Saturday, April 9, 2011

[rti4empowerment] From WEDS to Kisan Bapat Baburao Hazare - fondly Anna Hazare - Your suggestion to nominate Justice santhosh K Hegde to Chairman of Lokpal Committee

Dear Hazare.
 
This a copy of my e-mail sent to THE NEW INDIAN EXPRESS about Karnataka Lokayukta which that newspaper demured to publish. I request you to  analysen the track record of a person before nominating him to any position.
 
Dear Sir,
 
Accidentally I read at page 6 of The New Indian Express Friday, August 29, 2009 Bangalore, a report titled There is Corruption at all Levels & also at page 6 of The New Indian Express Saturday, August 30, 2009 Bangalore, another report titled Voice of People will help Lokayukta 
 
I was amused whether in both the statements wherein The Lokayukta, Hon'ble Justice K Santhosh Hegde stated so, to include The Karnataka Lokayukta too?
 
It stands to reason to assume that these statements excluded The Lokayukta & The Karnataka Lokayukta. However, paradoxically & in fact they apply to both.
 
Let me narrate my experience with The Karnataka Lokayukta.
 
I addressed an application under RTI Act 2005 dated 23 03 2009 using the premise of deemed PIO as elucidated under section 5 (4 & 5) read with section 6 (1&3), 22, 23 & 24 of RTI Act 2005 to The Lokayukta, Hon'ble Justice K. Santhosh Hegde by his proper name & sent it by professional courier Udupi on 26 03 2008 way bill nd.4688524.
 
It was delivered to the addressee but, neither did I receive an acknowledgement nor the information sought. I talked to Registrar Moosa Kunhi, Dy. Registrar B. M. Mallikarjunaiah, & office of Asst. Registrar 8 (ARE 8) S. D. Parmaj to a lady who demurred to disclose her name despite being a public servant.
 
Only after I sent a copy of that application again on 3rd July 2009, I received a reply dated. 27 07 2009.
 
Does it not tantamount to disobedience of law as per section 166 of IPC 1860 by the Lokayukta Hon'ble Justice K Santhosh Hegde?
 
The information was sought on case COMPT/LOK/MYS191/2008 dated 19 12 2008 which was recommended for closure by S.D. Parmaj, ARE 8 without even sending a letter enquiry against the respondent, the current Dy. Commissioner Udupi, P. Hemalatha IAS, recommending to The Lokayukta that it is a case against not providing information sought under RTI Act 2005 & is outside the purview of Lokayukta. The Lokayukta, Hon'ble Justice K. Santhosh Hegde, just as if he is a bureaucrat blindly endorsed the note by ARE 8, without even ever bothering to know what the complaint was about.
 
My complaint was lucidly documented with unassailable & conclusive proof against Dy. Commissioner Udupi, P. Hemalatha I.A.S for abusing authority, acting ultra vires, violation of human right, transgressing her powers, disobedience of law making her liable under section 166 of IPC 1860. However, ARE 8 who is district & Sessions Judge (retd.), could not even display ordinary prudence & judgement to find a valid case in my complaint. An eloquent testimony to, absence of transparency, abuse of authority to favour one & harm another & maladministration in Karnataka Lokayukta logically leading to the conclusion of existence of corruption in The Karnataka Lokayukta itself.
 
The same complaint against Dy. Commissioner Udupi, P.Hemalatha IAS on the same issue was filed with NHRC New Delhi for violation of my Human Rights has been adjudged as having a prima facie case by N.H.R.C & is under enquiry. Only the Lokayukta chose to exonerate her in my complaint without even an enquiry.
 
Another complaint nd. COMPT/LOK/MYS193/2008 dated 19 12 2008 against former Dy. Commissioner Udupi, V. Ponnuraj I.A.S for abusing authority, disobeying law, acting arbitrarily filed with The Karnataka Lokayukta, also assigned to ARE 8, S.D. Parmaj, is yet to adjudicated.
 
A complaint for human right violation has also been filed with NHRC New Delhi for violation of my Human Rights against former Dy. Commissioner Udupi, V. Ponnuraj I.A.S, has been adjudged as having a prima facie case by N.H.R.C & is under enquiry!
 
I had sought status of both of my complaints as well as the course of action that would initiated by the Lokayukta to deliver justice to me, if not the reasons therefor, by an application under RTI Act 2005 section 6(1) at the time of filing complaint itself but, the information is yet to be received despite 7 months! An eloquent testimony to lethargy & blatant disobedience of law, tantamount to maladministration in  Lokayukta which was established to oversee good governance! What a paradox! I am reminded of the vernacular saying "Baeli yeddu hola maidante?" {Fence that is designed to protect field from cattle, if by itself grazes the field?}
 
I shall send a complaint against S.D. Parmaj, ARE 8, Karnataka Lokayukta, to Lokayukta. I shall observe how this shall be dealt with by Lokayukta. As a citizen & one of the governed, I have a right to demand transparency in functioning of every Public Authority. The Government & its instrumentalities are to be accountable to the governed after implementation of RTI Act 2005. We are a democratic nation where the GOVERNMENT IS BY A PEOPLE; OF THE PEOPLE & FOR THE PEOPLE!
 
In another instance Udupi Town Police station ASI refused to accept my complaint under sections 268,269,270,339,425 & 426 of IPC 1860, disobedience of duty enjoined by Article 51A of Constitution with offence relevant to
 
(a)  Offences against the State.
(b)  Offences against the public tranquility.
(d)  Offences affecting life.
(i)   Offences of mischief against property.
 
Every public office has this displayed on a board:
 
In case of under delay or harassment caused by an official or public servant in attending to official work the same may be brought to the notice of under:
Registrar Karnataka Lokayukta, M. S. Building, Dr. Ambedkar Veethi, Bangalore 56001.
 
Encouraged by this, I called Lokayukta to complain to Registrar Karnata Lokayukta. Registrar Moosa Kunhi was not at his desk. The lady in his office did not know where he was. When I narrated why I called, the lady said "We do not do anything, you have to contact the local Lokayukta Office" When I asked why the board should be displayed as stating above, there was no answer. Lady did not disclose her name. I had contacted the Circle Police Inspector Udupi, Ganesh Hegde & narrated him the incident. As he was at Mangalore undergoing training, I requested him to advice Town Police Station Udupi & re-approached ASI informing him my talk with CIP, who accepted it.
 
In the meantime I had talked to Dy. SP Lokayukta Udupi, Prabhudev Bimane to persuade police to initiate action.
 
This is the state of affaires of The Karnataka Lokayukta claiming overseeing of good governance! Probably the dictum is "DO WHAT I SAY BUT, DON'T DO AS I DO"
 
Will The New Indian Express be intrepid to deliver this to Lolayukta Hon'ble Justice K Santhosh Hegde?
 
Regards,
WEDS
 

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