Thursday, November 28, 2024

Fact Finding Report on Attack on Ashok Pati

 

 Fact Finding Report on “inhuman behavior, brutal torture and merciless attack on RTI Activist and his wife by Anti-Socials 0f  Rasasori Gram Panchayat    in Dasarathpur Block of Jajpur district, Odisha

 

On 8th November 24, the electronic media carried startling news showing a video about a woman being publicly manhandled, stripped, abused and tortured by a group of people   in Rasasori Gram Panchayat under Dasarathpur block of Jajpur district. It was reported that the people have gheraoed the house of RTI Activist Ashok Pati   with intention to drag him out from his house to murder him. As the wife of Ashok Pati resisted them, they dragged her, stripped and abused her publicly and threatened to murder her husband unless he refrains from filing RTI.   

Having been perturbed over the news and public resentment on this unfortunate incident, on 9.11.24, a fact-finding team of Odisha Soochana Adhikar Abhijan ( a Civil Society Group spearheading campaign for effective implementation of RTI Act in Odisha)  made  a visit to the spot to ascertain  the fact and  find out possible  ways  to intervene in the matter in order to provide justice to the affected RTI Activist and his family . On the way to Rasasori Gram Panchayat, native of Ashok Pati, it was reported from fellow-RTI Activists that the affected couple had been detained in Dasarathpur police station. So, the Team decided to move   straight to the Police station to meet the family rather than visiting his house.

The Team Members of Fact-finding Team

1.     Pradip Kumar Pradhan, M- 9937843482

2.     Sarbeswar Behura, M- 9437459949

3.     Hrudananda  Kodamasingh , M- 9337248512

4.     Simanta Kumar Patra, M-9937324725



( The Team members interacting with Ashok Pati  at dasarath Pur Police station) 

The Team reached Dasarathpur Police station by 2 o’clock. The Inspector-in-Charge was absent. On a phone call, he responded that he had come for inquiry into the said incident. The Team members along with local RTI Activists present there met   traumatized Ashok Pati, his wife and mother and interacted with them about the  unfortunate incident of 8th Nov.

 

The untold story of a horrible incident narrated by Ashok Pati, RTI Activist and his wife is as follows.

Ashok Pati aged 29, an Auto-driver is survived by his wife, mother and a son of 17 months old. As a social activist, he used to file RTI to expose corruption and irregularities in development work undertaken in Rasasori Gram Panchayat from time to time. Having seen misappropriation of crores  of rupees  by  contractors and Biju Janata Dal workers making false bills without undertaking any work, he  filed 13 RTI Applications in the month of March and April, 2024  in the office  of Dasarath Pur Block and Rasasori Gram Panchayat  seeking information about implementation of 5T Renovation work in Sri Jagannath Vidya Mandir School, projects undertaken Mo Odisha-Nabin Odisha programme , works under Mo Pokhari Yojana, Pradhanmantri Awas Yojana  etc. Astonishingly, not a single RTI Application was compiled by the PIO. But he continued to pursue BDO, Dasarath Pur Block for supply of information by filing first appeals. The information which was supplied was again found false and misleading. The officials remained hell-bent not to vouch for a single information on the pretext of exposure of corruption and irregularities  publicly and started pressurizing him to withdraw RTI Application. Ashok again filed similar RTI in the name of his wife in the block office to get the  same information. His repeated filling of RTI Applications enraged BJD Top brass in the area and put them in mental tension. They started mounting pressure on Ashok to withdraw RTI Application apprehending that  huge corruption would be exposed , if information was supplied. But he undisturbedly continued his fight against corruption and demanded information. His relentless persuasion to access information put the administration in big trouble and payments against Bills  was stopped. Some development work  was  also  halted  due  to non-payments.   He also  filed  complaint to the Prime Minister’s office  seeking inquiry into corruption in development works. His  complaint petition  was  forwarded to  the Collector, Jajpur  who entrusted Deepak Acharya , estimator of DRDA for inquiry. It  was alleged  by Ashok Pati  that Sri Acharya without conducting inquiry put pressure on him to refrain from pursuing the matter and withdraw  the complaint.

This administrative embarrassment due to grinding halt  of various programmes in Gram panchayat prompted  Sri Shiba Prasad Rath , husband of Sarapanch of Rasasori Gram Panchayat  and others   to take  certain action against  Ashok Pati.  In July 2024,  they  masterminded filing  a false   dalit  atrocity  case , as generally seen  in many  RTI related  cases to silence RTI Activists,   in Dasarathpur Police station against Ashok Pati. The Police  registered  the  case and conducted an  inquiry. As it was a false  case, the police did not take  any action against him.

In August, 2024, hundreds of  people  mobilized  by Shiba Prasad Rath  gheraoed at  his home  and attacked him. He immediately made  a call  to the  police station and the  police  reached  on the spot and rescued him. It  was  reported  by him that  the behavior of police  mainly Sri Abhransu Kumar Mohanty  ASI,   was very humiliating. He misbehaved  with Ashok  while dealing with  the cases  filed against him.

( The Team members interacting with SDPO at DasarathPur Police station)

Despite huge pressure exerted upon him politically and administratively, Ashok did not bow down rather   continued to pursue RTI matters to access the information.  At last on 8.11.24, a mob of people and anti-socials of Biju Janata Dal led by Shiba Prasad Rath, husband of Sarapanch Gitanjali Dwivedi   gheraoed Ashok’s house at around 8 AM and  tried  to forcibly  entered his house  to drag him. His wife Lalita Pati resisted and did not allow them to enter her house. She locked her husband and resisted the  madding crowd of anti-socials. The tussle  continued  some time and atlast  at  the direction of Shiba Prasad Rath, these anti-socials dragged  Lalita Pati out of her house  to an open  field and nakedly tortured her by pushing and thrashing her repeatedly and stripped her publicly. After few hours , the police reached on the spot and rescued  them and  carried them ( Ashok Pati, his wife and mother and his 17 month old son)  to the police station but did not arrest anybody.

