RTI activists from Mahiti Adhikar Manch have strongly condemned the detention of Raja Muzaffar Bhat, Right to Information (RTI) Activist from Jammu & Kashmir, known personally to many core national RTI users.

Raja Muzaffar Bhat was picked up from his home on August 5, 2019 – the day of the abrogation of Article 370 at 3 AM by the Jammu and Kashmir police without any reasons given for his detention. He was told he would be released in a couple of days, but was only released three months later. He is not a stone thrower or terrorist, or even a terrorist sympathizer. All he did was to use the Right to Information Act to regularly expose misdeeds of the administration.

Detained without reason

When the area Station House Officer (SHO) knocked on the door of Raja Muzaffar Bhat at 3 AM saying he had orders to detain him, Muzaffar told his wife and parents to tell his two kids that he was going on a trek and would be back soon, he said to The Indian Express.

Three months later, he was still on the ‘trek’, in detention at the Sher-e-Kashmir International Convention Centre (SKICC) in Srinagar, from where he was released only on October 28.

Bhat, not only an RTI activist, but also a columnist, an erstwhile politician and a former dental student, gave a detailed account of the convention centre turned sub-jail, where following the government’s decision to revoke Kashmir’s special status, activists and politicians were lodged in a bid to ensure ‘national security’.

After spending four days at the Chadoora police station, Bhat was shifted to the SKICC. “It was packed with lots of young boys who had also been picked up on August 4, and the number of CRPF personnel in that police station was amazing. They kept me and the Budgam district Congress President Mohamed Maqbool in a separate room,” Bhat recalled.

He remembered the terrifying stone-pelting that took place when he and Maqbool were being shifted to the SKICC. “There was so much stone-pelting, we were inside a bulletproof vehicle, but it was still terrifying,” he said.

The day after he was picked up from his place, said Bhat, he was taken to the magistrate for extension of his remand, “The magistrate was very confused as to why I had been detained, but clearly there were orders from the top, and he extended my remand by two days. I have no idea how my remand was extended after that. Magistrates from some districts would come to SKICC to extend the remand of one or two detainees, but not from my area. In most of our cases, no one was taken to the magistrate, nor did any magistrate from our concerned areas come to SKICC,” he said.
 

Together in helplessness

On reaching SKICC he found over two dozen political detainees already present at the venue. “Hakeem Yaseen (ex- PDP minister), Waheed Para (youth president and spokesperson, PDP), Sajad Lone (president, People’s Conference), Imran Raza Ansari (former minister), Ali Mohamed Sagar, Mubarak Gul (ex-MLAs, National Conference)… a couple of days later, Naeem Akhtar (former minister) came, then they brought Shah Faesal (former IAS officer and leader of J&K People’s Movement),” Bhat said.

Bhat and Shah Faesal were both involved in J&K’s RTI movement. J&K got its first RTI Act in 2004, a year before the central legislation and Bhat and Faesal had fought for the amendment of the legislation for it to reflect the provisions of the central Act. As a consequence, the 2009 J&K RTI Act was even stronger than its central counterpart, as it included provisions for time bound disposal of appeals. Faesal later moved to join the Indian Administrative Services (IAS) but later quit to protest against the Union government not taking action against the unabated killings in Kashmir and the lack of a sincere reach out from the government.

Bhat recounted how he saw them for the first time having dinner together in a hall. Prior to that they were served meals in their rooms. Housed on the first and second floors of the SKICC, the detainees were put up two in a room. He was housed with Peoples Democratic Party (PDP) Basheer Ahmed Peer at first, but was later moved in with former PDP minister Mukhtar Ahmed Bandh.

Yet, with all the misery in the atmosphere, Bhat felt sorrier for his fellow prisoners than he did for himself. He said, ““I was the only non-politician in that group. As an RTI activist, I have raised some political and social issues. As a columnist, I wrote a couple of pieces against scrapping Articles 370 and 35-A. But much as I could not understand why I had been detained, I felt more sorry for my fellow prisoners. They were the ones who had raised the Indian flag in Kashmir, risked their lives by being on Delhi’s side, and yet this was their situation.”

