and issued operational guidelines for future protests. Tired of too many ads? go ad free now These include written notice to district authorities, coordination with police, designated protest locations, and lawful restrictions on timing, sound and crowd management. Justice Panigrahi clarified these conditions are specific to the current case and do not override general constitutional protections. He warned that any violation by protesters would invite legal action, while any arbitrary denial of protest rights by the state would face judicial scrutiny. Cuttack: Orissa high court on Friday quashed the Rayagada collector's June 4 order prohibiting medical practitioner and activist Dr Randall Sequeira from entering the district. Justice S K Panigrahi held that while law and order concerns are valid, blanket prohibitions infringe upon constitutional rights and must be balanced with reasonable restrictions. The ban order, which also included noted activist Medha Patkar and 22 others, was imposed for two months ahead of a planned protest against proposed bauxite mining at Sijimali hills. Authorities had cited potential disruptions to public peace and administrative functioning for justifying the order. Justice Panigrahi emphasised, "In a constitutional democracy, the govt should focus on dialogue and management rather than exclusion." He reaffirmed that protest rights under Article 19 must be preserved, and restrictions should aim at regulation — not denial. The court took note of the context in which the ban was issued — during Rath Yatra festivities, when police resources were stretched thin. However, it stated that those constraints were temporary and no longer justified continuing restrictions. Sequeira, a Bhawanipatna-based physician known for providing free medical care to tribal communities, challenged the order, arguing that it hindered his ability to deliver essential services. His counsel, advocate Afraaz Suhail, contended that the ban was disproportionate and unconstitutional. The court agreed, allowing Sequeira to re-enter Rayagada immediately, and issued operational guidelines for future protests. These include written notice to district authorities, coordination with police, designated protest locations, and lawful restrictions on timing, sound and crowd management. Justice Panigrahi clarified these conditions are specific to the current case and do not override general constitutional protections. He warned that any violation by protesters would invite legal action, while any arbitrary denial of protest rights by the state would face judicial scrutiny.
New Indian Express
23-06-2025
- Politics
- New Indian Express
Orissa HC seeks response from collector, SP on Medha Patkar's Rayagada entry ban
CUTTACK: The Orissa High Court has sought response from the collector and SP of Rayagada on ban imposed on activist Medha Patkar and 24 others from entering or staying in the district for a period of two months. The ban order was issued on June 4 ahead of a public meeting on the next day at Hatpada field in Sunger of Kashipur block, which Patkar and other activists were scheduled to attend. The meeting was organised to protest against the proposed bauxite mining activities at Sijimali hills. 'There is a reasonable apprehension that their movement and presence in Rayagada district may lead to deterioration of law and order, disturb public peace and hinder the smooth conduct of administration affairs and development process in the district,' said the order issued by collector Parul Patawari on the basis of the report of the SP. Dr Randall Sequeira, a Bhawanipatna-based medical practitioner who was among those barred, filed a petition challenging the ban order, on June 17. He claimed that he has been rendering free medical service to numerous tribal communities residing in Kalahandi and Rayagada districts. Restraining his entry into Rayagada will adversely affect the essential healthcare services being provided by him to the underprivileged population there, he contended. When the petition was taken up for hearing on Friday, petitioner counsel Afraaz Suhail argued that the anticipated protest was a one-day event, but extending the restriction for a two-month period lacked justification. Taking note of it, Justice SK Panigrahi sought response from the collector and SP of Rayagada on the matter. Justice Panigrahi directed additional government advocate Debashish Nayak to take necessary instruction and schedule next hearing on the matter for June 24.
Time of India
22-06-2025
- Politics
- Time of India
Plea in HC against Rayagada collector's 2-month entry ban against Patkar, 24 others
Cuttack: Orissa high court on Friday began hearing a petition challenging an order issued by the Rayagada collector on June 4, which prohibits activist Medha Patkar and 24 others from entering or staying in the district for two months. The ban was imposed ahead of a public meeting scheduled for June 5 at Hatpada field in Sunger under Kashipur block, where Patkar and other activists were expected to protest against proposed bauxite mining in the Sijimali hills. Citing law and order concerns, collector Parul Patwari acted on a report from the SP stating that the presence of the group might disturb public peace and hinder administrative functioning. The matter reached the HC through a petition filed by Dr Randall Sequeira, a Bhawanipatna-based medical practitioner who was among those barred. Sequeira contended that the order severely hampers his ability to provide essential medical services to tribal communities in Rayagada and Kalahandi, where he has been offering free healthcare for years. Appearing for the petitioner, advocate Afraaz Suhail argued that the prohibition was arbitrary, disproportionate and violated constitutional rights. He highlighted that the planned protest was a daylong event, and imposing a two-month district-wide ban not only lacks justification but reflects "non-application of mind" by authorities. Taking note of it, Justice S K Panigrahi sought responses from the Rayagada collector and SP. Additional govt advocate Debashish Nayak was directed to obtain necessary instructions. The matter has been posted for further hearing on Tuesday. The petition asserts that equating peaceful protest in a scheduled area with a threat to public peace is flawed reasoning. It alleges that the administration's approach overlooks the nuanced balance between environmental concerns, indigenous rights and development policies. Sequeira maintained he has no links to any protest and fears the order unjustly tarnishes his record while depriving tribals of crucial healthcare services.
