Bangalore Mirror: Bangalore: Monday, May 02, 2016.
KIC slaps
show-cause notice; orders probe into the missing electoral video of policemen
promoting politician while defying code of conduct for elections.
A curious
case of an electoral video going missing has put two officers in the dock now,
nearly three years after the state assembly polls. Information denied under the
RTI Act even after the said period has resulted in state information commission
(KIC) slapping a show-cause notice on the officers and ordering probe into the
missing electoral video that reportedly had footage of police participating in
a politician's poll promotions, when a model code of conduct was in force. The
officers in the dock are - AB Hemachandra, joint commissioner, BBMP, who was
additional district election officer during the polls in May 2013; and Pragna
Ammembal, the returning officer in the ward where the incident is said to have
occurred.
"Even
after a lapse of 2 years and 7 months, Hemachandra, being responsible officer,
has not submitted a fact-finding report to the commission within stipulated
period of time thereby delaying in providing the information to the appellant
who is seeking the information about the election matter, which has to be taken
on priority basis," Shankar R Patil, KIC commissioner, observed in his
April 5 order.
The first
time the case came up before the commission in September 2015, it had asked
Hemachandra to file a fact-finding report within 30 days. As the matter came up
in April 2016, instead of the fact-finding report, copies of reminders sent to
the RO to produce the CD were produced before commission. The commission took
serious objection to this, saying it had not sought the office communiques.
With BBMP
officials' failure, the KIC has set a deadline. It has also asked to show-cause
why they should not be penalised with Rs 4,000 fine for the delay.
"Commission
viewed it seriously and directs Shri Hemachandra, joint commissioner (south),
to submit a facts finding report to the commission on or before May 24,"
Patil has said in his order.
The case:
The case
pertained to an RTI application filed by Wg Cdr G B Athri (rtd). He had sought
information under RTI Act pertaining to the electoral video recording between 1
and 3.30 pm on April 26, 2013, in the office of returning officer Pragna
Ammembal of Padmanabhnagar assembly constituency. However, the information was
denied.
Athri then
filed first appeal, which helped little. Finally, he filed an appeal before the
KIC in September 2015. More than six communiques were sent to the returning
officer during the time, and Hemachandra also sent reminders to her with
respect to Athri's first and second appeals, but all were in vain. The matter
reached the KIC in September 2015 and the commission had in the same month directed
the joint commissioner to furnish fact-finding report within 30 days. As it was
not provided within stipulated time, the commission came down cracking against
the officer while issuing a notice.
Athri told
Mirror the video pertained to a statement made by an ACP that six police
officials were publicly circulating pamphlets bearing R Ashok's name. At the
time, police were using their official car, which was against the law.
The ACP had
also said that the staffers would be brought to book but nothing happened.
"If at all I have to complain, the evidence is crucial. But now, they are
not providing this even after an inquiry has been ordered into it. Hence, I
have moved commission," Athri told Bangalore Mirror.