Aires Rodrigues | 9 Feb 07:14 2016


A complaint has today been filed against Goa’s Chief Information Commissioner Prashant Prabhu Tendolkar for illegally and blatantly using a red beacon on his official vehicle GA-07-G-5555 in clear defiance of law and amounting to a gross contempt of the Supreme Court’s order.
In the complaint jointly addressed to the Chief Secretary, Director General of Police and the Director of Transport it has been pointed out that the Supreme Court has flagged the red card over the blatant misuse of the red beacon.
It has been further pointed out that in accordance with the Supreme Court order the Goa Government by a notification issued on 3rd July 2014 notified the list of persons entitled to use the red beacon on their official vehicle and that as per that notification only allowed to use the red beacon are the Governor, Chief Minister and Ministers, Speaker, Deputy Speaker, Chief Justice and Judges of the High Court, Leader of Opposition, Advocate General and the Chief Secretary.
Prashant Tendolkar in clear defiance of law and in gross contempt of the Supreme Court’s order is illegally using the red beacon. The law enforcement officers though fully aware of this blatant violation have failed to take action against Prashant Tendolkar just because he is politically well connected.
The rule of law must prevail and Prashant Tendolkar cannot be high-handedly using a perk and privilege that he is not entitled to. Immediate action must be taken to seize the red beacon and prosecute Prashant Tendolkar for an offence under the Motor Vehicles Act. Failure to take action would also amount to contempt of the Supreme Court’s order.

Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012




You can also reach me on AiresRodrigues

Twitter <at> rodrigues_aires

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Ghulam kundanam | 8 Feb 18:03 2016

[IAC#RG] भाजपा की बेटी

भाजपा की बेटी

कांग्रेस के दामाद से
कम नहीं भाजपा की बेटी,
इनके सामने जाँच एजेंसियाँ
चारो खानें चीत लेटी।

इनको अगर हो जाए
किसी भी चीज की दरकार,
तो इनके लिए कानून भी
बदल देती सरकार।

सत्ता में काबिज़ इनके
परिवार और रिश्तेदार,
इन्हीं के थानेदार भी
और इन्हीं के चौकीदार।

जनता की जमीन लूटते
जनता का नाम लेकर,
स्वागत करते झोपड़ीवाले
पहने बनियान - नेकर ।

कब तक लूटे जाएँगे हम,
करो 'भगत' का सपना साकार,
जागो मेरे देश के वीरों,
'ग़ुलाम कुन्दनम' करे पुकार।

Õm - Õnkār - Allāh .God…..
ॐ.ੴ.الله .† …….
Jai Hind! Jai Jagat (Universe)!

- ग़ुलाम कुन्दनम्

FB Link : -

नोंट :- चित्र और समाचार इंटरनेट से
साभार ।




5 January, 2016

Gujarat CM Anandiben Patel's daughter's business partners gifted prime land

Land worth hundreds of crores given at throw away price

AAP demands SIT probe, CM's resignation

AAP to move court if demands not met in a week

Aam Aadmi Party today demanded resignation of Gujarat Chief Minister
Anandiben Patel and setting up of an SIT probe into allotment of 250
acres of public land to business partners of her daughter Anar Patel
at throw away price. The land was allotted when Narendra Modi was
Chief Minister of Gujarat and Anandiben Patel was Revenue Minister.
Revenue department was the land allotment agency. The land was
allotted for setting up a resort, which was never set up. Land use of
the land was also changed. Records show several transactions between
companies owned by the promoters of the land owning company and Anar
Patel's companies.

Addressing a press conference today, Senior Aam Aadmi Party leader
Ashish Khetan said,"It's a clear case of loot of public land by the
Gujarat Chief Minister Anandiben Patel. We demand resignation of
Anandiben Patel and setting up of an SIT to probe the case. If these
demands are not met in seven days, the Aam Aaddmi Party will move the

Giving details of the case, Khetan said Anandiben Patel's revenue
ministry allotted 250 acres of land to a company called Wildwoods
Resorts and Realities Pvt. Ltd. at  a rate of Rs 15 per square metre.
Market rate of agriculture land of this measurement in the area was
125 crore rupees, which was given to this company for less than 2
crore rupees. Land use of the land was later changed, which further
hiked the price of the land by five times. It was a clear cut give
away of the prime land near Gir lion sanctuary to the business
partners of Anandiben Patel's daughter's business partners."

