Wednesday, January 31, 2018

Thane DCP slaps activist for asking information under RTI

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.