Status of Judicial Commissions in Odisha- Why it is Farce ?

Status of Commission of Inquiry constituted by   Govt. of Odisha  from 2000 to 2017

(Information supplied by Home Dept. as on 12^th April 2017)

1.       Total no. of  22 Commissions of Inquiry  constituted  by State Govt.   have hardly  given justice to the victims.  In many cases,  inquiry  has been closed, The reason is best known to Govt.

2.       These Commissions take  long  time  starting from 2  to 7 years  to   submit the report .

3.       Even after submission of report by Commission, the State Govt. takes two to 5 years to come with  ATR.

4.       Constitution of Judicial Commission  has no way helped the victims to get justice.

5.       It has been used  by the State Govt.  to  cool down public anger and  agitation  and keeps continuity of investigation to cheat the victims.

Sl.No.	Name of Judicial Commission	Date of appointment	Date of submission of Report	Action Taken Report
1	Commission of Inquiry on alleged activities of drug mafia in and around Balasore district by Sri Justice P.C.Nayak/P.K.Mohanty	1.8.2000/ 27.5.2002	31.3.2007	Appropriate Action has been taken  and the report with ATR has been laid in assembly on 19.12.2008.
2	Commission of Inquiry on Violence inside the premises of SCB Medical college and Hospital, Cuttack on 16.7.2000 by Justice P.K.Mishra	7.8.2000	5.11.2002	Appropriate Action has been taken  and the report with ATR has been laid in assembly on 11.8.2006
3	Commission of Inquiry on police firing at village Maikanch under Kashipur police station of Rayagada district on 16.12.2000 by Justice P.K.Mishra	20.1.2001	17.1.2003	Appropriate Action has been taken  and the report with ATR has been laid in assembly on 1.9.2005
4	Commission of Inquiry on Confrontation between police and Members of Bar Association , Puri on 16.10.2001 by Justice A.K.Parichha, District/ session Judge , Khurda at Bhubaneswar	20.10.2001/ 18.8.2008	Closed
5	Commission of Inquiry on Police firing  at Rangabhati  and Raighar villages  in Nabarangpur  district on 30.10.2001 and 11.11.2001 respectively by  Sri Justice Basudev Panigrahi , District and Session Judge, Koraput	4.12.2001/ 5.5.2005	Closed
6	Commission of Inquiry on alleged  custodial death of Dillip Kumar Sahu at Saheed Nagar police station in Khurda district on 3.3.2005  by District & Session Judge, Khurda at Bhubaneswar	13.9.2005	11.9.2009	Appropriate action has been taken. The report along with  memorandum on action taken has been laid in Assembly  on 28.3.2011.
7	Commission of Inquiry  on alleged  custodial death of Gajendra Majhi  in Kuchinda police station on 17.3.2005 by District & Session Judge, Sambalpur	13.9.2005	13.9.2007	Appropriate action has been taken. The report along with  memorandum on action taken has been laid in Assembly on 8.4.2011
8	Commission of Inquiry  on the incident of police firing in front of Champua police station on 8.6.2005  by District & Session Judge , Keonjhar	14.9.2005	18.11.2006	Appropriate action has been taken. The report along with  memorandum on action taken has been laid in assembly on 28.8.2015.
9	Commission of Inquiry  on the incident  of police firing at Kalinga Nagar in Jajpur district  on 2.1.2006  by Justice A.S.Naidu/P.k. Patra/P.K.Mohanty ( Retd.)	4.2.2006 16.1.2008 4.9.2009	3.7.2015	Out of 3 recommendations of the commission, 2 have already been  complied. Regarding payment of  Additional Ex-gratia, GA Deptt. Has already releases Rs. 16,50,000.00 in favour of collector , jajpur for disbursement of 27 injured persons. The report has been laid in the assembly.
10	Commission of Inquiry  on the incident  of stampede inside Shree Jagannath Temple, Puri on 4.11.2006  by Sri Justice P.K.Mohanty	22.11.2006	15.9.2009	Appropriate action has been taken  and the report along with action taken  has been laid in assembly on 16.6.2016
11	Commission of Inquiry on Violent incident  occurred in different parts  of Kandhamal district during December, 2007 by Justice Basudev Panigrahi	29.12.2007	28.11.2015	Appropriate action as per order of Govt. is taken
12	Commission of inquiry on  feasibility of setting up of permanent /circuit Benches  of Odisha High Court  at different places  by Justice C.R.Pal	11.3.2008	31.5.2014	Under examination
13	Commission of Inquiry on Killing of Swami Laxmananda  Saraswati  and others  in Laleshpeta Ashram of Kondhamal district  and incident of violence in its aftermath by Justice  S.C.Mohapatra/ Justice A.S.Naidu	3.9.2008/ 24.9.2012	22.12.2015	Under examination
14	Commission of Inquiry on  Police firing at Bhuban in Dhenkanal district on 22.3.2009 by District and session Judge, Dhenkanal	25.4.2009/ 9.2.2011	Closed
15	Commission of Inquiry  on death of two Engineering students  at Bolangir  on 24.10.2009 by Justice S.K.Mohanty	31.10.2009	14.1.2015	Appropriate action has been taken  and the report along with action taken  has been laid in assembly 28.8.2015
16	Commission of Inquiry on Police firing at Bagalpur village in Cuttack district on 23.8.2010 by Justice S.K.Mohanty	13.10.2010	30.5.2015	Appropriate action has been taken  and the report along with action taken  has been laid in assembly on 29.9.2016
17	Commission of inquiry  on the incident involving a Judicial Magistrate  and the local police at Rourkela  on 2.4.2011 by Justice A.S.Naidu	16.4.2011	21.1.2013	Appropriate action has been taken  and the report along with action taken  has been laid in assembly on 28.8.2015
18	Commission of Inquiry on the incident of grievous injury to a girl  of village Arjungoda, PS- Pipil  in Puri district on 30.11.2011 by Justice P.K.Mohanty	13.1.2012	29.3.2016	Appropriate action has been taken  as per Govt.  orders. ATRs have been  received from H &FW Deptt. And DGP police.
19	Commission of Inquiry  on unauthorised Collection  of Public Deposits  in the state  by  Justice R.K.Patra/ Justice  M.M.Das	9.7.2013/ 5.2.2015	1st report  on 25.5.2016 2nd report on 3.2.2017	Continuing
20	Commission of Inquiry on police firing  at Phasipada village of Khalikote  Block under Kodala P.S. in Ganjam district as on 31.3.2012 by Additional session Judge –cum-Special judge , Vigilance, Berhampur	30.4.2012	31.5.2015	Appropriate action has been taken  and the report along with action taken  has been laid in assembly on 16.5.2016
21	Commission of Inquiry  on Police firing at Gumudumaha in Kondhamal district on 8.7.2016 by District and Session Judge , Kandhamal	22.7.2016	----	Continuing
22	Commission of Inquiry on the fire incident at SUM Hospital , Bhubaneswar on 17.10.2016 by  RDC, Central Division, Cuttack	19.10.2016	----	Continuing