"Documents show that no non-forest activity was permitted on the land
allotted as it fell within 2 km radius from forest border, but the
government revised the policy and shrunk the prohibitory radius to 1.5
km to benefit the company. The allottee company Wildwoods Resorts and
Realities Private Limited was owned by Dubai based Jewellery
businessman Sanjay Kumar Dhanak and his father Varjulal Dhanak. Sanjay
had no experience of setting up resorts and hotels. He used to
organize exhibitions for Anar Patel in Dubai. After the land was
allotted, Dhanaks sold off their company to Anil Infraplus Limited and
Parshwa Texchem (India) Private Limited. This company is controlled by
Dakshesh Shah and Shripal Sheth." said Ashish Khetan showing Registrar
of Companies documents and added,"Documents show that Dakshesh Shah
and Anar Patel are business partners in a company called Innovative
Infraplus India Limited. They are also partners in another company
called Aahna Solar Private Limited. In Aahna Solar Private Limited 33
per cent shares are held by Anil Infraplus Limited, which also
partially owns land owning company Wildwoods Resorts and Realities
Private Limited. That clearly shows how Anar Patel is connected with
people and companies holding the ownership of the land."

Ashish Khetan said,"What completes the circle and establishes
quid-pro-quo is a series of transactions between companies and people
owning the land in question and Anar Patel as well as companies owned
by her. These transactions are in crores and have been reported by The
Economic Times in today's edition. We want to know if the Gujarat
Government had a policy in place for such allotments or it was a case
of benefiting the chosen few. We also want to know why land allotment
was not cancelled after the allottees failed to set up a resort on the
land. We demand that Anandiben Patel should immediately resign and the
scam is thoroughly probed by an SIT. We will wait for seven days and
if the demands are not met, we will move the court."

न्यूज लिंक : -


NEW DELHI: Business associates of Anar Jayesh Patel, 45, daughter of
Gujarat Chief Minister Anandiben Patel, own a company that's sitting
on 400 acres of land near the Gir lion sanctuary in the state —and 250
acres of that land was given to that company at an official rate of Rs
15 per square metre.

 Anar Patel describes herself as a social worker and an entrepreneur.
Filings with the Registrar of Companies (RoC), accessed by ET, show a
number of transactions between her and her business partners that
started when the Gujarat government allotted 250 acres of public land
in 2010-11 to Wildwoods Resorts and Realties.

 Wildwoods' current promoters, Dakshesh Shah and Amol Shripal Sheth,
are business partners of Anar Patel. ET sent questions to all
involved, the CM, her daughter, Anar's business partners and Gujarat
revenue secretary. There was no response from the Gujarat government.

Anar Patel, Shah and Sheth responded to ET and insisted all
transactions were above board. ET also spoke to Sanjay Dhanak, the
original promoter of Wildwoods. The land is in Gujarat's Amreli
district, next to the lion sanctuary at Gir, and therefore an
attractive commercial proposition.

Wildwoods also received government nod to purchase a further 172 acres
of agricultural land, as well as approval to change land use from
agricultural to non-agricultural.

Anandiben Patel was the Gujarat revenue minister at that time. The
revenue department is the nodal authority for such land allotments.

 Anandiben retains the revenue portfolio as chief minister. Her office
did not respond to ET's questions. Her office and that of the state
revenue secretary did not respond to the question whether allotting
such large land parcels to for-profit private enterprises was common
official policy, especially when beneficiaries did not have a track
record of setting up largescale facilities.

The original promoter of Wildwoods said plans to build a tourist
resort on that land didn't work out. Current promoters insisted there
were no proscriptions against building resorts in the area and that
all regulatory clearances were obtained. No resort has been built so


Wildwoods is owned by Parshva Texchem and Anil Infraplus Ltd. When the
land allotment orders were issued in 2010, Wildwoods was owned by
Dubai-based businessman Sanjay Dhanak. Shah and Sheth took control of
the company in 2011-12.

