Tuesday, July 10, 2012

RTI: Power and vulnerability

Kashmir Life: Srinagar: Tuesday, July 10, 2012.
Dr Raja Muzaffar Bhat writes about how the RTI Act helps expose malpractice but has not helped bring about change in the system that feeds on corruption.
Corruption has gained unprecedented proportions in J&K and there is no punitive, remedial or reformative action available in the system.
The youth in the state are frustrated and restive and they seem to have no role models in the society and they totally feel bewildered.
Since J&K Government and the Government of India is not taking any notice of the prevailing situation of corruption, there is an urgent need of a campaign against corruption at the people’s level. We, under the banner of J&K Right to Information Movement (RTI Movement) have been using RTI as a tool to expose corruption, but we only expose it and no further action is initiated by the State authorities themselves involved in this dirty game in one way or the other.
Unfortunately, the State Accountability Commission and the State Vigilance Organization have not been able to respond to the aspirations of the common people because of certain difficulties these institutions must be facing and the result is that people feel badly let down.
The government has not shown any intent to come down on corruption even in cases clearly established.
The State Vigilance Organisation, many years back, registered a case about a fraud using the Roshni Act. But the State Government has not sanctioned prosecution of the people involved in the scam. The allotment of land in Gulmarg under the Act to land mafia in utter violation of the Roshni Act which clearly says that Forest land cannot be transferred to anybody.
The vigilance organization was sincere enough about this case, but they could not proceed as the politicians at the helm obstructed the process. The recent ruling by Supreme Court of India has settled the period of time for which any Government can withhold its permission (sanction for prosecution) at three months.
The print and electronic media in J&K has been highlighting the cases of grave misconduct and brazen corruption in which some ministers have indulged from time to time during past several years. We have compiled a list of all such cases and even a senior congress leader also highlighted recently the cases of graft in which certain Congress ministers are involved, but no action was taken.
A case of land grabbing was raised on the floor of the house few years back by a BJP MLA from Jammu. He presented the evidence, but no action was taken. We sought information on the follow up action by J&K Assembly under RTI Act regarding this case. Initially, the information was not provided and after approaching the State Information Commission the Assembly PIO informed me that two letters were send from assembly to Revenue Minister in this regard but till date no action has been taken.
We obtained authentic information from civil secretariat PWD (R&B) department that 2000 works were engaged by R&B without tenders from 2008 till 2010. Newspapers reported it, but no action till date. We brought this matter to the notice of CM, MOS PWD several times but no action was initiated.
It was widely reported in press that more than 5000 people were appointed by Local Bodies department in various municipal committees across J&K few years back under the so called “need based” scheme. The cabinet has neither approved the scheme nor does it have any policy backing or an approved budget. Seven enquiries have been instituted as mere eyewash and not a single enquiry has been allowed to reach a conclusion.
We recently exposed a purchase scam in Govt Dental College Srinagar and Jammu wherein the present Principal purchased various Dental equipments on exorbitant rates. We exposed all this by using RTI. Local press and TV channels highlighted this matter.  The vigilance is probing and the Anti Corruption Special judge has also asked for a report, but till date the Medical Education Minister Mr R S Chib is not taking any action against the Principal of Dental College in order to ensure transparent probe. Meanwhile, we have filed a case in the special anti corruption court in this regard and we hope that very soon an FIR will be filed in this case.
The local press exposed the scam related to copying and impersonation by former Education Minister Perzada Mohammad Syeed’s son during 2009 Matriculation exams, but till date the state crime branch’s  (which is investigating this case)  report, which was initiated on the directions of CM, has not been made public and even the Chairman J&K Board of School Education (BOSE) continues to be in the office.
We exposed a scam of Rs 30 Crore dating back to 2007 wherein J&K Projects Construction Corporation (JKPCC) allotted Rs 30 crore bridge construction project to a Jammu based firm without inviting any tenders. We obtained documents under RTI Act. A sum of Rs 5 crores was released in favour of the contractor one year prior to start of work (2006). This contract was allotted by the then R&B Minister and till date no action has been taken against the Minister or the former MD of JKPCC.
A senior Congress Minister has grabbed hundreds of acres of land in Jammu and the case is pending in state high court.
A multi crore scam of J&K Cricket Association was exposed few months back. The media highlighted it but till date no action has been taken against the main accused and it seems that matter has been hushed up.
Few years back a senior cabinet minister was accused of purchasing a villa in Dubai Palm Islands but the matter was hushed up and investigation stopped. When we sought details from State Vigilance Organisation in this regard under RTI Act it was shocking to know that no such investigation has been initiated by the Vigilance Organisation.
The RTI Activists and RTI users  are being continuously harassed by the state machinery and other non state actors as they try to expose all such illegal practices. Recently, RTI activist Fayaz Ahmad Wani was thrashed by a Sarpanch in Kutabal village in Chadoora  Budgam after it was revealed through RTI filed by Fayaz that the Sarpanch provided 26 cheques (for Rs 48,500) each under Indira Awaas Yojna (IAY) to his 26 close relatives many of whom are minors and Govt employees.
The total amount provided by Sarpanch to his relatives amounts to Rs 13 lacs and it was exposed in the local press, but till date even FIR has not been lodged against the Sarpanch Mohammad Aslam Khan who is fully involved in this whole mischief in connivance with the officials from Rural Development Department Chadoora block. 
The Sarpanch and his father Ahad Khan who is the Deputy Sarpanch did not stop here. A few days back on 28th June at around 5 pm the duo along with 20 other goons stripped one Abdul Majeed Thakkar of Kutabal village in Chadoora and got him paraded naked in the village and his family which included mother Jajira, wife and other relative including a boy of three years were beaten to pulp.
The family has taken refuge in another village as they have been threatened by the Sarpanch and his father that if they enter the village they would be killed. It is so unfortunate that till date the Sarpanch and his father (Dy Sarpanch) have not been arrested. This all has been done because Majeed has been affiliated with RTI movement for many months as he has some dispute over land with his relatives on which Sarpanch has constructed a Govt school building.
The reality is that Majeed has not filed even a single RTI application but his mere association with J&K RTI Movement is an eyesore for the people like Ahad Khan or Asalm Khan.
But such pulls and pressures won’t deter us from exposing all such illegal activities and corrupt practices . We are on a mission and we can sacrifice even our lives for such a noble cause.