Rampant political interference by BJD leaders in transfer of Police Officers in Odisha

RAMPANT POLITICAL INTERFERENCE BY BJD LEADERS IN TRANSFER AND POSTING OF POLICE OFFICIALS IN ODISHA, exposed under RTI

Bhubaneswar: 1.3.19, Recent documents obtained under RTI from office of Director General of Police, Odisha by Sri Biswajit Mohanty, RTI Activist and Member, Odisha Soochana Adhikar Abhijan (OSAA) has revealed rampant interference in transfer and postings of police officials by politicians belonging to the ruling BJD party. Ministers, MLAs, MPs and office bearers of Biju  Janata Dal. They   have been regularly writing in favour of some police officers to post them at specific posts and places.

In 2015, Sri Biswajit  Mohanty, RTI Activist and Member of Odisha Soochana Adhikar Abhijan ( OSAA)  had  filed RTI Application to the PIO, Director General of Police, Cuttack  seeking information about  details of recommendation by Ministers, MLAs for posting  and transfer  of police officers  in various  police stations.  The  information  was  denied   by the PIO  on the  ground  of privilege  of assembly.   Then  Appeal  was made  to  Odisha  Information  Commission  following  which  the  Commission heard the  case  and rejected the plea of PIO  and directed the PIO  to supply  the  information free of cost.    The  gist of  analysis  of the PIO  in respect of supply  of the  information in January, 2019 is  as  follows.

As  noted , Elected representative have a right to request transfer of a certain police officer who may be corrupt, inefficient or incapable. However, specifying the name of the police officer whom they want to be posted in their area can lead to such officers losing their independence.

Politicians  of Biju Janata Dal, the ruling party , Govt. of Odisha have  interfered in Battalion postings of OSAP. During the period from 8.5.2015 to 20.6.2017 as many as 57 such recommendation letters were received from BJD MLAs, MPs and office bearers  . The maximum was from Arun Sahoo, former Minister who wrote 11 letters.  32 Ministers like Bijayshree Routray, Prafulla Malik, Pradeep Maharathy , Arun Sahoo wrote for such postings.

As many as 81 letters of recommendations were received for transfer and posting of during 21.5.2015 to 15.12.2016 were received by the DGP, Odisha for transfer of IIC, DSP, Addl. SP and Asst. Commandants of OSAP. Out of these only 5 letters were issued by non BJD leaders .The highest number of recommendations of 7 was received from Sananda Marandi, Deputy Speaker apart from 71 letters from BJD MPs, MLAs, Ministers and party men. During the period from 21.6.2017 to 12.12.2018 as many as 92 recommendation letters were received for transfer and postings of IIC, DSP, Addl. SP and Asst. Commandants of OSAP.

Dr. Rajashree Mallick, MLA, Tirtol has recommended posting of a police officer as SDPO, Paradeep on the ground that he has received several awards and medals, though she admits there is a vigilance case pending against him.

Such regular interference in police transfer and postings by politicians has lead to lack of law and order in many areas of the state. The law and order situation in Keonjhar has apparently collapsed as revealed by anguished Badrinarayan Patra, Minister for School and Mass Education.

Vide his letter dtd. 23.2.2018  to the DGP, Odisha he recommended posting of a police officer as SDPO, Keonjhar Sadar and observed :

“The law and order situation in the district of Keonjhar is deteriorating day by day. Huge black money is being spent to group together anti social elements in the district.”…….. 

“The police officers are silent spectators. The accused persons are not arrested for last so many years. This is the position in the whole district including that of the district headquarters. The common man is not safe”

OSAA believes that police postings should be done impartially without political interference so that law and order will be maintained.  Links between politicians and police officials lead to a nexus and is not in public interest.

The following table illustrates the dismal state of police functioning in Odisha where accountability levels have suffered due to the close nexus

Rape cases				Murder cases
Year	Registered cases	Pending Investigation		Year	Registered cases	Pending investg/unsolved
2015	2,286	805 (35 %)		2015	1,473	698  (47 %)
2016	2,144	794 (37%)		2016	1,328	674  (51 %)
2017	2,221	820 (37%)		2017	1,267	624  (49 %)

Police are yet to serious offenders since they have failed to arrest 422 murder accused and 275 rape accused for cases filed in 2015 and 2016.  NCRB data recorded Odisha had third highest crimes against women in 2016. Conviction rates are languishing but not a single MLA, MP or Minister has demanded accountability from the Home Minister Mr. Naveen Patnaik or the DGP about the repeated police failures in securing conviction for many notable cases like Pipli  , Kunduli and Itishree murder in Rayagada district.

OSAA is also surprised that no action has been taken against any police officer whose name has been recommended for posting by any politician.  Under Rule 23 of  The Orissa Government Servants Conduct Rules,1959

“No Government servant shall bring or attempt to bring any influence whether official or non-official to bear upon any authority to further his interests in respect of matters pertaining to his appointment under Government, promotion, pay and other service conditions.”

Explanation – Intercession by an outsider on behalf of an officer shall be deemed as an attempt on the part of the officer to bring extraneous influence for furthering his official interests.”

Not a single proceeding has been drawn up against any police officer u/r 23 which shows that the government is not serious about enforcing discipline in the force.

(1)    Copies of some recommendation letters attached

It  was  presented  in a Press Meet  organised  in  Bhubaneswar  on 1.3.19  

(  Information under RTI  was  obtained  by Biswajit  Mohanty, RTI Activist  and Member  of Odisha Soochana Adhikar Abhijan , He  can be contacted  in M- 9437024265, Email- kachhapa@gmail.com)