 Dhanak told ET that Wildwoods had applied for the land and had
planned to build a tourist resort. Parshva and Anil Infraplus are
co-investors in firms where Anar Patel has a substantial stake. ET's
review of documents filed with the Registrar of Companies shows a host
of transactions between companies that received the government's land
allotment as well as other companies run by Shah and Sheth and
companies where Anar Patel has significant equity presence.
Dhanak told ET he could not remember how much was paid for the 422
acres of land. Dakshesh Shah, too, did not elaborate on the issue. He
also told ET he was not aware how much Wildwoods had paid for the 422
acres since he bought into the firm in 2011 and was "not aware of
previous transactions".

 Dhanak, however, told ET that Shah was his partner at the time of
allotment and that "he has all the books that detail all the
transactions including how much was paid to change land use".

Dhanak told ET that after the allotment he changed his mind about
setting up a tourist resort and wanted to cash out. "Jama nahi(My
plans did not work out). Shah did not want me to sell my stake in the
market and insisted I transfer it to him," he said. Dhanak said he has
never been in the business of setting up resorts and only has a
jewellery business in Dubai.
In an emailed response to ET, Dakshesh Shah said Wildwoods promoters
weren't aware of any official advisory against building resorts in
that area. He also said: "The original promoter had acquired all
permissions from the respective regulatory bodies relating to land
development. After acquisition of stake, no further
permissions/relaxations have been given."

 Shah also said he was not aware how much Wildwoods had originally
paid the government for the land or the amount spent as land
conversion charges. A spokesperson for Amol Sheth also did not
disclose the amount Wildwoods paid. Neither did he disclose how much
current promoters paid to the original promoter of Wildwoods.


Dakshesh Shah is Anar Patel's business partner with a 50% stake in
Patel's company, Anar Project. Besides, Shah's firm Parshva Texchem,
which co-owns Wildwoods, is also a substantial shareholder in Anar
Patel's Relish Pharmaceuticals. Shah and Anar Patel are also directors
in Anar Project, Relish Pharma and 24x7 Fitness.

 "Mr Dakshesh R Shah is one of my business partners. Mr Shah and me
are joint promoters in Relish Pharma and he has invested in Relish
Pharma from Parshva Texchem & Ms Renuka is investor in Relish Pharma,"
Anar Patel said in an email response to ET.

 Shah told ET that Anar Patel is his business partner. He did not
elaborate on the details of their dealings. "I am a businessman and I
do invest in prospective projects when I find the opportunity," he
said. Shah also said Wildwoods has had no financial dealings with any
firm associated with Anar Patel. However, RoC filings tell a different

 1. Anar Project filings show a "payable" of Rs 10 lakh to Wildwoods.

2. Innovative Infraplus, majority owned by Shah, advanced a Rs
2.95-crore loan to Anar Project and Rs 20 lakh to Anar Patel herself.

3. Innovative Infraplus, where Anar Project has a substantial stake,
received an "advance" of Rs 8.73 crore from Amol Sheth's Anil Ltd as
well as Rs 11.015 crore from Anil Mega Food Park.

4. Innovative also lists Anil Infraplus and Anil Technoplus among its
creditors to whom it owes Rs 2.6 crore and Rs 15 crore, respectively.

5. Anar Project had advanced Rs 9 crore to Anil Technoplus. Sheth says
the money was an "advance" against "material supplied subsequently".

6. Innovative has also loaned money to 24x7 Fitness and Aahna Solar,
firms in which Anar Patel is a substantial investor.

7. Proper Dealcom, in which Shah's firm Parshva has a stake, had
loaned Rs 9 crore to Relish Pharma in 2011-12.

8.Parshva Texchem also loaned Rs 2.30 lakh to Gramshree-Women
Empowerment, a Section 25 company promoted by Gujarat CM Anandiben
Patel and Anar Patel.

