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Dear RTI users..
Hello!
I’d requested to PIO (Principal, S.K.R.College of Physical Edu. Bhagoo Majra Kharar) on 19/04/2008 to provide me some information under RTI Act-2005.
-Till 3/6/2009 incomplete information provided by the concerned PIO.
-on 10/08/2009,The State Information Commission imposed a penalty of Rs.25,000.00 upon the PIO .
-Now, the concerned PIO challenged the S.I.C.P. Order in the Punjab & Haryana High Court (CWP-16365 of 2009), the first hearing will be held on 28/11/2009.
-Please advise me in this regard.
-It is the matter of great concern that PIO are unreasonably hiding/delay’g the information and later they challenged the penalty orders of S.I.C.P. in the court(on Govt. expences) to escape from penalty because,they belive, erery complainant not able to hire a counsel and they also not have much time to spent in such litigations!!
Thanks
CM Prakash Singh Badal and Irrigation Minister Janmeja Singh Sekho cited to be present along with the alleged kidnapper in the FIR
Chandigarh; August 4, 2009: In a press interaction today at Chandigarh, “RTI Users Association” rued that due to the involvement of political heavyweights the Punjab Police was not investigating the matter of kidnapping and torture of lawyer and RTI activist Kiran Kumar Pandey.
Activist Kiran Pandey was investigating widespread scams in the Ferozepur Cantonment board, a local body headed by prominent local political leader said to be close to the Chief Minister Prakash Singh Badal. On July 12, 2009, Pandey was kidnapped, tortured and kept in confinement for 5 days. The police did not register the FIR for 4 days despite specific by-name complaint by the family members of Pandey. On July 14th 2009 the RTI Users Association moved a PIL in the Punjab and Haryana High Court for registration of an FIR and proper investigation. As a result, the police registered the FIR on the night of 16th of July. Interestingly in an unusual FIR, Punjab Chief Minister Prakash Singh Badal and irrigation minister Janmeja Singh Sekho has been cited to be present along with the alleged kidnapper, Joginder Singh Jindu.
Interacting at the press conference, Kiran Pandey said, “I am saddened by the rule of the gun and goons in the region. One week prior to my kidnapping, there was an attempt on my life, which I survived. I went to the police and lodged the complaint along with supporting affidavit of eye witnesses; however the police did not register an FIR and even till date no FIR was registered in the said case. Not only this, the police also caused disappearance of my motorcycle, and even refused to register an FIR for theft or destruction of evidence.” Kiran further questioned, “When I have named the person who kidnapped me as Joginder Singh Jindu then how can the police finish the investigation in the FIR itself and give clean chit by citing Prakash Singh Badal and Janmeja Sekho as witness.”
“Mr. Badal should explain about his and his cabinet colleague’s role in the whole kidnapping issue. We need an answer from the Chief Minister as to what is his role and relation to the alleged kidnapper and why the Punjab Police is not investigating the matter and why no arrests have been made in the said case,” social activist Hemant Goswami questioned. “The police have yet not recorded the statement of Praksh Singh Badal and Sekhon, which they are duty bound to record under Section 161 of the Criminal Procedure Code.” Goswami added.
Sh. H. C. Arora, convenor of RTI Users Association said, “We are surprised about the manner in which the whole issue has been dealt with by the Punjab Government. I have written to DGP a couple of times but have got no response till date. However the Government should take note that we will take this issue to its logical conclusion, both in the interest of the RTI Users as well as to ensure justice for Pandey.”
The name of the Punjab Chief Minister Sh. Prakash Singh Badal and another of his Cabinet colleague clearly figures in the FIR with an intention to give clean chit to the alleged kidnappers.
The relevant portion of the FIR No. 56 of 2009, registered at Police Station Cantt. Ferozepur reads, “They (family members of Kiran Pandey)suspect that Kiran Pandey has been kidnapped and killed by Joginder Singh @ Jindu, President and Satish The people from the Mohalla and neighbourers of Kiran Pandey have stated in their statement that on that day at about 6/6.30 PM, Joginder Singh @ Jindu, President and Satish Kumar, J.E. Cantt. Board and other persons on motor cycles did not come to Kiran Pandey’s house and did not abuse. They are ready to say on oath that on 12.7.09, it being Sunday, Satish Kumar, J.E. has been proved to be at his residence during entire day. On 12.7.09, Sh. Parkash Singh Badal, had come to the residence of Irrigation Minister Janmeja Singh Sekhon in connection with the bye elections at Jalalabad and Joginder Singh @ Jindu, President Cantt. Board has been proved to be present at the Kothi of Sardar Janmeja Singh from 4 PM to 11 PM.”
 
The Director General of Police,
Punjab, Sector-9,
Chandigarh
Through E-Mail
SUBJECT: Protest against biased and directionless investigation by DSP, Ferozepur (Shri Jasbir Singh) into the shocking incident of kidnapping of Kiran Kumar Pandey, a RTI Activist, and Advocate of Ferozepur.
Sir,
I am pained to learn from Shri Kiran Kumar Pandey that the I.O. in this case (Shri Jasbir Singh, DSP) is acting in a totally biased manner and with a pro-accused orientation, which is clear from the following:-
1. The I.O. is well aware of the fact that the first phone call regarding Mr. Pandey having been kidnapped was received by the sister of Mr. Pandey on July 13th. in the morning from land line phone no. . 01632-235147, but the I.O. has not taken the said information seriously. It is pertinent to state that said phone no. 1632-235147 is registered in the name of one Shri Ashok Kumar, address-opposite-Bus Stand, Ferozepur. The I..O. is deliberately not examining this vital clue to kidnapping of Mr. Pandey.
