Friday, December 13, 2019

Fact-finding Report on Murder of Abhimanyu Panda, RTI Activist of Kondhamal, Odisha



RTI ACTIVIST ABHIMANYU PANDA KILLING IN KANDHAMAL, ODISHA: A BARBERIC CASE OF COLD-BLOODED MURDER, FAILURE OF CRIMINAL JUSTICE ADMINISTRATION AND STATE’S DENIAL
-A Fact-finding Report-
EXECUTIVE SUMMARY
Yet the dreadful retaliation against the messenger of the truth witnessed again in the early morning of the Human Rights Day, 10th December 2019 with the killing of Right to Information Activist Abhimanyu Panda at his residence of Baliguda under Kandamal District of Odisha by questioning the protection and security of the Whistle Blowers;  and challenging law and order situation of Odisha and country’s anti-corruption apparatus. It also asks, where is the State? Isn’t Odisha a safe anchorage for corrupt criminals who enjoys impunity?

Since inception and practical implementation of the Right to Information (RTI) Act -2005, Odisha has already witnessed four killings of RTI Activists, including the present gruesome killing of Abhimanyu Panda, who was being threatened, discouraged and subjected to torture prior to his killing. Is it his sin for coming forward and exposing the wrongdoing in public life?

It has been a growing trend and pattern in Odisha that whistle blowers who have used the RTI law to expose scams and corruption are identified, coerced, criminally intimidated and killed. The law enforcement agencies which are meant to keep law in force are helping the perpetrators of corruption and crimes having unholy nexus. Non-registration of First Information Report concerning the matter of whistle-blowers and registration of counter criminal cases by Odisha police have been challenges and made Odisha a hostile state for the messengers of truth and transparency.

Odisha’s RTI action - An  introduction
Since day of implementation of RTI Act, RTI Activists are seen quite vulnerable in Odisha. The trend of brutal attack on RTI Activists and their family members rises alarmingly. RTI Activists and RTI users are always seen at loggerheads with the State administration; corrupt Govt. officials, land mafia, education mafia, contractors while exposing corruption, irregularities in government run institutions and programs, malfunction of administration, favoritism and manipulation in government appointment and public contracts, malpractice in procurement etc. The RTI expose has not only put the government in trouble but also has brought to limelight the true character of so-called eminent people of society uncovering their crimes and real character. Armed with information obtained through RTI, activists have taken up various issues by approaching High Courts, Human Rights Commissions, Central Vigilance Commission, CBI and Tribunals like National Green Tribunal for justice. The continuous and constant endeavor of Activists, from the fields of human rights, environment, and to right to information, furthering the fights against the corruption and maladministration has endangered their life by organized coterie of powerful politicians, bureaucrats and mafias.  More than 50 RTI Activists have been beaten up severely, harassed, tortured and charged with fabricated criminal cases and their pity stories have gone unnoticed.  The recent attack on the RTI Activists in Odisha is not only mere incidents, but it exposes new pattern of attack with well-organized manner to annihilate RTI Activists and subsequently make RTI Act dysfunctional in the state.

The case of RTI Activist Abhimanyu Panda, Baliguda, Kandhamal     
Abhimanyu Panda, aged about 58 years, a native of Bataguda villages, who was residing until his killing in Baliguda town under Kondhamal district, was one of the leading RTI Activists of the state. In 2008, he joined as RTI Campaigner, continued till his death and remained an active member of Odisha Soochana Adhikar Abhijan.  He is survived by his wife, a son and daughter. He had developed his own expertise of working on RTI and successfully exposed many issues of corruption and irregularities in public assets.  In officialdom; and amongst the corrupts, he - who was recognized as a trouble maker.

Contrary to the values and the spirit of human rights and democracy, a shadowing news flash concerning the cold-blooded murder of Abhimanyu Panda not only saddned the Odisha Soochana Adhikar Abhijjan, but also put many challenges how the public wrong doing by corrupts be addressed! The news was: RTI activist Abhimanyu Panda killed at his residence at 7: 30 AM of the 10th Day of December, 2019. Having learnt the same, Odisha Soochana  Adhikar Abhijan, hereinafter referred as OSAA immediately commissioned a fact-finding team with the purpose of meeting bereaved family members and be with them, console  them, gather  information about  the incident  and  factors leading to Abhimanyu’s killing. Accordingly, a five-member team travelled to Baliguda , 350 kms  from Bhubaneswar, consisting of :
1.      Pradip Pradhan, RTI Activist and convener of OSAA
2.      Dr. Subash Mohapatra, Human Rights Activist and Advocate
3.      Sri Muhammad Ziauddin, RTI Activist
4.      Sri Anjan Rath, RTI Activist
5.      Sri Jitendra  Sahu, RTI Activist

Details of Visit of Fact-finding Team  
The team visited his house at Baliguda and finding absence of family members went to Bataguda, native village, 12 kms distance from Baliguda to meet family members. The team also visited Baliguda police station, ITDA-Baliguda, Jagannath Temple and other linked places the incident thereto.    