9. Innovative has also given a Rs 15-lakh advance to Gramshree, which
it lists as a creditor. Amol Sheth did not comment on his business
dealings with Anar Patel. According to filings made with RoC, Sheth
and Anar were directors briefly in Aahna Solar. The shareholding
pattern of Aahna shows Patel, Shah and Anil Infraplus, which co-owns
Wildwoods, are equal partners. In its filings, Aahna Solar states its
only business is solar power generation. However, its balance sheets
show that its revenues are from a restaurant and food business.
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Sarbajit Roy | 9 Feb 19:35 2016

Re: [IAC#RG] Swaraj Abhiyan exposed as Congress proxy


1) We are non-political persons (and being non-political is a key part
of our "ideology"),

2) As genuine (apolitical) anti-corruption experts - with track
records, "we" reserve the right to caution the public at large about
fake anti-corruption experts who are political 'joomlas' and/or
foreign financed 'haramis'.

3) FYI, this thread originated on and is running on India Against
Corruption's mailing list, and IAC list members have a charter,
manifesto and common direction. If Rakesh is circulating these emails
outside the IAC list the possibility of any productive discussion
diminshes, as you have correctly observed.

4) BTW: There were 'n'  number of silent, unsung, patriots who did not
compromise pre-1947. AFAIK, most of them were as equally opposed to
political participation then as IAC is today.

5) We also cannot dismiss the foreign financing issue as lightly as
Rakesh would have us do.
The CIA / Ford Foundation etc, has infiltrated all levels of AAP/SA to
the extent that, say, CSDS where Prashant Bhushan is a Governing
Trustee and Yogendra Yadav is a tenured Professor, is heavily Ford
(ie.CIA) financed and agenda based.

“Expanding community rights over natural resources” (this agenda
figured prominently in the first policy meeting of the AAP held in the
house of Shalini Gupta, Prashant Bhushan’s sister, in Noida in between
January 11-13, 2013. Yogendra Yadav, Anand Kumar and invitees Prof
Arun Kumar and Aseem Shrivastava stressed the need to switch socialism
from bureaucratic control to community ownership)"

Therefore as an independent non-financed people's movement we cannot
blindly trust anybody who is tainted by accepting funds with string
attached, and especially not with foreign / corporate / political
strings attached -and merely because they are "good persons" - in this
context, IAC will not repeat mistakes of the past.

India Against Corruption

On 2/9/16, Prabodh Raj Chandol <pedpanchayat@...> wrote:
> I have participated in this dialogue because I thought that it would a
> healthy discussion. But persons like sarbjit seems to be influenced by an
> ideology or a political group. If it is so, than this discussion will
> become a debate and everyone will speak about his own political group,
> without trying to understand the feelings of others.
> Prabodh
> On Tue, Feb 9, 2016 at 10:57 AM, Rakesh Manchanda <
> rakeshmanchanda65@...> wrote:
>> Dear Sarabjit Roy,
>> Thanks for sharing your clear vision and preference.
>> If your text is taken seriously then history of pre-independent India is
>> full of compromising with truck load of evidences of compromises.
>> Today same compromised DNA who supported British Raj is ruling modern
>> India today.
>> Still people will risk for a better process and seek clear evidences
>> against possible leaders and changemakers.
>> Still the weak taxpayers are hungry for a change and want to remain
>> united.See file image enclosed.
>> On Sun, Feb 7, 2016 at 9:29 AM, Sarbajit Roy <sroy.mb@...> wrote:
>>> Dear Rakesh
>>> In my experience the persons are more important than the process.
>>> Our views on those persons are consistent and in public domain. If SA
>>> chooses to associate with them, it is because discredited and rootless
>>> persons like Yogendra Yadav are finding nobody else.
>>> It is absolutely inconceivable that professional parasites like Aruna
>>> Roy et al are any kind of anti-corruption experts. The recent episode
>>> where they got CIC Vijai Sharma to invite them (and only them) to the
>>> CIC 10th RTI Convention so they could call for PM's speech to be
>>> boycotted completely exposes them as Congress agents.
>>> It is very clear that fronts like so-called Swaraj Abhiyan are devices
>>> to collective the disaffected for some Congress/AAP controlled
>>> Maha-Gatbandhan in the future. I rather suspect that Yogendra Yadav
>>> would go crawling back to AAP if invited and given some token post.
>>> Sarbajit
>>> On 2/7/16, Rakesh Manchanda <rakeshmanchanda65@...> wrote:
>>> > It will be more sad for us if Corruption as *process* is not
>>> > challenged
>>> > collectively by all.
>>> >
>>> > Sh.Sarajeet roy your alert focus is more is on *persons and not on the
>>> > process.*
>>> >
>>> > I agree your team should have invited during the finalisation of
>>> speakers
>>> > in this new group-Anti Corruption Team-ACT.
>>> >
>>> > Yesterday few of us as independent birds attended the ACT preparation
>>> meet
>>> > and it was cleared Swaraj Abhiyan is only one of several stakeholder
>>> > groups.
>>> >
>>> > By the way this funda of Funds source alert controlling the agenda as
>>> > highlighted by you is stale.
>>> >
>>> > This alert is unknowingly used again and again wherein the modern
>>> > logic
>>> > remains that 90% taxpayers who pay taxes need to get their funds and
>>> > services back from the 10% corrupt lobbies.
>>> >
>>> > Allow me to share a recent article via link in this direction....
>>> >
>>> > Tolerance Vs Intolerance -Global Game controlled by 1%?
>>> >
>>> >
>>> > Warm Regards,
>>> >
>>> > Rakesh Manchanda
>>> Post: "indiaresists@..."
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>>> Quit: ""
>>> Help:
>>> WWW :
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Sarbajit Roy | 4 Feb 19:43 2016

