Report of the Fact Finding Team on false Police Cases orchestrated by some politically influential fraudsters against the anti-corruption and RTI activists in Odisha through the SC women as Informants - A summary
(1) Odisha
Soochana Adhikar Abhijan, an informal network of civil society activists and
groups was formed in 2005 in the aftermath of the enactment of historic RTI Act
2005 by Parliament of India. To start with, it had two-fold objective i.e. (1) to
campaign for a drastic amendment to the loophole ridden Odisha RTI Rules 2005
so as to ensure an appropriate citizen-friendly RTI regime in the State in
conformity to the letter and spirit of RTI Act 2005; and concurrently, (2) to unleash
a sustained drive for making the use of newly available RTI Act and Rules for
exposing corruption and abuse of power bedeviling the public authorities across
the State. The Abhijan comprising RTI activists as its members spread across 30
districts of the state along with a group of eminent elderlies as its Advisors,
has since its inception been led by its State Convener Sri Pradip Pradhan.
(2) Due to
their persistent fight against the instances of corruption and
mal-administration at different levels in public sphere the Abhijan’s Convener
and many of his colleague-activists have been facing strong backlash from the
vested interests entrenched in State’s bureaucracy and their hangers-on. Even
at one point of time in 2010, Abhijan’s Convener and one of his Advisors, who
were critical of mal-functioning of Odisha Information Commission were sued for
a civil defamation case by the then Odisha Chief Information Commissioner Sri
D.N. Padhi with a damage claim for Rs. 1 lakh from each. Hundreds of false and
fabricated cases have been clamped against RTI activists throughout the State
over the years in the past and two anti-corruption RTI activists have been
cold-bloodedly murdered by the goons employed by the vested interests in the recent
past, such as Ranjan Das (a Scheduled Caste person belonging to Kendrapada
district) and Abhimanyu Panda (Kandhamal district). Though the Abhijan keeps on
fighting for unraveling the closely guarded mystery that lay behind these
orchestrated murders, a nexus of vested interests among the top politicians,
bureaucrats and police are hell bent to hush up the real truth by way of all sorts
of nefarious stratagem.
(3) Of late
Sri Pradip Pradhan and his two close colleagues belonging to OSAA Sri Srikant Pakal
and Sri Jitendra Sahu have been targeted by some politically influential
persons, namely Sri Bishnupad Sethy a senior IAS officer and Sri Achyut Samanta,
Founder of KIIT University, Bhubaneswar, whose acts of corruption and illegal
practices were highlighted and exposed by OSAA before the two statutory forums,
Odisha Lokayukta and Odisha Information Commission.
(4) In
order to stamp out the voice of protest raised by OSAA against the frauds and
scams indulged in by some high-ups in the state’s political and bureaucratic
establishment, a nefarious game has been recently resorted to by the OSAA
baiters, that is, using the names of Scheduled Caste women as informants of
orchestrated FIRs lodged in different Police Stations against Sri Pradip
Pradhan and leading activists of OSAA. For instance, an orchestrated FIR dated
31,03.2021 was lodged in Balipatna PS under Khordha district against Sri
Srikant Pakal of OSAA with Smt. Sunei Bhoi an SC woman (55 years) of Pubagada
village. Another FIR dated 05.09.2021,
which was also of a dubious type was lodged in Women Police Station,
Bhubaneswar against three of OSAA stalwarts, Sri Pradip Pradhan, Sri Srikant
Pakal and Sri Jitendra Sahu, its informant being Smt. Lipsi Nayak (36) of
village Darada under Balipatna PS.
(5) The
criminal charges leveled against the alleged offenders in both FIRs were more
or less the same, namely abuse in obscene language against the informant’s
caste, outrage of female modesty, cheating and criminal intimidation to the
complainant. Smt Lipsi Nayak’s complaint had alleged an additional charge
against the offenders, that is, sexual molestation. Besides, both the FIRs had
alleged offenses covered under SC/ST (PoA) Act 1989 amended 2015 in addition to
the offenses under IPC 1860. Surprisingly enough, both the FIRs were promptly
registered by the OICs of respective police stations who didn’t bother to check
prima facie whether the complainants were really victimized by the OSAA leaders
in view of the fact that the latter didn’t have any previous record of
committing such offenses against women at all.
