RTI ACTIVIST
ABHIMANYU PANDA KILLING IN KANDHAMAL, ODISHA: A BARBERIC CASE OF COLD-BLOODED
MURDER, FAILURE OF CRIMINAL JUSTICE ADMINISTRATION AND STATE’S DENIAL
-A Fact-finding Report-
EXECUTIVE
SUMMARY
Yet the
dreadful retaliation against the messenger of the truth witnessed again in the
early morning of the Human Rights Day, 10th December 2019 with the
killing of Right to Information Activist Abhimanyu Panda at his residence of
Baliguda under Kandamal District of Odisha by questioning the protection and
security of the Whistle Blowers; and
challenging law and order situation of Odisha and country’s anti-corruption
apparatus. It also asks, where is the State? Isn’t Odisha a safe anchorage for
corrupt criminals who enjoys impunity?
Since
inception and practical implementation of the Right to Information (RTI) Act
-2005, Odisha has already witnessed four killings of RTI Activists, including the
present gruesome killing of Abhimanyu Panda, who was being threatened,
discouraged and subjected to torture prior to his killing. Is it his sin for
coming forward and exposing the wrongdoing in public life?
It has
been a growing trend and pattern in Odisha that whistle blowers who have used
the RTI law to expose scams and corruption are identified, coerced, criminally
intimidated and killed. The law enforcement agencies which are meant to keep
law in force are helping the perpetrators of corruption and crimes having
unholy nexus. Non-registration of First Information Report concerning the
matter of whistle-blowers and registration of counter criminal cases by Odisha
police have been challenges and made Odisha a hostile state for the messengers
of truth and transparency.
Odisha’s
RTI action - An introduction
Since day
of implementation of RTI Act, RTI Activists are seen quite vulnerable in
Odisha. The trend of brutal attack on RTI Activists and their family members
rises alarmingly. RTI Activists and RTI users are always seen at loggerheads
with the State administration; corrupt Govt. officials, land mafia, education
mafia, contractors while exposing corruption, irregularities in government run
institutions and programs, malfunction of administration, favoritism and
manipulation in government appointment and public contracts, malpractice in
procurement etc. The RTI expose has not only put the government in trouble
but also has brought to limelight the true character of so-called eminent
people of society uncovering their crimes and real character. Armed with
information obtained through RTI, activists have taken up various issues by
approaching High Courts, Human Rights Commissions, Central Vigilance
Commission, CBI and Tribunals like National Green Tribunal for justice. The
continuous and constant endeavor of Activists, from the fields of human rights,
environment, and to right to information, furthering the fights against the corruption
and maladministration has endangered their life by organized coterie of
powerful politicians, bureaucrats and mafias.
More than 50 RTI Activists have been beaten up severely, harassed,
tortured and charged with fabricated criminal cases and their pity stories have
gone unnoticed. The recent attack on the
RTI Activists in Odisha is not only mere incidents, but it exposes new pattern
of attack with well-organized manner to annihilate RTI Activists and
subsequently make RTI Act dysfunctional in the state.
The
case of RTI Activist Abhimanyu Panda, Baliguda, Kandhamal
Abhimanyu
Panda, aged about 58 years, a native of Bataguda villages, who was residing
until his killing in Baliguda town under Kondhamal district, was one of the
leading RTI Activists of the state. In 2008, he joined as RTI Campaigner, continued
till his death and remained an active member of Odisha Soochana Adhikar Abhijan. He is survived by his wife, a son and
daughter. He had developed his own expertise of working on RTI and successfully
exposed many issues of corruption and irregularities in public assets. In officialdom; and amongst the corrupts, he
- who was recognized as a trouble maker.
Contrary
to the values and the spirit of human rights and democracy, a shadowing news
flash concerning the cold-blooded murder of Abhimanyu Panda not only saddned
the Odisha Soochana Adhikar Abhijjan, but also put many challenges how the
public wrong doing by corrupts be addressed! The news was: RTI activist
Abhimanyu Panda killed at his residence at 7: 30 AM of the 10th Day
of December, 2019. Having learnt the same, Odisha Soochana Adhikar Abhijan, hereinafter referred as OSAA
immediately commissioned a fact-finding team with the purpose of meeting bereaved
family members and be with them, console
them, gather information
about the incident and
factors leading to Abhimanyu’s killing. Accordingly, a five-member team travelled
to Baliguda , 350 kms from Bhubaneswar,
consisting of :
1. Pradip
Pradhan, RTI Activist and convener of OSAA
2. Dr.
Subash Mohapatra, Human Rights Activist and Advocate
3. Sri
Muhammad Ziauddin, RTI Activist
4. Sri
Anjan Rath, RTI Activist
5. Sri
Jitendra Sahu, RTI Activist
Details
of Visit of Fact-finding Team
The team visited his house at Baliguda
and finding absence of family members went to Bataguda, native village, 12 kms
distance from Baliguda to meet family members. The team also visited Baliguda
police station, ITDA-Baliguda, Jagannath Temple and other linked places the
incident thereto.
