Moneylife: Thane: Wednesday, January 31, 2018.
Thane’s
Deputy Commissioner of Police (DCP) Sandip Valve, who is also First Appellate
Authority under the Right to Information (RTI) Act, has allegedly slapped and
threatened an activist for seeking information about education qualifications
of police officers.
According to
Shailesh Gandhi, former Central Information Commissioner, during the first
hearing, the DCP allegedly slapped RTI activist Kailas Avhad. This was also
noted in an order passed by Thanksy Francis Thekkekara, State Information
Commissioner for Konkan Division.
“There
appears to be a systematic attempt to stifle transparency by some public
servants. We first learnt about the Municipal Commissioner of BrihanMumbai
Corporation declaring the NGO Praja and its employees ‘persona non grata’ and
pompously declaring that he was withdrawing their fundamental right! And now,
the DCP slapped an activist for seeking information on education qualifications
of police officers,” Mr Gandhi said.
On 31 January
2017, Avhad had asked information about educational qualification and
certificates of Dr Rashmi Karandikar (DCP of Traffic). When he did not got any
information within stipulated time, on 2 March 2017, he filed first appeal the
First Appellate Authority. However, during the hearing, Mr Valve, the Appellate
Authority, allegedly vent out his anger at RTI users stating that “You all RTI
users harass us”.
Mr Gandhi
sent a letter to Maharashtra Chief Minister Devendra Fadnavis requesting to
take stern action against such officials. In the letter, Mr Gandhi had said,
“This morning I met 43-year old Kailas with his sorry experience in using RTI.
While hearing a first appeal from Avhad in March 2017, the DCP was very angry
that this common citizen had sought some information about education
qualifications of a police officer! He boxed/slapped Kailas on his ear and
threatened and abused him for using RTI. Kailas went to the Naupada police
station to file a complaint but the police said they would not register a
complaint against a police officer. He therefore went to the Thane Police
Commissioner’s office and gave a written complaint. Despite giving this to the
collector, home department, DGP, Information Commission, CM’s office, and
Governor’s office, no first information report (FIR) was filed, nor was any
action taken! The common RTI user was being humiliated.”
When Avadh
moved for Second Appeal, the State Information Commission, on 11 January 2018
held that since the information asked voluminous and cannot be provided within
30 days, and thus is not required to be supplied to the applicant. “The
applicant should be provided the information for point no.1 only and for his
other points he have to file another application with the PIO,” Ms Thekkekara
said.
She also
directed Thane’s Commissioner of Police to transfer all appeals pending before
DCP Valve and relieve him from acting as FAA by appointing another DCP as First
Appellate Authority immediately.
Avhad in his
other RTI application found that the close circuit television (CCTV) cameras
installed in police stations are switched on and off as per direction from the
officer.
“The common
RTI user was being humiliated. Is this the selective and arbitrary transparency
being brought about with CCTVs? Nine months later the Information Commissioner
has recorded this sordid and shameful tale. I am hoping citizens and media will
take up these issues of attacks on RTI users seriously and stop this vicious
attack on the freedom of speech and expression guaranteed under Article 19 (1)
(a),” Mr Gandhi says.
Mr Gandhi has
requested the authority that FIR must be registered and appropriate action
taken against the DCP. And he has also asked the Maharashtra CM and Home
Secretary to ensure the safety of Kailas Avhad and warn all public officials to
treat citizens with respect.