(6) In a
symbolic protest against the fake FIRs lodged against Sri Pradip Pradhan
Convener and two other leading activists of OSAA, a Press Meet was held on
07.09.2021 at Bhubaneswar on behalf of OSAA, where the print and electronic
media present out there, were apprised as to how the two FIRs lodged against
the OSAA leaders allegedly by two SC women were fake ones, orchestrated only to
wreak vengeance on OSAA activists, who have of late exposed and fought against
corruption and frauds by such powerful persons as Sri Achyut Samanta of KIIT,
Bhubaneswar and Sri Bishnupad Sethy, a senior IAS officer, before the statutory
forums like Odisha Information Commission and Odisha Lokayukta. In the said
Press Meet Sri Jitendra Sahu issued a warning to the State Government that he
would commit self-immolation before Naveen Niwas, the residence of the Odisha
CM, if the Police don’t desist from their harrying and hounding drive against
OSAA activists.
(7) As a
matter of fact, Sri Srikant Pakal, a leading OSAA activist named as one of the
accused in the FIR dated 05.09.2021 lodged by an SC woman Smt. Lipsi Nayak,
visited the Capital Police Station and submitted a complaint against Smt. Nayak
on the grounds of criminal defamation against OSAA Convener Sri Pradip Pradhan
and two of his colleagues Sri Jitendra Sahu and Sri Srikant Pakal through her
fake FIR dated 05.09.2021, but the OIC of the said PS refused to register Sri
Pakal’s complaint into an FIR without any rhyme or reason. Finding no way out, Sri Srikanta Pakal posted
the said complaint the next day to the Office of DCP, Bhubaneswar urging him to
get it registered into an FIR and thereon enquired into by an appropriate
officer at the earliest as required under Section 154 (3) of Crpc 1973. (Copy of the Complaint submitted to
DCP, Bhubaneswar dated 10.09.2021 by Srikant Pakal, enclosed at Annex-1)
(8) Grave
doubt also exists as to whether the women victims who allegedly signed the FIR
did ever come to the Police Station on their own. And no less strong is the
suspicion is that their names were impersonated by some fraudsters engaged by
the OSAA baiters from behind the curtain. As a matter of fact, in pursuance to
either of these two FIRs, no investigation has begun by the respective Police
Stations, though threatening and scandalizing media stories are being spread
against the OSAA activists by the said fraudsters in nexus with the police with
an ulterior motive to harass and intimidate them and their friends and
families. As a cumulative result of all this, not only the three leading OSAA
activists targeted of late by the Police through false cases, but also the
members and workers of OSAA all over the state have come under the police
surveillance coupled with the vengeful attitude of the officialdom, all leading
to a daunting challenge to OSAA’s freedom and activism in giving exposure to and
fight against acts of corruption and mal-administration across the state.
(9) In view
of such a perturbing scenario, an independent Fact-Finding Team comprising 11
members from diverse professions and persuasions and led by Sri Rabi Das, a
senior journalist of the State undertook a study visit on 10.09.2021 to the
villages of the two SC women who have been shown as Informants in their
respective FIRs. They first reached Pubagad, the village of the alleged
informant of the FIR dated 31.03.2021 Smt. Sunei Bhoi and then Nayak Sahi of
Balakati where Smt. Lipsi Nayak the alleged informant of 2nd FIR
dated belonging to Revenue village Darada was living along with her kith and
kin. Both the villages come under Balipatna Police Station covered under UPD,
Bhubaneswar.