He also spoke of a veteran politician, who had told him how he would be in the front row at every Independence Day and Republic Day function in his district. Yet, despite being such a nationalist, he was detained.

They all felt back-stabbed he said, speaking about the government’s arbitrary decision to go ahead with the abrogation without any discussion.
 

In a gilded cage

The SKICC which is run by Air India’s Centaur Hotel, became a virtual cage for Shah and his mates. The newspapers came in irregularly, but when they did, there was no news about the events on the ground because the government had imposed strict media restrictions. There was TV, but that too blocked out most important information. They relied on books given to them by their families who were allowed to visit them once a week.

Path to release

Bhat said that he and some other detainees did think of approaching the court to get it to quash their detention, apply for bail or file a habeas corpus petition. But the treatment meted out to Farooq Abdullah, who was detained under the Public Safety Act, had them scared. If the same was done to them, they wouldn’t be eligible to apply for bail for the next six months.

Even the arrest of Finance Minister P Chidambaram had them question their standing in front of the government.

Bhat was released on October 28 without having to sign off on any conditions, except for presenting himself before a magistrate on November 10.

Bhat said in all these years, he and his wife Fozia had tried not to discuss politics, or the violence and protests in Kashmir, in front of their eight-year-old son and 11-year-old daughter. “We wanted to give them a secure environment. But my detention has changed things. Now, Kashmir’s entire history book has been opened before them by the State. A new generation has learnt about things they never knew,” he said.

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Image Courtesy: Times of India

In a letter Pradeep Pradhan, rights activist and State Convener of Odisha Soochana Adhikar Abhiyan, a forum of RTI activists, has highlighted that RTI activists in Odisha are facing “harassment, institution of false cases against them, threats to family members etc.” The letter says that, “Odisha under Nabin Patnaik regime has witnessed huge corruption, irregularities and loot of crores of rupees from state exchequer by BJD leaders, Govt. officials, contractors etc.” He further highlights that mega scams related to mining, land, Medhabruti, Chhatua etc. have been exposed through filing RTI applications in the state. Further, that due to rampant corruption and irregularities in implementation of development schemes and programmes, allegedly committed by a “criminal nexus of BJD leaders and officials”, RTI remains the last resort for the activists and common people in order that these could be exposed. He says, RTI is mainly being used to get information about procedure followed for allotment of houses under Biju Pucca Yoajana, Indira Awas Yojana (IAY), management of ICDS programme, MDM, sanction and expenditure of funds for different works under MGNREGA etc.
 
In this context, vested groups such as government officials, BJD leaders, on apprehensions of being exposed, allegedly attack and threaten activists to withdraw RTI application and also influence them with monetary benefits.
 
The communication from Mr. Pradeep Pradhan says that recently, Suresh Lenka, an RTI activist from Odisha working in Kushur Gram Panchayat of Balikuda block reportedly faced brutal attack ostensibly because of RTI activism. Suresh is a passionate activist who has filed RTI in different offices in order to fight corruption in government works. While in the process of obtaining information from Kushur Gram Panchayat, Suresh found out that Rs. 1 lakh was allegedly misappropriated by the Sarpanch and Panchayat Executive officer despite the fact that there was no sanction for any project under MGNREGA. Reportedly, he also uncovered huge irregularities in distribution of houses under Biju Pucca Yojana and Indira Awas Yojana. One of his findings was huge amount of misappropriation in the IAY scheme, allegedly without the said construction works (building houses and allocation of money to beneficiaries) having taken place. He, along with fellow villagers filed the complaint to BDO, Balikuda block and also Block grievance cell for investigation into the matter. The letter says that the District Panchayat Officer agreed to conduct inquiry after the villagers insisted.

On May 25, upon hearing about the inquiry, allegedly the vested groups comprising mainly of the “local touts” of Biju Janata Dal, Bhagu Biswal, Satyanand Behera, Kishor Hati, Rabi Swain and others forcibly entered Suresh Lenka’s home at 10 pm. They reportedly beat him up brutally and threatened him not to pursue the matter, and further warned him against using RTI.