Pradip Pradhan

M-9937843482

Date-30.10.2017

Plot allotted to IAS and IPS officers under DQ by CDA in Cuttack

Plot allotted to IAS and IPS officers under Discretionary Quota by Cuttack Development Authority

(Information obtained under RTI on  18.7.16 )

Sl.No.	Name of IAS/IPS officers allotted  with plots under DQ	Plot No	Sector
1	Rajendra Mohan Pattnaik, IPS	C-1159	06
2	Sri C.R.Pal, IPS	C-1170	06
3	Sri Anadi Sahoo, IPS	D-1224	06
4	Sri Umashankar Mishra, IPS	C-1247	06
5	Sri Bipin Bihari Mishra, IPS	C-1222	06
6	Sri Bana Bihari Panda , IPS	C-1383/4	06
7	Sri Prakash Mishra, IPS	C-1377/4	06
8	Sri M.Akshaya, IPS	C-1378/4	06
9	Sri S.K.Chatterjee, IPS	C-1377/3	06
10	Sri bata Krustan Tripathy , IPS	C-779	08
11	Sri Surendra Nath Swain, IPS	B-699	08
12	Sri Bijay Kumar Sharma, IPS	B-738	08
13	Sri Satyajeet Mohanty, IPS	B-917/3	09
14	Sri Prasanna Kumar  Nayak, IAS	B-1159/18	09
15	Sri Bidya Bhusan Mohanty, IPS	B-1159/28	09
16	Sri Upendra Nath Behera, IAS	6GH/1150/C-26	09
17	Sri harihar Panda , IAS	6GH/1150/C-28	09
18	Sri Binay Behera, IPS	6GH/1150/C-18	09
19	Sri Mana Mohan Praharaj, IPS	6GH/1150/C-3	09
20	Sri Asutosh Mishra, IPS	1C/32	09
21	Sri Bala Krustan Sahoo, IAS	2C/80/5	11
22	Sri Bidhu Bhusan Mishra, IPS	4C/1388	11
23	Sri Sudhansu Sarangi, IPS	3B/1293	13
24	Sri Binay Nanda, IPS	3B/1234	13
25	Sri Manoj Chhabra, IPS	4C/1557	13

