Indian Express: Chennai: Friday,
18 October 2024.
In the dimly lit corridors
of the Saidapet Magistrate Court, 47-year-old Siva Elango, walked out on
Tuesday after a ten-year legal battle. The decade saw his brief arrest, 138
court hearings, and several legal setbacks. But, he persevered.
It was in 2012 that Elango, a member of the anti-corruption group, Satta Panchayat Iyakkam, filed an RTI seeking details of then Tamil Nadu Chief Minister J Jayalalithaa’s advertisement spending. This was when the state had launched a massive media campaign, with full-page ads featuring Jayalalithaa’s image in editions across the country.
“The campaign was part of her bid for the 2014 Prime Minister race, paralleling Narendra Modi’s rise during the period. I demanded details of how taxpayer money was spent for these ads, and criteria for receiving the ads,” Elango said while speaking to The Indian Express.
The government refused to disclose the information, and he filed two appeals the same year.
In January 2015, the State Information Commission (SIC) finally took up his second appeal for hearing. What should have been a routine hearing quickly became a life-altering ordeal for Elango.
He arrived at the SIC’s office, ready to present his case. The chief information commissioner, K S Sripathi, a former state chief secretary, and former district judge S F Akbar presided over the hearing.
Elango sat in the room, but just before he could speak, a peon approached him, saying he had been asked by Sripathi to stand. Elango refused, since no law required appellants to stand during quasi-judicial hearings.
According to Elango, the hearing was abruptly dismissed and he was asked to leave. Not willing to let his fight end there, Elango staged a sit-in protest, declaring that he be heard. The police were called, and he was arrested, charged with obstructing a public servant and criminal intimidation.
“I was thrown into Puzhal Central Prison for three days for not standing,” Elango said.
Once out on bail, Elango didn’t hire a lawyer, but decided to represent himself.
According to court documents, the prosecution’s witnesses were people who hadn’t been present during the alleged incident, while peons and clerks were listed as under secretaries.
The complaint against Elango had been filed by the SIC’s secretary, Ashok Kumar, based on information relayed by his undersecretary, Gnanavel. But when Gnanavel was cross-examined by Elango, he admitted he wasn’t in the room when the alleged incident occurred.
“They said I threatened to destroy SIC, and that I spoke while putting my legs on the table,” Elango said.
During the hearing, Sripathi, the former chief secretary of Tamil Nadu, was added as a witness, but the SIC refused to forward him summons claiming that he was retired and they did not know his address. Elango then sought documents from authorities that paid Sripathi his pension. Even after his address was availed and summons issued, the police dragged their feet for another year.
Four judges changed during the 10 years. Then, in March 2024, Sripathi appeared in court.
In a twist of fate, this time Sripathi had to appear before the Saidapet judicial magistrate court on March 14 this year and dispose, standing. After a few minutes of submission, the court allowed Sripathi to sit as he complained of leg pain.
The former chief secretary claimed he couldn’t recall the incident, and denied ever asking Elango to stand. When Elango questioned him further, asking if he had threatened Sripathi as charged, Sripathi again said he couldn’t recall.
When contacted, Sripathi said he couldn’t recall any such incident during his tenure as SIC. When asked about his court appearance, he said: “Oh yes. But I can’t recall the details. I don’t even remember his (Elango’s) face.”
About his instruction to stand before SIC during the appeal hearing, Sripathi said there is no such rule. “They can sit. Some people wouldn’t sit even if we suggested that they do.” On why the original RTI petition was not disposed of, he said, “The reasons can’t be discussed here. Only thing I can say is that I have nothing personal against him.”
Elango said that when he walked out of the courtroom after the acquittal, there was no celebration. “The judge said I am acquitted and that I may leave. But what happened to my original petition? Where is my RTI? I fought another case for 10 years and gained an acquittal, but my original petition remains unanswered,” he said.