During interaction with family
members, his wife Chhabirani Panda who is eye-witness of the incident narrated,
“at around 7.30 am early morning, two unknown persons came to their residence and
asked her to meet his husband Abhimanyu Panda. Accordingly, she informed her
husband and engaged herself in her household works. After few minutes she heard
about heated exchange of words of her
husband with the said unknown persons. Suddenly she heard screaming and when
she came out from her home, she saw that said two unknow persons were fleeing
away by a motor bike and her husband is lying on the ground. She called family
members and carried her husband by an auto-rikshaw to Hospital where the doctor
declared, “brought dead” due to firing. On query about
the reasons and life threats, if
any for Abhimanyu, the family member
Santosh Padhi, (brother-in-law of Abhimanyu) appraised the team that
Abhimanyu’s RTI expose about mega scams
in Sarangagada +3 College, road
construction work in Baliguda
under Executive Engineer, Road and Building -Phulbani(Kandamal),
PDS Scam in different blocks of
Kandhamal District, huge irregularities
in management of Jagannath
temple, threats received by him from
contractors, liquor mafia and few political
people of ruling party. Getting
clue from statement of family members about his RTI work, the team returned back
to his house at Baliguda and inspected details of files containing series of
RTI applications submitted to different authorities and complaints filed by him. The Team members discovered from files and
available documents at his resident that his constant fight against corruption
in various development work, filling series of RTI Applications and complaints
to different authorities seeking inquiry into the matters thereto may be the
reasons for his killing as it reveals many mega scams.
Few important cases are as follows
which may be reasons and motief, as the team feels, behind murder of RTI activist Abhimanyu Panda.
(A)
Mega corruption in construction work of Hostel in Kandhamal
Mahavidyalaya, Sarangagada college
In 2013-14, PA, ITDA (Integrated
Tribal development Agency), Baliguda sanctioned Rs. 3 crores for construction
of 200 seated ST Girls Hostel building at Kandhamal Mahavidyalaya, Sarangagada
under K. Nuagaon Block. Sri Ashok Kumar Panda, contractor and nephew of Krushna
Mohan Panigrahi, leader of Biju Janata Dal , Ruling party ( this information was provided by
Ajit Panda, younger brother of slain Abhimanyu Panda ) was
handed over the work on dated
7.5.2015 vide agreement No. 7/2015. Though four year passed, neither the Contractor
completed the work nor
handed over the building to
the College. On 14.10.19., Sri Abhimanyu Panda filed
complaint to Secretary, Department of SC and ST Welfare alleging huge
corruption and irregularities and misappropriation of fund and long delay in
construction of hostel by Contractor Ashok Panda and problems faced by tribal
students. On 18.10.19., he had filed RTI
Application to the PIO, office of ITDA,
Baliguda seeking details of information about project
sanctioned, materials used, bill and
vouchures against payments etc. From RTI Reply dt. 22.10.19., he found that Rs. 2,22,29,931.00 has been paid to the
executant contractor who has sought another extension for completion of work . But
details of payment and bill and vouchures were not provided on the ground of
non-availability. On 18.10.19, the PIO wrote a letter addressed to Ashok Kumar Panda, contractor
to provide details of information to be supplied to applicant. But the Contractor did not supply any
information. After completion of 30 days,
Abhimanyu filed first appeal dt. 19.11.19 seeking direction from First Appellate
authority to provide information. Sri
Abhimayu has alleged of misappropriation
of Rs. 70 lakh by the Contractor. As reported by Santosh
Kumar Padhi, brother-in-law of Abhimanyu, Krushna Mohan Panigrahi, BJD leader
had come to meet Abhimanyu at his residence and exerting pressure on him by
engaging mediators, including an uncle of Abhimanyu to withdraw RTI and
complaints. Abhimanyu has not bowed down before their pressure but
pursued the matter at highest level.
(B) Mobilization against
proposal for granting license to open IMFL Restaurant “ON” Shop at Kamapada
under Ward No.1 of Baliguda NAC.
In 2017-18, the District Excise office, Phulbani had issued notification No. 1470 dt. 6.10.2017
for issuing license to open IMFL liquor shop without inviting public
objections. Abhimanyu was involved
in anti-liquor movement in the
area and had opposed proposal
of the District administration to issue license open
IMFL Restaurant “ON” Shop at Kamapada under Ward No.1 of Baliguda NAC. He was behind filling the case in High
Court , Odisha W.P. ( C) No.
9139/2018 ( Snehalata Mallik vs- State and others) in 2018 and got interim stay order with direction to the Collector, Kandhamal to hear the matter and follow procedure after hearing it. Abhimanyu
had also mobilized
public petitions against liquor shop
and filed series
of RTI Applications to the District Excise office , Phulbani for
monitoring of the
Govt. decision. License was held up by the District administration.
