Petition to Odisha Information Commission for Protection of RTI Activists

To

Sri Sunil Kumar Mishra

State Chief Information Commissioner, Odisha

Toshali Bhawan,

Satya Nagar,

Bhubaneswar

Sub- Request for instituting an enquiry under Section 18 (3) of RTI Act into the facts and circumstances leading to coldblooded, barbarous murder of Ranjan Kumar Das, a prominent RTI user and activist and an anti-corruption whistle-blower, in the night of 31st January 2020 at Bhaganpur-Berhuan roadside under Marshaghai PS in Kendrapara district of Odisha along with murder and attack against RTI activists across the state.

 Sir,

We the following signatories belonging to Odisha Soochana Adhikar Abhijan ( OSAA) hereby  bring  to your  kind  notice  the   case of gruesome murder of Ranjan Kumar Das, a renowed anti-corruption RTI Activist  and threats of  murder already issued to many RTI users and activists  in Odisha and earnestly seek  your  intervention and  urgent action in the matter.

1. As you know, RTI Act which came into full force w.e.f. 12^th October 2005 is a unique law with a mandate   to bring transparency and accountability in the administration of the country with an objective inter alia to contain corruption in public sphere.

2. Since inception,   many RTI  Activists   working  under the banner  of  OSAA  have been  carrying  forward    a sustained campaign  to enable  the  common people to access and inspect information through the  use of RTI Act and Rules made there under. As a result, they have been able to expose a bulk of cases involving corruption and fraud by vested interests in nexus with pliable public servants.  Following the constitution of Lokayukta in Odisha, many of them are filing complaints before Lokayukta for seeking inquiry into the cases of fraud and corruption exposed by them through RTI exercises. .

3.  Being panicked by the exposure of and complaint against cases of fraud and corruption so carried out by the RTI activists, and more so by the order for enuiry into such cases issued by Lokayukta, Odisha, the vested interest groups, such as dishonest contractors, business houses and corporate honchos have forged a grand alliance with  corrupt officials and police personnel to attack and exterminate physically the anti-corruption whistle-blowers so as to systematically stamp out any trace of RTI Activism that still survives in the state. 

4.  For your kind information, within last couple of years, apart from the murder of some RTI activists including that of Ranjan Kumar Das, many  RTI Activists across the state have been subject to physical attacks like  merciless beating, forceful confinement and  permanent disablement

5.  On 10^th December 2019, Sri Abhimanyu Panda, RTI Activist of Kandhamal district who has exposed several cases of  corruption in PDS and construction of roads under State RD Department and filed  a number of appeals/complaints in the office of Information Commission  was brutally murdered at gunpoint near  his residence in the early morning. After a lot of protest was raised at local and state level, the police arrested two Supari Killers along with other two  suspects involved in his murder. But the conspirators  who masterminded this murder are still at large in connivance of the local police, who have deliberately refrained from arresting  them.

6. The latest incident of such murder took place on 31^st January 2020, when  Ranjan   Kumar Das, a leading RTI Activist based in Kendrapara district was cold-bloodedly killed in the dead of night and thrown at roadside near his village, under Marshaghai Police Station in Kendrapara district. Though more than 10 days has passed, the police have not yet arrested or interrogated any suspect, let alone conduction of  any inquiry worth the name. We strongly suspect that the Police under the invisible pressure of the  local political lobby and vested interest groups are trying to tinker with the investigation including the post-mortem report so as to hush up the whole truth about a well-conspired murder of Ranjan Kumar Das.

7. Sir, the increasing spree of  threats to and murder of RTI Activists has frightened many RTI Activists and their parents to refrain from using  RTI Act to fight against corruption. As a result  the RTI Activists are  seen under pressure not to pursue  their  RTI Applications, First Appeals and Complaints/SA cases already lodged around  the cases of corruption and fraud  in the interest of the  common people.  

8.  Needless to say, under the RTI Act, Information Commission is the  ultimate custodian and arbiter of the law and as such empowered to ensure  its effective implementation of it at national level or at state level, as the case may be.  At the other end, RTI Activists are  working   relentlessly to awaken the people  about  their rights and obligations to  bring transparency and accounability in the machinery of administration . as required under a democratic polity. Thus, both Information Commission and RTI Activists supplement and complement each other for effective implementation of RTI Act.