Discussion with Sri Satyabrata Lenka, SDPO, Jajpur

While  discussing the  incident, Sri Lenka  shared  a copy  of two FIRs filed  by Lalita Pati and Annapurna Pati and details of  action taken by the  police. The police  have  registered  two FIRs CC No.  164/24 and 165/24  under  Scand ST (Prevention of Atrocity)  Act on 8.11.24 and started investigation. Two accused  Dipti Ranjan panigrahi and Maheswar  Sethi alias Putuli  have been arrested . The police have formed three Teams  to arrest other accused. He assured  the Team  that  the police would arrest others in the course of the day.  The Main accused  who had masterminded  the attack  and whose name has been  reflected  in the FIR is Shiba Prasad Rath, a worker of Biju Janata Dal  has not been  arrested  till yet.



Over-all Analysis of occurrence of the incident

The incidence of attack on RTI Activist and his family members is not new to Odisha nor in Jajpur. On March 27, 2021, Sarbeswar Behura , RTI Activist of Dharmashala block  of Jajpur district was bomb-attacked by supari killers engaged  by BJD Mining Mafia . He narrowly escaped. Similarly,  a group of 50 people  of Pramila Mallik, MLA of Biju Janata Dal ( BJD)   attacked Simant Kumar Patra  , RTI Activist of Binjharpur block of Jajpur district in his residence early morning and stripped him and paraded him  nakedly in  the village.  Four RTI Activists were murdered  for  their  fight against  corruption by BJD hooligans.   It  is one  of  many incidents of attacks on RTI Activists in the state. During the  corrupt  regime of Nabin Patnaik of  24 years, more  than 100 RTI Activists have been  mercilessly attacked , beaten up , family members have been traumatized , murdered and put  in jail for false cases. Despite state-sponsored organized attacks  of  BJD workers on RTI Activists  across the  state , RTI Activism  has not  died out. Rather  Activism has been geared up and RTI Activists and  the  common  people  have taken it  as a challenge and   dared  to use RTI to  expose  corruption  and fought  relentlessly  against  the people, leaders of Biu Janata Dal   who are involved  in corruption. They  have also filed  a number of complaints  in Lokayukta, Odisha seeking an inquiry into alleged  corruption in various development works.

The incident of attack on Ashok Pati, RTI Activist is  part of a   large conspiracy of  Corrupt political leaders and Contractors of Biju Janata Dal of that locality  and block  administration to silence him and refrain him from pursuing RTI matters. We  take   this  incident  very  seriously  and  make  the  following  recommendation to  Govt.  to  take  immediate  steps in order to give justice  to the family of Ashok Pati  as well as  protection of RTI Activists  across the state.

1.   All  the people involved  in the attack  on Ashok Pati and his wife  should be arrested  and put in jail  immediately. Though  the Police  has arrested  four people as reported in media , the main accused  Shiba Prasad Rath  has not been  arrested. It is heard  that  the police are  trying to protect him.

 

2.   Ashok Pati  had  filed a  complaint to  the Prime Minister’s office seeking an inquiry into corruption in DasarathPur Block. This  complaint  was referred to the Collector, Jajpur for inquiry. Sri Deepak Acharya , Estimator of DRDA, Jajpur  was entrusted  to conduct inquiry into the matter. Without conducting any inquiry, he pressured  Ashok Pati to compromise with BJD people and Contractors.  We recommend to Govt. to initiate disciplinary proceedings against him.

 

3.   As  the  corruption and misappropriation of  funds  in Govt. work has become order of the day,  not only RTI Activists but  the  common people are using RTI to expose it . The corrupt officers , Mafia and contractors getting  affected  by  their  exposure   are adopting various tricks  to   threaten  them. In this situation , life of RTI Activists is in danger. We , therefore Request  State Govt. mostly Director General of Police to issue  necessary  directions to all police stations  to take quick action  on the  complaint ever  filed in context of any form of  attack or violence  on RTI Activists. The prompt police action no doubt helps RTI Activists to work  for  the people  and fight  against  corruption without fear.  

 

4.   It is seen that  the  identity of RTI Applicants are  exposed  by  the PIO and other officials to the contractors and other affected  people.   They  easily identify RTI Applicants and try to influence them or threaten them.  The   identity of RTI Applicant   is identified  from Identity proof i.e, voter ID Card/ ADHAR Card submitted  by applicants during filling of RTI Application. The practice of this provision in Odisha is illegal  under RTI Act. The Section 6(2) of RTI Act clearly stipulates  that  no identity proof  is required except  contact address  for  Information seekers  while  filing RTI Application. So, we  recommend the State Govt. to withdraw  the said provision and accordingly amend Odisha RTI Rules, 2005 in  compatibility with section 6(2) of RTI Act.  

 

5.   As  the incidence of attack on RTI Activists  has become order of the day,  we recommend  State Govt.  to enact Whistleblowers’ Protection Act  for  security  of RTI Activists and their family members.

 

Report prepared  by

 

 

Pradip Kumar Pradhan

State Convener

Plot No-S-82, Maitree Vihar

Post-Rail Vihar, Bhubaneswar

M-9937843482

 

 

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