[IAC#RG] Swaraj Abhiyan exposed as Congress proxy

It is really sad to see these stale jokers like Yogendra Yadav and
Prashant Bhushan having to scrape the bottom of the barrel by touting
completely discredited foreign financed lightweights like Aruna Roy,
Nikhil Dey, Anjali Bhardwaj as "anti-corruption experts" and star
attractions at Swaraj Abhiyan's anti-corruption meet scheduled for
27-28 Feb 2016.

All these Ford Foundation / CIA backed scamps seem to be aligning to
promote RaGa as the next Mr.Clean (like his father pre-Bofors). The
only people who will benefit from this kind of Swaraj Abhiyan
nonsense, politically, is AAP.

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truevalue_pandian | 30 Jan 15:02 2016

Re: [IAC#RG] LODHA Committee report on cricket

How can legalising prevent fixing? Imagine this move destroying the morality of the society and ruin the finances of the gullible. Don't even think of it. Regards

Rina Mukherji <rina.mukherji <at>> wrote:

Government line or not, legalising betting will prevent the murkiness that has crept in to our sports. And pray, what is wrong with that, when you can have government lotteries, lifting of prohibition and the like.  Remember, we have government -run liquor shops too.

The latter have prevented deaths from drinking illicit liquor!

Dr Rina Mukherji


On Tue, Jan 5, 2016 at 5:55 AM, Prakash Katoch <prakashkatoch7 <at>> wrote:
Very simple - Lodha always toed the government line. This joker presided over the Gen VK Singh case !

On Mon, Jan 4, 2016 at 8:45 PM, Sarbajit Roy <sroy.mb <at>> wrote:
After reading the Lodha Committee report on Indian cricket my initial comments :-

1) How was this person (Justice (retd) RM Lodha)) ever elevated to SC, going on to become CJI ?

2) It seems there is more "fixing" in these kind of retired judges reports than in the BCCI. {Cure being worse than the disease)

3) Saying that betting must be legalised is like saying sale of narcotics should also be legalised. Very conveniently Justice (?) Lodha recommends that this legalised betting industry should be regulated by retired High Court judges.[Presumably one mafia will smoothly replace another]

IAC wonders what is more dangerous for the nation, puffed up retired interfering duffers like Ajit Doval who bungle our security to score brownie points or such retired judges ?