Time of India
27-05-2025
- Politics
- Time of India
Lack of a regular VC, faculty shortage hit MMU
1 2 3 Bhubaneswar: Shortage of permanent faculty members and non-teaching staff has been plaguing the functioning of Maa Manikeshwari University (MMU) in Kalahandi district since its formation on Sept 1, 2020. Its academic activities were further crippled after vice-chancellor Sanjay Kumar Satpathy died of cancer in Dec last year. Now, an associate professor is in-charge VC of the Bhawanipatna-based university, which was carved out from Sambalpur University. Siba Prasad Adhikary, former VC of Fakir Mohan University, Balasore, said it was strange that an associate professor was given charge of MMU. "When the former VC died, the Odisha Universities (Amendment) Act, 2020, was in force. As per the Act, the chancellor may appoint any VC of a neighbouring public university as in-charge VC for a period not exceeding one year or until a regular VC joins, whichever is earlier. But it is not the case with MMU," he added. According to the Odisha Universities (Amendment) Act, 2024, a senior-most professor from the university can become in-charge VC. "But Maa Manikeshwari University has a different appointee. Due to the lack of a regular VC, policy decisions and teacher recruitment cannot be carried out. An in-charge VC can only do routine work," Adhikary said. As many as 84 out of 112 permanent teaching posts are lying vacant in the university. It does not have a single permanent professor and only two associate professors. There are no permanent non-teaching staff out of the sanctioned strength of 87. A total of 67 guest faculty members are conducting classes. "Guest faculty cannot guide PhD scholars or conduct teaching and research work like permanent faculty members. It's not a college now. Stopgap management cannot work in universities," said Himanshu Charan Sarangi, a retired faculty member of the university. He said quality should be maintained in teaching and research work. "A university cannot function without a professor. Ironically, a professor is not there who can become PG Council Chairman or in-charge VC," he added. The university is still functioning from the erstwhile college campus in Bhawanipatna. It does not have a second campus for expansion. As the university does not have permanent faculty members in 75% of sanctioned posts, it cannot start new courses or departments. "It is good to have permanent faculty members to manage the teaching, research and administrative works. As an in-charge VC, I ensure the university work continues smoothly. We follow the Odisha Universities Act and UGC rules and regulations to make decisions," said Nibedita Nath, in-charge VC. Higher education minister Suryabanshi Suraj recently said they amended the previous Act to bring reforms in higher education and solve the issues created under the previous govt. "The case against the Odisha Universities (Amendment) Act, 2020, stalled the faculty recruitment completely. We will start recruitment of VCs and faculty members soon," he added. Bhubaneswar: Shortage of permanent faculty members and non-teaching staff has been plaguing the functioning of Maa Manikeshwari University (MMU) in Kalahandi district since its formation on Sept 1, 2020. Its academic activities were further crippled after vice-chancellor Sanjay Kumar Satpathy died of cancer in Dec last year. Now, an associate professor is in-charge VC of the Bhawanipatna-based university, which was carved out from Sambalpur University. Siba Prasad Adhikary, former VC of Fakir Mohan University, Balasore, said it was strange that an associate professor was given charge of MMU. "When the former VC died, the Odisha Universities (Amendment) Act, 2020, was in force. As per the Act, the chancellor may appoint any VC of a neighbouring public university as in-charge VC for a period not exceeding one year or until a regular VC joins, whichever is earlier. But it is not the case with MMU," he added. According to the Odisha Universities (Amendment) Act, 2024, a senior-most professor from the university can become in-charge VC. "But Maa Manikeshwari University has a different appointee. Due to the lack of a regular VC, policy decisions and teacher recruitment cannot be carried out. An in-charge VC can only do routine work," Adhikary said. As many as 84 out of 112 permanent teaching posts are lying vacant in the university. It does not have a single permanent professor and only two associate professors. There are no permanent non-teaching staff out of the sanctioned strength of 87. A total of 67 guest faculty members are conducting classes. "Guest faculty cannot guide PhD scholars or conduct teaching and research work like permanent faculty members. It's not a college now. Stopgap management cannot work in universities," said Himanshu Charan Sarangi, a retired faculty member of the university. He said quality should be maintained in teaching and research work. "A university cannot function without a professor. Ironically, a professor is not there who can become PG Council Chairman or in-charge VC," he added. The university is still functioning from the erstwhile college campus in Bhawanipatna. It does not have a second campus for expansion. As the university does not have permanent faculty members in 75% of sanctioned posts, it cannot start new courses or departments. "It is good to have permanent faculty members to manage the teaching, research and administrative works. As an in-charge VC, I ensure the university work continues smoothly. We follow the Odisha Universities Act and UGC rules and regulations to make decisions," said Nibedita Nath, in-charge VC. Higher education minister Suryabanshi Suraj recently said they amended the previous Act to bring reforms in higher education and solve the issues created under the previous govt. "The case against the Odisha Universities (Amendment) Act, 2020, stalled the faculty recruitment completely. We will start recruitment of VCs and faculty members soon," he added.