The letter says, when Suresh Lenka went to file an FIR at local police station, Balikunda the next day, the police allegedly tried to pressurise Suresh for compromise. Pradeep alleges that this was due to political pressure. However, as Suresh and friends insisted on registering the FIR, the police had to lodge one on May 28 but the investigation remains to be started. In his letter Pradeep also alleges that the local police stations have been highly politicised and are functioning at the behest of BJD leaders, and hence Suresh has little hopes that police will proceed in a justified manner in this case.

In view of the grave threat to Suresh Lenka, the Odisha Adhikar Abhiyan has demanded an immediate arrest of the culprits and asked that Suresh Lenka be protected and empowered to carry on his work in RTI in Balikuda block.

The post Odisha Adhikar Abhiyan demands protection for RTI activist Suresh Lenka’s life appeared first on SabrangIndia.

Social Activists Nikhil Dey, Naurti Bai, Ram Karan, and Chotu Lal are acquitted in the RTI case in Harmara following a conviction of trespass and causing hurt .

Image: Tehelka

The post Acquitted After Conviction: RTI Activists Nikil Dev, Naurti Bai & Others appeared first on SabrangIndia.

Earlier in the day, yesterday, December 10,  the Institute of Chartered Accountant of India (ICAI) had issued a circular refraining its members to not share or mention any negative personal views by way of an article or interview on any platform regarding demonetisation.  Anil Galgali, an RTI activist, who tweeted on the ethics behind the advisory's aim to stop criticism of note ban was also blocked by the ICAI.

As soon as the ICAI's circular was out, Anil Galgali shared the same on his twitter page shaming the move. Galgali was surprised with this kind of authoritative behaviour of the institute. Also, when he shared the circular with his followers, the post went viral and reached the ICAI, who in turn immediately blocked Galgali. A lot of Chartered Accountants also criticised the circular after Galgali's tweet.

Owing to displeasure and criticism from all the sections of the society on the social media platform, the ICAI released it's mistake and immediately removed the circular from its website. Anil Galgali says, "Demonetisation is a very difficult phase of each and everyone. First person to be consulted during such testing times are your family's Chartered Accountant. But before becoming or recognising as Chartered Accountant, the person is a resident of this country and by all means has the right to express himself/ herself.

But the ICAI has tried to take away this right from its members.

"They don't want to listen to any criticism. Probably, some politicians may have objected, as they are advised by their CAs on how to manage stashed illegal funds. Instead of heeding to fair criticism, ICAI resorts to crushing it," an indignant Galgali react. Anil Galgali wondered whether the so-called advisory would still be effective after its erasure from the ICAI site.
 

The post To stop Criticism of Note Ban, ICAI blocked Anil Galgali’s Account appeared first on SabrangIndia.

Bhupendra Vira, who battled illegal constructions, was shot dead in his home last week.

Imaget: D Stalin/Facebook

In the past six years, Bhupendra Vira filed more than 3,000 applications under the Right to Information Act regarding encroachments and illegal construction in his neighbourhood in Kalina, Mumbai. On the night of October 15, the 61-year-old’s activism was brought to an abrupt halt when he was shot dead by an intruder at home.

Two days later, on Monday, the Mumbai Police arrested Razzaq Khan, a former corporator, and his son Amjad Khan for the activist’s murder. The Khans were the biggest targets of Vira’s RTI inquiries. They had allegedly taken hold of the activist’s godown illegally and had also been arrested in 2010 for assaulting his son.

Vira’s murder has not come as a surprise to activists like him who routinely use the transparency law and public interest litigation to take on the land, mining and sand mafias. Since the RTI Act came into force in 2005, citizens who have used it have been vulnerable to threats and attacks from those they have targeted. In the first 10 years of the law, at least 39 activists have been killed across the country and another 275 assaulted.

In 2011, the Whistleblowers Protection Act was introduced, and amended in 2015, but it has been criticised as an ineffective paper tiger. Activists in Mumbai, where real estate irregularities are rampant, claimed they have learnt to live with the death threats, intimidation, false cases and assault.

“Expecting police protection is pointless for many of us,” said Dayanand Stalin, an environment activist with Mumbai-based non-profit Vanashakti. “I have found that the police often end up protecting the offenders rather than the activists.”
 