By Pradip Pradhan

M-9937843482

Governor urged for effective execution of RTI Act in Odisha

Governor urged for effective execution of RTI Act in Odisha

 On 31.5.18., A Five-member delegation of RTI Activists of Odisha Soochana Adhikar Abhijan ( Sri Akhand, Chitta  Ranjan Satapathy, Kalandi Mallik, Ranjulata Mohapatra) met  Hon’ble Governor, Odisha and submitted memorandum urging His Excellency  to direct State Government  not to dilute and destroy RTI Act in the state.  The Delegation Team  also appraised  His Office  about  anti-people provisions of  Odisha RTI Rules   which is ultra-vires to Mother Act. This Rules needs to be amended  in order make it citizen-friendly after due consultation with Civil Society Groups and RTI Activists. The Activists  also  discussed  about  how office of Odisha Information Commission  has become political rehabilitation centre of  State Government  and Information Commissioners are  being appointed  without  following any transparent procedure  despite  direction of Supreme Court in  the matter of Namit Sharma vs Union of India  dated 3.9.2013 ( Review petition No. 2309/2012).  Governor  was urged to direct the State Government to formulating transparent procedure for appointment  of  Information Commissioners  in line of  Supreme Court Judgement. Activists  also requested  His Office  to review   performance of Odisha Information Commission, as  the Information Commissioners like Sashi Prava Bindhani  could not conduct hearing properly   for which more  10,000 cases are pending in the  Commission.  The way  the Information Commissioners are conducting hearing , it  will take  minimum five years to  conduct first hearing of  a fresh  appeal / complaint case. Increasing  Attack on RTI Activists was point of discussion  with Hon’ble Governor. The delegation Team appraised   Him  how RTI Activists exposing  corruption are tortured  mercilessly beaten up  and harassed  by police.  Governor  wanted  the  list of RTI Activists who have been attacked . He also assured the Team to take action positively.

  A  day-long Mass Dharana   of RTI Activists was  organised   under banner of Odisha Soochana Adhikar Abhijan  at Raj Bhawan, Bhubaneswar  to publicly highlight   the  following issues   relating to implementation of RTI Act in the state.

  1.Within 12 years of its implementation, RTI has been proved as most empowering law for the citizens of the country. The  common people   are seen using   this law extensively  starting  from accessing  information  about  their rights  and entitlements guaranteed   under various welfare schemes to exposing scams and irregularities  in development projects, tracking  ATR  on  their  complaints/ grievances  submitted to the public authorities,  enforcing transparency  and accountability  in the administration. This law has been biggest weapon in the hand of RTI Activists to fight out corruption at various levels and paved the way for generating debate for introduction of robust grievance redessal mechanism to redress grievances of the people in time bound manner. RTI Activism in India generated   nation-wide movement led by Anna Hazare for constitution of Lokpal at the centre and Lokayukta in the state through enactment of the Lokpal and Lokayukta Act, 2013.

2. But from the very beginning , the implementation of RTI in Odisha  has suffered  severe setback due  to anti-people Odisha RTI Rules, 2005 which is well-designed  by Odisha bureaucracy to subvert the sun-shining law. Tall  claim of  chief Minister  that his Govt. is transparent Government  is observed false and designed  to befool  the people. The Chief minister  never takes  name of RTI  while pronouncing  slogan of transparency  in his administration. RTI under his regime has been diluted, subverted  and destroyed  to  keep  continuity his corruption without any hassles.   For example, the Form-A ( Application for information) under the said Odisha Rules is too long, complex and over-damaging one  which not only frightens away the ordinary members  of the public from applying for information under the Act but also ultravires too of the mother Act. The column-2 asking for Father/ Spouse name, column-3 asking for permanent address and Column-4 asking for particulars in respect of identity of applicant  are very much personal details , the disclosure of which  by an applicant  before the PIO  has been forbidden  under section 6 (2) of the RTI Act.  Similarly  demand for proof of citizenship from an applicant filling RTI Application  under Odisha Rules  is also  contrary  to  section 6 (2)  of the RTI Act. The State Govt. has also made arbitrary provision of charging Rs. 20/- and 25/- towards  First Appeal fee and Second Appeal fees  respectively is also  absurd  and illegal under RTI Act.  Since last several years, RTI Activists and Civil Society Organisations have been demanding for withdrawal of these anti-people provisions of Odisha Rules. But  the State Govt.  has not taken any steps  to make Odisha RTI Rules people’s-friendly. It still remains absurd and illegitimate.