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Seema Mustafa | 1 Feb 10:15 2016
truevalue_pandian | 27 Jan 05:55 2016

Re: [IAC#RG] GoI's 'Safar' data exposes AAP's #ODD-EVEN flop show

Legal wrangles, as we all know, can never SOLVE a problem. It can only postpone a decision, sometimes 
indefinitely. The solution lies in everyone tuning their engines consenciously, CNG buses and LPG
autos. Educate your Sardarji mechanics on environment and vehicle exhaust pollution. They will
understand better, faster than us.

Sarbajit Roy <sroy.mb <at>> wrote:

>To better assist you, I reproduce the section (115 MVA)
>"115. Power to restrict the use of vehicles.—The State Government or
>any authority authorised in this behalf by the State Government, if
>satisfied that it is necessary in the interest of public safety or
>convenience, or because of the nature of any road or bridge, may by
>notification in the Official Gazette, prohibit or restrict, subject to
>such exceptions and conditions as may be specified in the
>notification, the driving of motor vehicles or of any specified class
>or description of motor vehicles or the use of trailers either
>generally in a specified area or on a specified road and when any such
>prohibition or restriction is imposed, shall cause appropriate traffic
>signs to be placed or erected under section 116 at suitable places:
>Provided that where any prohibition or restriction under this section
>is to remain in force for not more than one month, notification
>thereof in the Official Gazette shall not be necessary, but such local
>publicity as the circumstances may permit, shall be given of such
>prohibition or restriction."
>The ODD-EVEN notification restricts/prohibits "plying"of vehicles
>based on their last digit
>The dictionary definitions of "plying" in context of vehicles is
>"(literary or Indian English) (of ships, buses, etc.) to travel
>regularly along a particular route or between two particular places +
>adv./prep. Ferries ply across a narrow strait to the island. The train
>plies twice a day between Paris and Madrid. Buses ply regularly to and
>from these places."
>"ply verb (TRAVEL)
>› [I + adv/prep, T] old-fashioned When a ​boat, ​train, ​bus, etc.
>plies a ​particular ​route, it makes that ​journey ​regularly:
>High-speed ​trains ​regularly ply between Paris and Lyons. This
>​airline has been plying the ​transatlantic ​route for many ​years."
>Miram Webster
>"to go or travel regularly,
>a :  to make a practice of rowing or sailing over or on <the boat
>plies the river>
>b :  to go or travel regularly over, on, or through <jets plying the skies>"
>This notification, does not,  to my own mind, restrict occasional
>driving of private personal vehicles.
>This notification was MALAFIDELY issued at last moment (28th evening)
>so that this aspect was not clarified.
>The views of all our list advocates is solicited to clarify this point
>and provide the law citations
>On 1/10/16, Shanti Bhushan <shantibhush <at>> wrote:
>> In the context plying clearly would mean driving whether by the owner
>> himself or by an engaged driver.
>> Sent from my iPad
>>> On 10-Jan-2016, at 11:07 am, Sarbajit Roy <sroy.mb <at>> wrote:
>>> Dear Sureshan
>>> As a SC advocate, could you clarify my tiny legal doubt on ODD-EVEN
>>> scheme.
>>> The ODD-EVEN notification only prohibits/restricts the "plying" of
>>> vehicles,whereas the concerned section 115 of .Motor Vehicle Act
>>> empowers prohibition of "driving" of vehicles.
>>> Surely the lawyers like you are not restricted by this notification
>>> from "driving" your vehicles on all days to attend court.
>>> Perhaps some seniors like Shanti Bhushanji can examine it since the
>>> dictionary definition of "plying" means to do so "regularly ...
>>> usually for commercial purposes".
>>> It seems to me that Kejriwal has played yet another FRAUD on people of
>>> Delhi
>>> Sarbajit
>>>> On 1/9/16, SURESHAN P <sureshandelhi <at>> wrote:
>>>> Dear All ,
>>>> If any body has tried to board Metro train during peak hours then they
>>>> will
>>>> realize the exact problem. Delhi public are suffering and cursing
>>>> Kejriwal
>>>> and his company. Public will not violate  rule as they don't want to pay
>>>> hefty fine. This is nothing new in Delhi  as general Public avoid
>>>> spiting
>>>> in Metro stations on account of strict monitoring. People is not going
>>>> to
>>>> violate any law if strict punishment is provided. If Kejriwal Ban all
>>>> male
>>>> from getting out of their home by insisting hefty fine against
>>>> violations
>>>> with strict monitoring none will come out.If medias and court has shown
>>>> blind eye on such bans whole world will think that every thing is fine.
>>>> In fact  an undeclared  emergency is going on in Delhi by curtailing the
>>>> fundamental rights of large number of citizens. Kejriwal is a  New Born
>>>> Hitler ( don't be surprised He will become a Hitler and rule this
>>>> country
>>>> in future, any doubt then refer life history of Hitler  ) see How
>>>> Kejriwal
>>>> shut the mouth of  all institutions by lies and false hood , and how he
>>>> destroyed all individual rights by highlighting common good.
>>>> Suffering individuals in Delhi is outnumbered in this case because
>>>> majority
>>>> of people are already  using public conve
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Pradip Pradhan | 20 Oct 18:24 2015