During interaction with family members, his wife Chhabirani Panda who is eye-witness of the incident narrated, “at around 7.30 am early morning, two unknown persons came to their residence and asked her to meet his husband Abhimanyu Panda. Accordingly, she informed her husband and engaged herself in her household works. After few minutes she heard about heated exchange of words   of her husband with the said unknown persons. Suddenly she heard screaming and when she came out from her home, she saw that said two unknow persons were fleeing away by a motor bike and her husband is lying on the ground. She called family members and carried her husband by an auto-rikshaw to Hospital where the doctor declared, “brought dead” due to firing. On query  about  the  reasons and life threats, if any for Abhimanyu, the  family member Santosh Padhi, (brother-in-law of Abhimanyu) appraised the team that Abhimanyu’s RTI expose  about  mega scams  in  Sarangagada +3 College, road construction  work  in Baliguda  under Executive Engineer, Road and Building -Phulbani(Kandamal), PDS  Scam in different blocks of Kandhamal District, huge irregularities  in management  of Jagannath temple, threats  received by him  from  contractors, liquor mafia  and few  political  people  of ruling party. Getting clue from statement of family members about his RTI work, the team returned back to his house at Baliguda and inspected details of files containing series of RTI applications submitted to different authorities and complaints filed by him.  The Team members discovered from files and available documents at his resident that his constant fight against corruption in various development work, filling series of RTI Applications and complaints to different authorities seeking inquiry into the matters thereto may be the reasons for his killing as it reveals many mega scams.

Few important cases are as follows which may be reasons and motief, as the team feels, behind murder of  RTI activist Abhimanyu Panda.

(A)  Mega  corruption in construction work of Hostel in Kandhamal Mahavidyalaya, Sarangagada college
In 2013-14, PA, ITDA (Integrated Tribal development Agency), Baliguda sanctioned Rs. 3 crores for construction of 200 seated ST Girls Hostel building at Kandhamal Mahavidyalaya, Sarangagada under K. Nuagaon Block. Sri Ashok Kumar Panda, contractor and nephew of Krushna Mohan Panigrahi, leader of Biju Janata Dal , Ruling party ( this  information was provided  by  Ajit Panda, younger brother of  slain Abhimanyu Panda )  was  handed  over the work on dated 7.5.2015 vide agreement  No. 7/2015.  Though four year passed, neither the  Contractor  completed  the  work nor  handed over the  building to the  College.  On 14.10.19., Sri Abhimanyu Panda filed complaint to Secretary, Department of SC and ST Welfare alleging huge corruption and irregularities and misappropriation of fund and long delay in construction of hostel by Contractor Ashok Panda and problems faced by tribal students.  On 18.10.19., he had filed RTI Application to the PIO, office  of ITDA, Baliguda  seeking  details of information  about project  sanctioned, materials used, bill and  vouchures  against payments  etc. From RTI Reply  dt. 22.10.19., he found that  Rs. 2,22,29,931.00 has been paid to the executant contractor who has sought another extension for completion of work . But details of payment and bill and vouchures were not provided on the ground of non-availability. On 18.10.19, the PIO wrote a letter   addressed to Ashok Kumar Panda, contractor to provide details of information to be supplied to applicant.  But the Contractor did not supply any information.  After completion of 30 days, Abhimanyu  filed  first appeal dt. 19.11.19  seeking direction from First Appellate authority to provide information.  Sri Abhimayu  has alleged of misappropriation of    Rs. 70   lakh   by the Contractor. As reported by Santosh Kumar Padhi, brother-in-law of Abhimanyu, Krushna Mohan Panigrahi, BJD leader had come to meet Abhimanyu at his residence and exerting pressure on him by engaging  mediators, including an uncle  of Abhimanyu to withdraw RTI  and  complaints. Abhimanyu has not bowed down before their pressure but pursued the matter at highest level.

(B)  Mobilization against proposal for granting license to open IMFL Restaurant “ON” Shop at Kamapada under Ward No.1 of  Baliguda NAC.
In 2017-18, the  District Excise office, Phulbani  had issued notification No. 1470 dt. 6.10.2017 for issuing license to open IMFL liquor shop without inviting public objections. Abhimanyu  was  involved  in anti-liquor  movement in the area  and had opposed  proposal  of  the  District administration to issue license open IMFL Restaurant “ON” Shop at Kamapada under Ward No.1 of  Baliguda NAC. He was behind filling the   case in High  Court , Odisha  W.P. ( C) No. 9139/2018 ( Snehalata Mallik vs- State and others) in 2018   and got interim stay order with  direction to the  Collector, Kandhamal  to hear the matter  and follow procedure  after hearing it.    Abhimanyu  had  also  mobilized  public petitions  against  liquor shop  and  filed  series  of RTI Applications to the District Excise office , Phulbani  for  monitoring  of  the  Govt. decision. License was held up by the District administration.