His wife, a schoolteacher, has been the family’s only source of income while Elango has thrown himself fully into social activism. Their twins, a boy and a girl, too have grown up watching their father’s fight. He said, “My wife and I made an agreement before marriage. That she would take care of the household, and I would fight for society.”
It was in 2012 that Elango, a member of the anti-corruption group, Satta Panchayat Iyakkam, filed an RTI seeking details of then Tamil Nadu Chief Minister J Jayalalithaa’s advertisement spending. This was when the state had launched a massive media campaign, with full-page ads featuring Jayalalithaa’s image in editions across the country.
“The campaign was part of her bid for the 2014 Prime Minister race, paralleling Narendra Modi’s rise during the period. I demanded details of how taxpayer money was spent for these ads, and criteria for receiving the ads,” Elango said while speaking to The Indian Express.
The government refused to disclose the information, and he filed two appeals the same year.
In January 2015, the State Information Commission (SIC) finally took up his second appeal for hearing. What should have been a routine hearing quickly became a life-altering ordeal for Elango.
He arrived at the SIC’s office, ready to present his case. The chief information commissioner, K S Sripathi, a former state chief secretary, and former district judge S F Akbar presided over the hearing.
Elango sat in the room, but just before he could speak, a peon approached him, saying he had been asked by Sripathi to stand. Elango refused, since no law required appellants to stand during quasi-judicial hearings.
According to Elango, the hearing was abruptly dismissed and he was asked to leave. Not willing to let his fight end there, Elango staged a sit-in protest, declaring that he be heard. The police were called, and he was arrested, charged with obstructing a public servant and criminal intimidation.
“I was thrown into Puzhal Central Prison for three days for not standing,” Elango said.
Once out on bail, Elango didn’t hire a lawyer, but decided to represent himself.
According to court documents, the prosecution’s witnesses were people who hadn’t been present during the alleged incident, while peons and clerks were listed as under secretaries.
The complaint against Elango had been filed by the SIC’s secretary, Ashok Kumar, based on information relayed by his undersecretary, Gnanavel. But when Gnanavel was cross-examined by Elango, he admitted he wasn’t in the room when the alleged incident occurred.
“They said I threatened to destroy SIC, and that I spoke while putting my legs on the table,” Elango said.
During the hearing, Sripathi, the former chief secretary of Tamil Nadu, was added as a witness, but the SIC refused to forward him summons claiming that he was retired and they did not know his address. Elango then sought documents from authorities that paid Sripathi his pension. Even after his address was availed and summons issued, the police dragged their feet for another year.
Four judges changed during the 10 years. Then, in March 2024, Sripathi appeared in court.
In a twist of fate, this time Sripathi had to appear before the Saidapet judicial magistrate court on March 14 this year and dispose, standing. After a few minutes of submission, the court allowed Sripathi to sit as he complained of leg pain.
The former chief secretary claimed he couldn’t recall the incident, and denied ever asking Elango to stand. When Elango questioned him further, asking if he had threatened Sripathi as charged, Sripathi again said he couldn’t recall.
When contacted, Sripathi said he couldn’t recall any such incident during his tenure as SIC. When asked about his court appearance, he said: “Oh yes. But I can’t recall the details. I don’t even remember his (Elango’s) face.”
About his instruction to stand before SIC during the appeal hearing, Sripathi said there is no such rule. “They can sit. Some people wouldn’t sit even if we suggested that they do.” On why the original RTI petition was not disposed of, he said, “The reasons can’t be discussed here. Only thing I can say is that I have nothing personal against him.”
Elango said that when he walked out of the courtroom after the acquittal, there was no celebration. “The judge said I am acquitted and that I may leave. But what happened to my original petition? Where is my RTI? I fought another case for 10 years and gained an acquittal, but my original petition remains unanswered,” he said.
His wife, a schoolteacher, has been the family’s only source of income while Elango has thrown himself fully into social activism. Their twins, a boy and a girl, too have grown up watching their father’s fight. He said, “My wife and I made an agreement before marriage. That she would take care of the household, and I would fight for society.”
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