[HumJanenge] Though delayed, after protracted battle with corrupt Odisha bureaucracy and inefficient, lethargic and law-ignorant Odisha Information Commission, RTI Activists achieved outstanding victory in ensuring justice to BPL people and downtrodden masses

Though delayed, after protracted  battle with corrupt Odisha bureaucracy  and inefficient, lethargic and law-ignorant Odisha  Information Commission, RTI Activists achieved outstanding   victory in ensuring justice to BPL people and downtrodden masses

·           Tall claim of Nabin Patnaik Govt as Champion of poor is proved false and sheer deception.

·           Though  the BPL people  are  entitled  to get  information free of cost under  section 7 (5)  of the RTI Act, the State Government  continues  to deny  the information free of cost  since last 10 years.

·           Decade-long Rally, Dharana, demonstration of the RTI Activists demanding to enforce section 7(5) of the RTI Act did not yield any result. The corrupt bureaucracy remained adamant to do all illegality to harass BPL people by depriving them of their legitimate right to get the information free of cost.

·           Astonishingly, Odisha Information  Commission ( represented by  Sri D.N. Padhi, former Odisha Chief Information Commissioner, Sri Jagadanand, former  State Information Commissioner, Prof. Radhamohan, Former Information Commissioner, Sri Tarun Kanti Mishra, former Chief Information Commissioner ) whose mandate is to protect law  was found establishing  unholy alliance with corrupt bureaucracy  and behaved as dreaded  criminals to subvert  RTI   and giving illegal  direction  to  the   PIOs  to collect fees for information from the BPL people and deprived  crores of BPL people of their legitimate right.  The illegal direction of the Commission was challenged by RTI Activists in High Court.

·           Exploring ways and means in order to provide justice to the BPL-RTI-Applicants, RTI Activists knocked at the door of Judiciary not once but twice seeking direction to State Government to comply section 7(5) of the RTI Act.

·           In June, 2015, The Hon’ble Odisha High Court finally gave the direction to State Govt.  to issue  Gazette notification to provide information to the BPL people free of cost.

·           At last, the State Govt.  was forced  to issue  Notification  to  provide  information the BPL people free of cost.

·           Now, the BPL-RTI-Applicants are entitled to get the information amounting thousands of rupees free of cost.

·           We the RTI Activists   will remain alert not only enforcing and monitoring it but exposing anti-RTI character of Odisha Govt.  and Odisha Information Commission in the days to come.      

Dear friends

 Right to Information Act  which came into force  on 12th October, 2005  has  mandate  to enforce a transparent  and accountable  governance system in the  country  and  giving  right  to the Citizens to access the  information held  by the Public Authorities.  As per section 7 (5) of the Act, the BPL people are required not to pay any kind of fee i.e., fee for application {section 6 (1) }, fee for  information {section-7(1)}, fee for information in electronic format {section 7(5)}. But  while framing the Rules  i.e,  Odisha RTI Rules, 2005, the State Government  made a provision ( Rule-4) of only making application fee for BPL people free of cost while allowing other  fees  like fee for information to be  collected  from them. Though the law is  supreme, but  the State  Govt. gave the direction to the officials  to implement the  law  following  the  illegal provisions of  Odisha  RTI Rules.  This arrangement made by the State Govt.   gave unbridled power to the PIO  to collect the fees  from BPL people for  information.  