Saving a mangrove

Harish Pandey did not know Bhupendra Vira, but when he read about the latter’s murder, he could not help but think that it could easily have been him instead.

Pandey’s apartment in Dahisar, Mumbai’s northernmost suburb, is close to a notified mangrove forest. In 2009, when he noticed that nearly 425 acres of the dense forest had been destroyed by bunds, he decided to file an RTI application. Several queries later, he uncovered some dubious dealings. The forest land, originally owned by an old salt manufacturing company, had been handed over to a real estate group, which had obtained questionable approval from city authorities to start building bunds on the land.

“The approval had ostensibly been given for the purpose of cultivating salt, but it came with a rider that the mangroves could not be cut,” said Pandey, a businessman and secretary of the New Link Road Residents’ Forum. “How is that even possible?”

Over the next three years, Pandey and his team at the residents’ group filed numerous complaints with the state’s revenue department to bring the violations on record. The state, in turn, filed police cases against the builder, which Pandey diligently followed in court. As a citizen activist, he had fought illegal construction before, but this time the backlash was intense.

“From 2009 to 2012, I was threatened with dire consequences several times,” he said. “I once got a call from someone who said I would be killed and buried in the mangroves if I did not stop. At one point, the builder’s goons attacked my car. Once, a group of them surrounded my building, came up to my doorstep and threatened my wife and son. My watchman was thrashed. They openly offered me crores to give up the case.”

Pandey went to the police to ask for protection. He said he was called to the police station several times to give his statement, but was never given protection. He feared for his life and that of his family. But he was determined to follow up on his complaints as a matter of integrity, he said. Even when a few members of his team opted out of the fight.

“I had to take some hard decisions," he said. "I sold my car so we could travel untraced, and our movements had to be restricted.”

The real estate group filed a counter case against Pandey and two of his fellow activists, accusing them of attempt to murder and demanding Rs 10 crores in extortion money. “This is the standard modus operandi, implicating activists in false cases,” Pandey said. “In this case, the builder’s allegations were quashed when we moved the High Court.”

Finally, in 2012, Pandey won the fight with a court order to the builder to pay a fine for destroying 425 acres of notified forest land. Since then, Pandey has worked on several other cases of land grab and continues to face threats and bribe offers from affected companies and politicians.

“I am not going to give up, but one precaution I have taken is to make myself debt-free,” said Pandey. “That way, no one can blackmail my family if something happens to me.”
 

Police involvement 

Like Harish Pandey, Dayanand Stalin – a full-time environment activist fighting to protect mangroves, wetlands and forests in Maharashtra – is no stranger to threats, intimidation and false cases.

“When I enter mining sites, my exit routes are often blocked by the mafia, and I have to use my influence with the residents to help me get out,” said Stalin. “At least on three occasions, I have been charged with trespassing on government or private property. But they have never been able to prove these allegations in a court of law.”

Three years ago, Stalin was leading a campaign to block illegal mining in the Western Ghats in Sindhudurg district. “I had already been threatened by the mining mafia multiple times and on one occasion, when I was supposed to address a village meeting, there was an attempt to kill me,” he said.

Stalin was on his way from Goa to Sindhudurg to attend the meeting when he got a call from well-wishers telling him to stay away because an attack on him had been planned. As his car approached the meeting venue, Stalin said he saw what appeared to be a group of protestors standing outside. “When my friend approached the mob, the goons engulfed him but when they realised it was not me, they began to ask specifically for me,” he said. “It was clear that they were not there just to protest.”

Stalin also claimed there was a clear nexus between various land and mining mafia and the police. He said that on several visits to the Kanjurmarg landfill in Mumbai last year to document garbage dumping violations, police vans had met him within 10 minutes of his arrival. “They would tell me I could not enter the site without permission, but they did not target any other civilian going in,” he said. “And how would they even find out I was there? Clearly the contractor at the dumping ground had a lot of influence with the police.”

Despite Vira’s murder and his lack of faith in the police, Stalin said he was committed to his work. “These dangers are an occupational hazard,” he added.

This article was first published on Scroll.in
 

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