( C ) Allegation of
misappropriation and illegality in road construction work by Agency named
Anusha Projects (P) Ltd., Hyderabad
under State Highway Development
Projects
Abhimanyu had
exposed huge corruption, irregularities road construction
work by Agency named Anusha Projects (P)
Ltd., Hyderabad under State Highway Development Projects and made
complaints to Executive Engineer,
R& B, Phulbani, Collector , Kondhamal , Engineer-in-Chief, Building, Nirman
Bhawan, secretary, Department of
Works seeking inquiry into it. He had
also filed a complaint case NO. 52/2013 in which High Court had ordered to
approach appropriate authority for
necessary relief. Then, he filed complaints the abovementioned offices for
inquiry and filed series of RTI
applications to monitor and
to know the status of his
complaints. His fight against
this mega corruption
may be another factor
behind his murder.
(D ) Reform in management
Committee of Jagannath
Temple, Baliguda
During interaction with family
members, the family members had appraised his enmity and bitter relation with
members of former Management Committee
of Jagannath temple. Madhusudan Das,
Managing Trustee had presented details of their struggle to save property of
Jagannath temple from clutches of unscrupulous members of Management Committee.
Both Madhusudan Das and Abhimanyu had
worked together filling four writ petitions in Odisha High Court and petitions
in Endowment Commission, Odisha against the then Management Committee following which the Endowment Commissioner reconstituted
managing body on 26.7.16 with Madhusudan
Das as Managing Trustee and Abhimanyu
as Trustee member by ousting president
and secretary Shyam Sundar Patra. Abhimanyu was instrumental and had played crucial
role in obtaining eviction order
from the court for ousting shop owners
who were not giving monthly rent
for years together but enjoying it illegally. He was also instrumental
in issuing notice for open auction of 33 shops of temple and ousted many tenants
from ownership of shops at Jagannath Temple. He also
succeeded obtaining another order from Odisha High Court on 28.9.19 to evict
Shyam sundar Patra , former secretary of the temple management from shop
who was forcibly and illegally occupying it for
years together without paying a single pie against the
rent. Abhimanyu had series enmity with
these shop owners and had received life
threats from them.
( E) Filling of around
50 complaints on corruption of PDS rice.
On 6th and 7th
Dec., 19, Abhimanyu had filed more than 50 RTI Applications to
Panchayat Samiti of K. Nuagaon, Phulbani, G. Udayagiri and Daringbadi and few
Gram Panchayats seeking information
about details of allotment and
distribution of rice to the
beneficiaries ( year-wise), beneficiaries
dropped from this scheme in each Gram Panchayat and their names etc.
It was made to find out huge corruption in distribution of rice by gram Panchayat and dealers
in the panchayats which has disturbed many dealers, Civil supply officers and
sarapanchs in the area, as reported by
family members and reflected in
FIR.
Afterward of incidents
After
death of Abhimanyu as declared by Doctor due to firing, Nirmal Kumar Sahu, a
distant relative, filed complaint in Baliguda police station which registered
as FIR with Case No. 188/19 dt. 10.12.19
.
Findings and Recommendations
1. Though
3 days have passed, the police have not been able to arrest the accused and engaged
in buying time in name of inquiry. The incident took place just 30 meters away
from Baliguda police station. Investigation in the present form and manner is
being conducted is unacceptable.
2. It is
substantially learnt and the team members of fact-finding realized that
Abhimanyu’s killing is organized; and the plot is conspired to finish him with
ulterior motif to grab the public properties and assets by illegal means at
ITDA-Kandhamal, PDS, liquor, and
properties of Jagannath Temple at Baliguda, and this conspiracy made of with corrupt
officers, political touts of
the ruling party and tainted trustees of the said Jagannath Temple; and this is
a crystal clear case of supari killing with aid of the conspirators.
3. It is
further substantially found the Baliguda Police badly failed for conducting proper
and impartial investigation as they are parties to this larger conspiracy against
Abhimanyu Panda and his killing. It is impossible a through and impartial
investigation by present IIC Barik and his team. To prevent further malpractice
and evidence tampering during investigation, IIC Barik is required to be
suspended along with his team.
4. We
strongly demand that the said gruesome
killing of RTI Activist Abhimanyu Panda must be investigated by a Special
Investigative Team of good police officers taking into account the content of FIR,
above-mentioned factors and the people involved in it. All culprits and conspirators must be arrested
and put behind bar within time limit.
5. We also
demand strongly that the Government of Odisha must provide 25 Lakh as an
interim financial relief to the next kin(s) of the deceased.
6. We
urge state Govt. to issue direction to all police stations and SPs to
ensure protection to RTI Activists fighting against corruption and act
promptly on FIR filed by RTI Activists with priority to
investigate into the allegation.
FACT-FINDING REPORT: BY ODISHA SOOCHANA
ADHIKAR ABHIJAN
Team
Members
Dr.
Subas Mohapatra Pradip
Pradhan M.
Ziauddin
Human
Rights Activist RTI
Activist RTI
Activist
M-
8249577466 M-9937843482 M-6372781661
Jitendra
Sahu Anjan
Rath
M-9861431109 M-7008351213