 Though it  was illegal, the Odisha Information  Commission  joined  hand with State bureaucracy  and  endorsed and ensured   this illegality  by  giving  direction to the PIOs  to collect  from BPL people the fees for  information.   Sri D.N.Padhi who is  a corrupt bureaucrat  and joined  as First Odisha Chief Information Commissioner , while adjudicating   Complaint Case 11 and 12/2006  directed  the BPL people  to pay the fees  for information violating section 7(5) of the RTI Act.   It was vehemently opposed by RTI Activists. The Information Commission was publicly condemned for their act of illegality.  As Sri D.N. Padhi is man of shrewd character, he, while hearing Complaint cases directed the BPL people to pay the fees for information but did not mention it in proceeding of the case.   Under pressure from RTI Activists, the Commission made a recommendation to State Govt.  on 16.11.2007  to  provide  BPL people  information  of 75 pages ( Rs. 150.00)   free of cost.  But the State Govt.  did not give any importance to this recommendation and  continued with their mandate  to  collect the fees from BPL people.

Campaign of RTI Activists continued   and exposing anti-BPL mindset of Odisha Information Commission and State Government. In May, 2013, Sri Jagadanandi Mohanty, then State Information Commissioner while addressing a  Workshop on RTI  in  Collectorate Conference Hall, Malkangiri  spoke about  misuse of RTI by non-BPL people  who are seeking  information  in the name of the BPL people  to get the information free of cost. A lot of complaints in connection of this issue have come to the notice of the Commission.  Sri Tapan Padhi, prominent RTI Activist who was present there, then filed an RTI Application to the office of Odisha Information Commission seeking information about details of Complaint Cases filed about misuse of RTI quoting statement of Sri Jagadanand Mohanty.   In response to RTI Application,  the PIO said that  there was no such information available  in the Commission. The dangerous character of Sri Jagadanand Mohanty to satisfy all illegalities of the State Government and spreading misleading information in public domain was found true.

Campaign of RTI Activists took a turn, when Sri Tarun Kanti Mishra, then State Chief Information Commissioner while adjudicating a Complaint case No. 2028/11 gave direction to Sri Kunja Bikari Patra, BPL-Applicant and RTI Activist of Nayagarh district to pay the fees for information, though he pleaded to get the information free of cost under section 7 (5) of the RTI Act.  The direction of the Commission  was challenged by Sri Kunja Bihari Patra  in Odisha High Court. While  disposing the case ( W.P.C. No.- 4797/13) on 3.7.13, the High Court quashed  the decision of the Commission as illegal  and directed the PIO to provide the information free of cost  in observance of section 7 (5) of the RTI Act.

This is one step achievement of RTI Activists to provide justice  to the BPL people.  This judgement was highlighted, largely circulated and demanded to all the Public Authorities to provide information to the BPL people free of cost. Being pressurised by the RTI Activists, the Odisha Information Commission   made a direction to the State Govt. on 31.3.14 to issue notification  observing direction of Odisha High Court.

The corrupt bureaucracy remained adamant   and continued to collect the fees from BPL people. Then, Sri Dhoba Sahu, BPL-Applicant and RTI Activist of Kalahandi district  who was denied  the information free of cost , filed  a  Writ Petition No. 135/15 in Odisha High Court seeking  direction   to State Govt. to provide all BPL people  the information free of cost.  On 23.7.15, the High Court  gave the direction  to  State Govt. to  Comply  section  7 (5) of the RTI Act.  On 21.9.15, the State Govt. has finally issued  notification  to  all the Public Authorities to provide the BPL people information free of cost.

Our   legal battle  for withdrawal of compulsory RTI Application, illegal provision of  submission of proof of Citizenship at the time of  submitting RTI Application, providing  copy of the decisions of the  Commission in Odia language  is still going  on  and the case pending in Odisha High Court.   

Pradip Pradhan

State Convener

Odisha Soochana Adhikar Abhijan


Date- 20.10.15 

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