( C ) Allegation of misappropriation and illegality in road construction work by Agency named Anusha Projects (P) Ltd., Hyderabad  under  State Highway Development Projects
Abhimanyu  had  exposed  huge  corruption, irregularities road construction work by Agency named  Anusha Projects (P) Ltd., Hyderabad  under  State Highway Development Projects  and made  complaints  to Executive Engineer, R& B, Phulbani, Collector , Kondhamal , Engineer-in-Chief, Building, Nirman Bhawan, secretary, Department  of Works  seeking inquiry into it. He had also filed a complaint case NO. 52/2013 in which High Court had ordered to approach appropriate authority  for necessary relief. Then, he filed complaints the abovementioned offices for inquiry and filed  series of RTI applications  to monitor  and   to know the status  of his complaints. His  fight  against  this  mega  corruption  may be  another  factor  behind his murder.

(D ) Reform in management Committee   of  Jagannath  Temple, Baliguda
During interaction with family members, the family members had appraised his enmity and bitter relation with members of former Management  Committee of Jagannath  temple. Madhusudan Das, Managing Trustee had presented details of their struggle to save property of Jagannath temple from clutches of unscrupulous members of Management Committee. Both Madhusudan Das and Abhimanyu    had worked together filling four writ petitions in Odisha High Court and petitions in Endowment Commission, Odisha against the then Management Committee   following which the Endowment Commissioner  reconstituted  managing body  on 26.7.16 with Madhusudan Das  as Managing Trustee  and Abhimanyu  as  Trustee member by ousting  president  and secretary Shyam Sundar Patra. Abhimanyu was instrumental and had played  crucial  role   in obtaining eviction order from the  court for ousting  shop owners  who were not  giving monthly  rent  for years together but enjoying it illegally. He was also instrumental in issuing notice for open auction of 33 shops of temple and ousted many tenants from  ownership  of shops at Jagannath Temple. He also succeeded obtaining another order from Odisha High Court on 28.9.19  to evict  Shyam sundar Patra , former secretary of the temple management  from shop  who was  forcibly  and illegally occupying it   for  years  together  without paying a single pie against the rent.   Abhimanyu had series enmity with these shop owners and   had received life threats from them.

( E) Filling of around 50  complaints  on corruption of PDS  rice.
On 6th and 7th Dec., 19, Abhimanyu  had  filed more than 50 RTI Applications  to  Panchayat  Samiti  of K. Nuagaon,  Phulbani, G. Udayagiri and Daringbadi  and few  Gram Panchayats  seeking  information  about details of allotment  and distribution of rice  to the beneficiaries ( year-wise), beneficiaries  dropped  from this scheme  in each Gram Panchayat and their names  etc.  It was made to find out huge corruption in   distribution of rice by gram Panchayat and dealers in the panchayats which has disturbed many dealers, Civil supply officers and sarapanchs  in the area, as reported  by  family members and reflected  in FIR.

Afterward of incidents
After death of Abhimanyu as declared by Doctor due to firing, Nirmal Kumar Sahu, a distant relative, filed complaint in Baliguda police station which registered as FIR with Case No. 188/19 dt. 10.12.19
.
Findings and Recommendations
1.      Though 3 days have passed, the police have not been able to arrest the accused and engaged in buying time in name of inquiry. The incident took place just 30 meters away from Baliguda police station. Investigation in the present form and manner is being conducted is unacceptable.
2.      It is substantially learnt and the team members of fact-finding realized that Abhimanyu’s killing is organized; and the plot is conspired to finish him with ulterior motif to grab the public properties and assets by illegal means at ITDA-Kandhamal, PDS, liquor,  and properties of Jagannath Temple at Baliguda, and this conspiracy made of with corrupt officers,  political  touts  of the ruling party and tainted trustees of the said Jagannath Temple; and this is a crystal clear case of supari killing with aid of the conspirators.
3.      It is further substantially found the Baliguda Police badly failed for conducting proper and impartial investigation as they are parties to this larger conspiracy against Abhimanyu Panda and his killing. It is impossible a through and impartial investigation by present IIC Barik and his team. To prevent further malpractice and evidence tampering during investigation, IIC Barik is required to be suspended along with his team.
4.      We strongly   demand that the said gruesome killing of RTI Activist Abhimanyu Panda must be investigated by a Special Investigative Team of good police officers taking into account the content of FIR, above-mentioned factors and the people involved in it.  All culprits and conspirators must be arrested and put behind bar within time limit.
5.      We also demand strongly that the Government of Odisha must provide 25 Lakh as an interim financial relief to the next kin(s) of the deceased. 
6.      We urge  state Govt.  to issue direction  to all police stations  and SPs to  ensure protection to RTI Activists fighting against corruption and act promptly on FIR  filed  by RTI Activists with priority to investigate  into the allegation.

FACT-FINDING REPORT: BY
ODISHA SOOCHANA ADHIKAR ABHIJAN 
Team Members
Dr. Subas Mohapatra                                   Pradip Pradhan                                M. Ziauddin
Human Rights Activist                                  RTI Activist                                       RTI Activist
M- 8249577466                                              M-9937843482                                   M-6372781661

Jitendra Sahu                                                Anjan Rath
M-9861431109                                               M-7008351213

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