[HumJanenge] Re: [HumJanenge-YG] RTI Activist and Anti-Corruption Crusader Shot Dead in Bihar- An Update

Dear Venkatesh

Unfortunately you are misinforming the public on how the term "forthwith" is interpreted in Indian Police / Legal circles. (PPW versus PPR)

"Forthwith" = within 14 days.

PS:  I make no comment on this  ;-)
PPS: I am posting this on HJ-GG for reasons very well known to all of us.

Sarbajit

On Fri, Dec 9, 2011 at 11:01 AM, Venkatesh <venkatesh@humanrightsinitiative.org> wrote:

 

Dear all,
This is an update on the murder of RTI activist Ram Vilas Singh in
Lakhisarai, Bihar. I have been informed that the deceased's son managed to
get a first information report (FIR) about the murder regeistered at the
Lakhisarai Town Police Station. Today's Indian Express has carried a story
on this dastardly incident:
<http://www.indianexpress.com/news/rti-activist-shot-dead-in-bihar/885698/>
http://www.indianexpress.com/news/rti-activist-shot-dead-in-bihar/885698/

When I spoke with Rajkishore this morning about the progress of the case he
narrated the usual story about police cooperation. Despite the filing of the
FIR the police apparently has not furnished the deceased's son (complainant)
with a copy of the FIR. He has allegedly been told that the body of the
activist would be sent for postmortem examination and after that procedure
is completed a copy of the FIR can be given. If this is true it is so
typical of the working of the police in most parts of the country. Section
154(2) of the Criminal Procedure Code, 1973 clearly states as follows: "A
copy of the information as recorded under sub-section (1) shall be given
forthwith, free of cost, to the informant." Despite this clear statement of
the right of the complainant, the police fails to comply with the
requirement of the law. The term 'forthwith' is forgotten and the
bureaucratic wheels take their own time to turn in favour of the victim. The
police is so understaffed and busy, you see, they have little time for
complying with such 'minor' obligations.

Interestingly, the much touted Bihar Right to Public Service Guarantee Act,
2011 (attached) which allows for payment of compensation to citizens for
deficiency in the performance of a public service does not include the
police department. Had the police been included under this law they would
have had to pay a lumpsum amount from their pocket to the complainant for
delay in providing a copy of the FIR. Are changemakers in the State
Government paying attention to such lacunae in the implementation of the
Service Guarantee Act? It is the failure to perform such tiny tiny
obligations that add up to the massive dissatisfaction with police
performance. The system is most predictable in its non-compliant mode.
Compliance with the law seems to be an unreasonable expectation.

Thanks
Venkatesh Nayak
Programme Coordinator
Access to Information Programme
Commonwealth Human Rights Initiative
B-117, First Floor, Sarvodaya Enclave
New Delhi- 110 017
Tel: +91-1143180215/ 43180201
Fax: +91-11-26864688
Website: www.humanrightsinitiative.org
<http://www.humanrightsinitiative.org/>
Skype: venkatesh.nayak@skype.com
Alternate Email ID: nayak.venkatesh@gmail.com

__._,_.___

Reply to sender | Reply to group | Reply via web post | Start a new topic

Messages in this topic (1)

Recent Activity:

• New Members 1

Visit Your Group

messages in archives can be accessed only by members, but all are welcome to join hum janenge group. visit http://indiarti.blogspot.com to know everything on rti.

Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use

.

__,_._,___