9.  In view of the above, it should be an abiding concern of the  Information Commission to see that the life and dignity  of the RTI users and RTI activists be  protected from the offensives mounted by vested interests of all sorts from within and outside the Government 

10.                   We, therefore  request the esteemed Commission  to intervene  in this matter by way of exercising its civil court powers to institute an enquiry  under Section 18 (3) of  RTI Act to lay bare the machinations of the vested interests that lay behind the recent wave of mortal attacks and threats carried out by the hired goons. Besides, the Commission using its powers under Section 25(5) of RTI Act is also earnestly requested to recommend to the Director General of Police to take stern action against the anti-RTI miscreants on one hand and to provide security and protection to RTI activists on the other.

11.                  Last but not the least, we  also fervently request  the Commission to  take up  all  cases of Complaints/ Second Appeals filed  by the recently  murdered Abhimanyu Panda of Kandhamal  and Ranjan Kumar Das of Kendrapara  and adjudicate   the said   cases  on merit and  direct the  concerned Public Authorities   to put  the concerned information on  their  respective websites and also  to impose  penalty  on the concerned PIOs under  Section 20  of the RTI Act.

Looking forward to your well thought response in this matter,

Yours  sincerely

Pradip Pradhan

State Convener

Complaint to Lokayukta, Odisha for inquiry into life threats of Anti-Corruption Crusaders

To

Hon’ble Justice Shri Ajit Singh,                                                                                                  Date- 11.2.20

Chairman, Lokayukta, Odisha

Bhubaneswar

Sub- Request for a high-level inquiry into repeated life killing threats  culminating in a well-designed, cold-blooded and barbarous murder of a firebrand anti-corruption whistle blower and a relentless RTI Activist, Ranjan Kumar Das (an SC person)  in Kendrapara District of Odisha and connected matters- regarding

Esteemed Sir,

We, the RTI Activists do earnestly urge your immediate intervention for undertaking an impartial investigation and stern action against the conspirators and perpetrators of recent wave of life killing threats and attack on RTI Activists in the state of Odisha including the latest incident of cold-blooded,  brutal murder of Ranjan Kumar Das, who being an SC person himself, acted as a fire brand whistle-blower against multifarious incidents of corruption in public sphere through his  avid use of RTI Act as a tool for exposure and disclosure of such acts of corruption. 

1.  As you might know,  following the implementation   of RTI Act 2005,   several  social activists   have been engaged in grounding of this historic legislation at grassroots level, by way of undertaking umpteen exercises that include conducting   training and orientation programmes on RTI related provisions and procedures, the sole objective being  how to infuse transparency  and as well expose   corruption and irregularities  in implementation of  various Govt. schemes and programmes meant for the poor, downtrodden and marginalized sections of society. Having been terribly disturbed and panicked  by such constant  exposure of acts of corruption and illegalites,  various    vested interest  groups  including companies, contractors and  corrupt  officials continued to hatch  conspiracy after conspiracy  to somehow deter and  detract the RTI activists and RTI users  by way of resorting to several foul means, such as by  offering bribe  for withdrawal of RTI Applications, threatening  them  of dire consequence, physically attacking  them,  instituting false cases and putting them behind bars, making  them permanently disabled and if every such tact failed,  lastly by finishing them off by engineering cold-blooded  murder. Within last 15 years , Odisha  has witnessed gruesome  murder  of 4 RTI Activists  and more  than 40 RTI Activists  having been threatened, attacked, injured and permanently disabled.

2.  Over the years  the RTI Activists as soon as they heard of such tragic incidents of attack and murder, had filed complaint/ petitions  before  different public authorities such as office of Chief Minister Odisha, DG Police and State Vigilance.  But, unfortunately enough, their complaints were  neither heard nor  acted upon and were rather kept pending for years  on end on the facile excuse of ‘under-consideration’ or ‘under inquiry’. In view of such a grim reality then prevailing,   the  constitution of  Lokayukta  in the  state kindled a good deal  of hope  among  the anti-corruption activists that  their  complaints would thenceforth be properly  inquired  into and culprits brought to book, all in a proactive time-bound manner.

3. The  prompt  order/ action taken  by the Lokayukta, Odisha  following  complaints  of corruption filed  by RTI Activists  and the  common members of public e  has  created a havoc among  vested  interest groups  and corrupt officials,  who   in order to escape the penal consequences, do  adopt  various devious tricks against the complainants so as  to silence  them, such as  by issuing threats  of attack, intimidation,  offer of bribe, engaging of go-betweens for influencing the complainant to withdraw the case  and lastly by mounting murderous  attack on them. We  present  herewith  three cases of  virulent attacks  on  RTI Activists and anti-corruption complainats  for a kind perusal by Lokaykta, Odisha.