3.As per section 4 (1b) of the RTI Act, each Public Authority  is required  to voluntarily  disclose  17 types of information within 120 days of enactment of RTI Act i.e., 12^th October 2005. As per section 4 (4) of the Act, these information will be disseminated in odia language.  But within 12 years of RTI Act in Odisha, the State Govt. has  developed  a fantastic website www.odisharti.in which is a storehouse of   proactively  disclosed  information of many departments  and  sub-ordinate offices.  But  it is interesting  to note here that  these information are  outdated  and not  a single information is found correct.  Even  the  voluntarily disclosed  information of  the office of Speaker, Odisha legislative  Assembly  and  office of Governor, Odisha  is not updated.   Not  a single  information  is disseminated  in Odia language despite enactment of Odia Language ( amendment ) Act.   The Common people hardly access this information. Display Board  about RTI Act  is hardly noticed  in any office  of the state.

4. Odisha has  witnessed  series of   attacks   on RTI  Activists which is  increasing  day by day.  A good number of RTI Activists  who  are  at forefront of   exposing  corruption, irregularities  in  implementation of Govt.  schemes and programme  are seen harassed, tortured  and mercilessly  beaten up, petrol attacked   and also murdered  by powerful people  due  to  police inaction, denial of registration of  FIR and lack of investigation   and nexus of the police  with  the vested groups.   It has been noticed  that within period of last three years, more than 50 RTI Activists  have been beaten up, attacked  and socially ostracised  by influential and corrupt  people  in the state.  Despite  several complaints  to higher authorities  for immediate investigation into FIRs lodged   by RTI Activists  and  ensuring their protection , the State  Govt. has not taken any steps  in this regard.

 5. As per the RTI Act,  the State Information Commission is the highest adjudicating body  entrusted  with task of deciding appeals and complaints  of the information-seekers, penalising erring PIOs and recommending  disciplinary proceedings against  them for persistent violation of the RTI Act and awarding  compensation  to  the affected  citizens who got harassed  due to  denial of information by the PIOs. The Information Commissions are  having  power of Civil Court  to conduct inquiry into  any  complaints/ appeals, call  for  any reports , summon attendance of  persons and  examination of witness and documents etc. But  the  functioning of  Information Commissioners  are  highly  disgusting and frustrating. Lack of transparency in appointment of Odisha Information Commissioners, appointment of  inefficient ICs  has brough disaster  in the  functioning of the  Commission.  Long delay in hearing of the case, lingering of the cases  by the Commission fixing so many dates, non-imposition of penalty  on erring PIO  has frustrated  the  appellant-citizens  and discouraged  them  to pursue  any case  to get justice from the Commission. From a close study of 9 months of performance of Odisha Information Commission (from August, 2017 to April, 2018) , It was observed that    Smt. Sashi Prava  Bindhani , SIC disposes only 27 cases  per month,  while  Sri L.N.Patnaik ‘s monthly disposal rate is just 56 . The disposal rate of the cases (85) by Sri Sunil Mishra, SCIC is 3 times more than that of Sashi Prava Bindhani.  It is evident that the Information Commissioners   do not have expertise and experience and having lack of interest to   render justice to the citizens. Neither they recommend  for  disciplinary proceedings  against  erring PIOs { section 20(2) } nor award  compensation  to the aggrieved  citizens  under section 19 (8b) of the RTI Act.  As  transparency procedure is not followed by the selection Committee headed  by Chief Minister,  the most inefficient, law-illiterate persons are  getting appointed   in the post of ICs. The State Government  has made  Odisha Information Commission  as political rehabilitation centre.

Prepared  by 

Pradip Pradhan

State Convener, OSAA

M-9937843482

Date-  2.6.18