(10) As soon
as the FFT reached Pubagad, the village of Smt. Sunei Bhoi, a crowd of people
comprising its cross-sections gathered around the team and a team member Sri
Ashok Mallick, who is a Dalit and Human Rights activist, called Smt. Bhoi, her
husband and neighbors to the spot to interact with the Team leader Sri Rabi
Das. Sri Das showing a copy of the FIR allegedly signed by Smt. Bhoi asked her,
whether she had lodged it in Balipatna PS alleging serious offenses committed
by Sri Srikanta Pakal, an OSAA activist against her and her caste identity. The
reply of Smt. Bhoi took everybody around by surprise as she told that she
didn’t know at all about this FIR nor about Sri Pakal or any organization
called Odisha Soochana Adhikar Abhijan. Further surprising was her statement
that the Odia signature put on the FIR was not hers, because she being
absolutely illiterate didn’t know how to sign and she used to put her thumb
impression only as and when called upon to sign any document. With a rage on
her face she wanted the FFT to uncover the mystery behind the forged FIR that
has not only maligned herself, her family and caste members, but also the
entire village of Pubagad. The local Sarpanch who belonged to SC community and
was present there, told Sri Das that he would extend all sorts of cooperation
to the FFT for discovering the fraudsters who had impersonated the signature of Smt Bhoi
and got a forged and fake FIR registered in the Balipatna PS and thereby
scandalized the entire Gram Panchayat.
(11) On
returning from the village of Smt. Sunei Bhoi, the FFT visited Nayak Sahi of
Balakati where the informant of 2nd FIR Smt. Lipsi Nayak was living
with her family members. However, Smt. Nayak was absent from home at that
moment as reported by her son Ashok Nayak, a student of 7th Class.
As suggested by FFT Chairperson Sri Rabi Das, the team members interacted with
the mother-in-law and elder-brother-in-law of Smt Lipsi Nayak and other
villagers present around to ascertain from them the truth behind the
allegations made by Lipsi against Sri Pradip Pradhan and 2 of his leading OSAA
colleagues-activists. All of them told in unison that they didn’t know any
person of Soochana Adhikar Abhijan nor have ever seen any of them come to their
village on any occasion, nor Lipsi ever worked for OSAA in collecting donations
or mobilizing the people for OSAA meetings and rallies. They also expressed
their bewilderment as to how a nakedly fake FIR has been registered against
Abhijan activists with their daughter-in-law Lipsi mentioned as its informant. On 13th Sept 2021 the FFT again
visited Nayak Sahi of Balakati and could meet both Mrs. Lipsi Nayak and her
husband who were then present at home. In reply to questions relating to the
FIR Mrs. Lipsi Nayak didn’t speak anything while her husband refused outright
to talk to the FFT anything around FIR. The FFT returned with a lurking
suspicion that Lipsi’s husband, if not Lipsi herself, might have some dubious
nexus with the orchestrators of the FIR dated 05.09.2021 lodged in Mahila
Police Station, Bhubaneswar allegedly filed against OSAA activists by Mrs.
Lipsi Nayak.
(12) The
findings of the FFT study were released in a Press Meet held at Bhubaneswar on
16.09.2021 where the Dalit and Human Rights activists shared it with both print
and electronic media present out there. Further, a delegation of FFT led by its
Chairman Sri Rabi Das, a senior journalist of the state met the Commissioner of
Police at his office at Bhubaneswar on 21.09.2021 and apprised him on the said
findings with a request to make a proper investigation into the so-called criminal
cases lodged against OSAA activists and to order the concerned police personnel
not to harass and intimidate them on the ground of FIRs hanging against them.
Above all, a group of Dalit and Human Rights activists have submitted a
Complaint dated 25.09.2021 before the Chairperson of National Scheduled Castes
Commission, New Delhi with a request to hold a comprehensive enquiry into the
so-called FIRs lodged against OSAA activists and ensure their protection from
the threat and intimidation posed by a nexus of vested interests and notorious
elements among police and administration. (Copy of Complaint lodged
before NCSC, New Delhi dated 25.09.2021 enclosed at Annex-2 )
Prepared by
Chitta Behera
Date-1.11.21
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