4.   Sri Srikant Pakal , an RTI Activist  had  filed  a complaint alleging corruption  and misappropriation of  funds  by  Sri Bishnupada Sethy , IAS, the then MIC, Odisha State  Cooperative Bank  and   presently  working  as Secretary, Dept. of Energy, Govt. of Odisha.  The Lokayukta  has taken cognizance  of the complaint  case  registering it  as LY No. 110/19 and issued  notice  to Sri Bishnupada Sethy. While  Sri Sethy  has filed time petition  for  submission of his reply   on one  hand, he has  engaged   middleman to  influence    the complainant to withdraw  the  case under  the threats of attack  . On 20.1.20, Sri Srikant Pakal  had  filed a complaint to Deputy Commissioner  of Police, Cuttack  seeking  an inquiry  into life-killing threats by  miscreants engaged  by Bishnupada Sethy ( Annexture-1).  On 10.2.2020, Sri Pakal  had  submitted  a petition  to  the  Director General  of Police, Odisha seeking  an inquiry into such threats .( annexture-2). Though  one month  has passed on, the DCP, Cuttack has not  conducted any inquiry into it.

5.  Similarly, Sri Raj Kishor Nayak, RTI Activist of Mayurbhanj  who had filed  multiple  complaints (LY No. 560/19 and LY No. 635/19 )   against  BDO,  Kaptipada, and local Sarapanch  seeking  inquiry into  alleged corruption  and irregularities  in allotment  of houses  under PMAY/ Biju Pucca  Gruha Yojana  have  received mortal  threats from vested  interest groups. Being unnerved by the notice issued by Lokayukta, Odisha dated  15.12.19., Sarapanch Rajashree Marandi and her Husband Ajaya Gaon of Badakhaladi Panchayat, Nalimadhab Patra, Vice-Chairman of Kaptipada Panchayat Samiti along with 22 Contractors gheraoed, and locked him in his house and abused him with slang language threatening  him to withdraw the case. He somehow escaped from the clutches of the said gang  by tendering a promise not to pursue the case.   On 27.12.19., he however sent  by post a petition  to Superintendent  of Police, Mayurhanj with a copy  marked  to the Director General of  Police, Odisha  seeking protection and security  for  his  family ( Annexture-3). Though ore than a  month has passed on, no inquiry nor any action has been conducted so far.

6.  Sri Simanchal Jena, RTI Activist  of  Talasara village  under Beguniapada  Block  of Ganjam district  had  filed   a number  of complaint  cases  in respect of  corruption in  implementation of  development programmes,  after  obtaining information under RTI Act. After a notice was  issued by Lokayukta, Odisha, the vested interest groups and contractors have conspired to kill him. On 25.11.19., a miscreant named Tulu Bhuyan  tried  to run  a tractor over his body. However he narrowly escaped.  On 26.11.19, he was also abused with slang language by the contractors in the village.  Though he filed an FIR, the police have not conducted any inquiry nor taken any action against the culprits, and are rather trying to cover up the whole episode. (Annexture-4).

7. As already mentioned above, Ranjan Kumar  Das, a renowned RTI Activist  who had  filed  two  consecutive complaints on 27.1.20   in the Lokayukta, Odisha   seeking  inquiry  into some some cases of mega  corruption  has been  cold-bloodedly murdered  by  vested interest groups  in Kendrapara  district in the night of 31^st January 2020.  Earlier Ranjan himself had filed an FIR before Patkura PS alleging mortal threat and casteist slur against him. Due to complete inaction of the police in respect of the said FIR, Ranjan was ultimately murdered.  Then an FIR  was  filed  on 1.2.20 before IIC  Marshaghai Police Station by his brother-in-law Balaram Das , but the IIC of the said PS while rgistering the FIR in the presence of SP Kendrapara did cunningly leave out the crucial fact that Ranjan Das was an SC person and his case deserved to be treated under both SCST (PoA) Act and IPC. The SP and IIC of Marshaghai PS  have neither conducted  any  inquiry, nor nabbed the culprits nor disbursed the compensation/relief to the parents of Ranjan till date. ( Annexture-5).

8. Besides, many more anti-corruption Activists operating across the state who have been filling complaint cases of corruption before Lokayukta have been threatened with dire consequences to their life. The life of all of them is in danger. Due to series of attacks continuing by the vested interest groups, many Activists have been frightened in pursuing   their cases in Lokayukta. Such a bad state of affairs staring the anti-corruption activists of the state in face needs to be instantly and appropriately addressed to by your esteemed authority. 