2. The I.O./DSP did not act honestly while recording the statement of Mr. Pandey on July 18th. in Baghi Hospital, Ferozepur. As per Mr. Pandey, the statement of Mr. Pandey was recorded by Inspector Sarabjit Singh, in the presence of the I.O, but on several occasions, throughout the recording of Mr. Pandey’s statement, the DSP would raise his hand towards cameraman, at which the cameraman would stop video recording of petitioner’s statement. Then, the DSP would threaten Mr. Pandey and tell him that he should not try to implicate Joginder Singh Jindu. Such interruptions used to break the continuity of Mr. Pandey’s statement, but still he narrated the whole truth about the incident to the police officials. The attitude of I..O., Shri Jasbir Singh reveals that he is acting in a biased manner and is trying to protect the accused persons.
3. The manner of recording of the FIR No.56 of 16.7.2009, and the contents thereof are also unusual, and those indicate towards a concerted attempt of Ferozepur Police to protect the main accused, Shri Joginder Singh Jindu, whose name has been mentioned by Mr. Pandey in his video-recorded statement, besides the name of Mr. Satish Arora, J.E. For your information, an extract from the said FIR is reproduced hereunder to convince you that even the Police official, who recorded the complaint, was biased one and was acting at the behest of accused persons. The relevant portion of the FIR reads as under:-
“They (family members of Kiran Pandey)suspect that Kiran Pandey has been kidnapped and killed by Joginder Singh @ Jindu, President and Satish The people from the Mohalla and neighbourers of Kiran Pandey have stated in their statement that on that day at about 6/6.30 PM, Joginder Singh @ Jindu, President and Satish Kumar, J.E. Cantt. Board and other persons on motor cycles did not come to Kiran Pandey’s house and did not abuse. They are ready to say on oath that on 12.7.09, it being Sunday, Satish Kumar, J.E. has been proved to be at his residence during entire day. On 12.7.09, Sh. Parkash Singh Badal, had come to the residence of Irrigation Minister Janmeja Singh Sekhon in connection with the bye elections at Jalalabad and Joginder Singh @ Jindu, President Cantt. Board has been proved to be present at the Kothi of Sardar Janmeja Singh from 4 PM to 11 PM.”
I, as convener of the RTI Users Association (Punjab, Haryana & UT Chandigarh Chapter), therefore, appeal to you to change the I.O. in this case, as he is acting in a totally biased manner, and is trying to protect the accused persons. Mr. Kiran Pandey and his family members rather suspect that the I.O. is trying to implicate them, instead of nabbing the real culprits/accused persons. I, therefore, appeal to you to transfer the investigation from Shri Jasbir Singh, DSP, Ferozepur to some other senior officer of proven integrity from some other District.
This is, however, without prejudice to our right to demand the transfer of investigation of this case to C.B.I., if your goodself is unable to ensure justice to the aggrieved Mr. Pandey and his family members.
Meanwhile, please acknowledge.
Thanking you,
Yours Faithfully,
(H.C. ARORA)
CONVENER
RTI USERS ASSOCIATION
The missing RTI Activist (and lawyer) has been traced out and admitted in a private hospital at Ferozepur for treatment. It is a matter of concern, however, that his condition is critical.
This morning, Sh. H. C. Arora, Convenor of RTI Users Association received a call from the sister of Kiran Kumar (the victim). She told him that they have received a phone call that Kiran Kumar is lying outside a Bakery in a critical condition. Thereupon, with assistance from another RTI Activist Sh. Jitender, the local media was also informed and to be witness to the incident. Some media people reached the spot at Ferozepur. The Inquiry Officer, Jasbir Singh, DSP, with policemen also reached the spot.
Kiran Kumar is in a critical condition but alive.
Further developments, as and when known, would be shared with all of you. Meanwhile, let us all pray for health and speedy recovery of Kiran Kumar.
Subsequent to the demand by the “RTI Users Association” to provide protection to whistle blowers; the Punjab State CIC has asked the Government of Punjab to ensure protection to the whistle blowers.
A copy of the letter by the CIC sent to Sh. H. C. Arora, Convenor of the RTI Users Association, is reproduced hereunder.
—————————————————————
State Information
Commission Punjab
R.I. SINGH
Chief Information Commissioner
No.PS-CIC/2009/1260
16th July, 2009
Subject: Protection of whistle-blowers
I am enclosing a copy of letter submitted by Sh. H.C. Arora, Convener, RTI Users Association requesting protection of RTI Activists who seek information leading to exposure of corrupt practices or irregularities in administration. He has given a specific instance of Shri Kiran Kumar Pandey an RTI Activist at Ferozepur on 12.07.2009. You may get an enquiry conducted into this incident.
You may also please issue suitable instructions to the police to provide protection, wherever sought by RTI Activists and also to ensure that all complaints received from the RTI Activists are investigated without loss of any time to ensure protection to life and liberty of the concerned complainants.
Yours Sincerely,
(R.I. Singh)
Sh. A.R. Talwar,
Principal Secretary Home,
Government of Punjab,
Punjab Mini Secretariat,
Sector-9,
Chandigarh.
Copy to:
1. Sh. H.C. Arora with reference to your letter dated 16.7.2009. He may directly forward the names of the RTI Activists to the Principal Secretary, Home with a copy to the undersigned.
2. Secretary to Commission, alongwith the original letter of Shri H.C. Arora, Convener, RTI Users Association.
(R.I. Singh)
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