Thursday, February 27, 2025

Report of Fact-finding Team on False case filed against RTI Activists

 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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