9.  Under the circumstances, we  request  your  esteemed  authority  to  issue  the  following directions  to the concerned agencies of the Govt.  in order to mete out  justice to the RTI Activists whose life, liberty and activities are in danger-

A. Direction to DG Police, Odisha  to   constitute  a high level committee  to inquire  into  the acts of criminal threats, intimidation and murder of anti-corruption activists and mete out exemplary  action against  the  vested interest groups/ miscreants and corrupt officials in nexus wth them, involved in such dastardly acts;

B. Direct the Director of Inquiry of Lokayukta  to  conduct  an  independent inquiry into  the above acts of violence and murder against the RTI activists.

C. Direct Secretary, Dept. of  Home, Govt. of Odisha  to issue  circular  to all SPs and Police Stations  to immediately register the complaint cases  filed  by  RTI Activists  and  conduct time-bound  inquiry and action against the culprits.

D.  We  also  urge Lokayukta  to  issue  direction  to DG Police  to  provide  security  to  RTI Activists  and anti-corruption whistle-blowers  and their family members.

E. The complaint  cases  filed  by Ranjan Das in Lokayukta  on 27.1.20 should  be  properly investigated  and action to be taken accordingly.

E. In the context of the latest murder of anti-coruption RTI activist Ranjan Kumar Das (an SC person), we urge Lokayukta to direct the DG Odisha Police and Secy Home Odisha to enquire into the said case as per SCST (PoA) Act 1989 for the purpose of action against the culprits and compensation/relief to the parents of deceased Ranjan.

    

Yours  sincerely

Pradip Pradhan                                                                                                          Sanjukta Panigrahi

Plot  No-D-27, Maitree  Vihar                                                                                     Ziauddin Ahamad           

Post-Rail Vihar, Bhubaneswar -751023                                                   Manoj Kumar Panda

Memo submitted to DGP, Odisha on Murder of Ranjan Das, RTI Activist

Memorandum submitted  to DG, Police  for  Constitution of High-level inquiry  into  Cold-blooded Murder of Ranjan Kumar Das, RTI Activist  of Kendrapara  District

Dear friends

To day on 10.2.20, a  five-member Delegation   consisting of Smt. Sanjukta Panigrahi, Mahi Nikepar, Srikant Pakal, Kalandi Mallik, Anjan Rath of  Odisha Soochana Adhikar Abhijan (OSAA)  submitted  memorandum to Director General of Police, Odisha seeking  (a) high-level inquiry into murder  of Ranjan Kumar Das, RTI Activist, (b) Immediate suspension of the IIC of Patura Police Station who failed to provide security and protection to Ranjan Kumar Das despite the registration of an FIR dated 11.12.2019 lodged by Ranjan himself more than a month back, (c)  Immediate suspension of the IIC of Marshaghai Police  Station who deliberately shielded the SC status of Ranjan Kumar Das in the FIR registered on 01.02.2020 despite the knowledge of both IIC and SP Kendrapara to that effect, (d) Immediate direction to IIC, Mahakalapada Police station  to register case  filed on 31.1.20 by Ranjan Das  and take  action against  the culprits, (e ) all three FIRs   should be treated jointly for the purpose of investigation, trial, action against the culprits and relief/compensation to the parents of Ranjan Kumar Das, (f)  immediate relief/compensation to the parents of deceased Ranjan Kumar Das under Orssa Victim Compensation Scheme / Relief Rules made under SCST (PoA) Act, (g) immediate arrest of alleged culprits and exemplary punishment of them; 

During  discussion with Additional  Director General of  Police,  the  delegation appraised about  ominous silence  of the  police without  conducting  any investigation into  murder  of Ranjan Das  even after  passage of ten days. It is suspected that the Police under the pressure of the ruling political lobby and vested interest groups are trying to tinker with the investigation including the post-mortem report so as to hush up the truth about a well-conspired murder of Ranjan Kumar Das, a fire-brand RTI activist and anti-corruption whistle-blower, who being himself an SC person was also a prominent Dalit rights activist. The Team urged to ADG of police   to order for   high-level enquiry   to unravel the mysterious facts and circumstances leading to the murder of Ranjan Kumar Das along with immediate action to nab and interrogate the culprits.

Press Release  by

Pradip Pradhan

M-9937843482

Date-10.2.20