Harassment of RTI activist & Human Right Defender by Uttar Pradesh State Information Commissioner : Complaint to initiate inquiry and take punitive action against the perpetrator

https://www.facebook.com/sanjay.sharma.tahrir/posts/1565408777008941

आरटीआई आवेदक के मानवाधिकार उल्लंघन मामले में यूपी के सूचना आयुक्त अरविन्द सिंह बिष्ट के खिलाफ तहरीर की शिकायत का संयुक्त राष्ट्र संघ द्वारा संज्ञान l यूपी के सूचना आयुक्त अरविन्द सिंह बिष्ट के प्रवेशित होने पर आरटीआई आवेदक द्वारा खड़े होकर सम्मान न देने पर आरटीआई आवेदक को सुनवाई कक्ष से बलात बाहर निकलवाने का मामला l

तहरीर की शिकायत और संयुक्त राष्ट्र संघ का आरंभिक रिस्पांस निम्नानुसार है :

Sanjay Sharma
<tahririndia@gmail.com> Thu, Dec 18, 2014 at 10:50 PM
To: jrlawnhrc@nic.in, hrd-nhrc@nic.in
Cc: urgent-action@ohchr.org, defenders@ohchr.org, jgaziyev@ohchr.org, supremecourt <supremecourt@nic.in>, supremecourt <supremecourt@hub.nic.in>, hgovup <hgovup@gov.in>, hgovup <hgovup@up.nic.in>, hgovup <hgovup@nic.in>, cmup <cmup@nic.in>, cmup <cmup@up.nic.in>, csup <csup@up.nic.in>, uppcc <uppcc@up.nic.in>, uppcc-up <uppcc-up@nic.in>, dgp <dgp@up.nic.in>, dgpolice <dgpolice@sify.com>, dmluc@up.nic.in, digrlkw <digrlkw@up.nic.in>, ssplkw-up <ssplkw-up@nic.in>, hrda.india@gmail.com, hrda.north@gmail.com
Bcc: Henri Tiphagne <henri@pwtn.org>

To,
Shri A.K. Parashar
Joint Registrar(Law) & Focal Point For Human Rights Defenders
313 A, National Human Rights Commission, Manav Adhikar Bhawan Block-C,
GPO Complex, INA, New Delhi – 110023
jrlawnhrc@nic.in , hrd-nhrc@nic.in
Phone 91-11-24663355, Fax 91-11-23384012, Mobile +91-9810298900

Sub. : Harassment of RTI activist & Human Right Defender by Uttar
Pradesh State Information Commissioner : Complaint to initiate inquiry
and take punitive action against the perpetrator

Sir,
Mr. Mahendra Agarwal, a 62 year old Senior Citizen, male, Right to
Information ( R.T.I. ) activist, lives in 326, Prince
Complex,Hazratganj,Lucknow,Uttar Pradesh, India,Pin Code-226001. Mr.
Agarwal's Mobile no. is +919415376117 and his e-mail id is
newskootchakra@gmail.com .

Mr. Mahendra Agarwal takes up cases of exposures of
irregularities/illegalities in various Government offices of India
through use of Right to Information ( R.T.I. ) act 2005. Mr. Agarwal,
a lawyer cum journalist is also a Member of Working Committee of
Uttar Pradesh Chapter of Transparency International India and
Secretary of Society for Fast Justice Lucknow.

On 16-12-2014, Mr. Agarwal was not only humiliated but denied his
right to access information. The incident occurred within the
premises of Uttar Pradesh State Information Commission (UPSIC) which
is situated at 6th floor of Indira Bhavan at Ashok Marg in
Lucknow,Uttar Pradesh,India,pin code-226001.

Mr. Agarwal was sitting at hearing Room no. S-3 of Uttar Pradesh State
Information Commission (UPSIC) to present himself in the hearing of
second appeal number S-3/498/C/2014. Mr. Agarwal was humiliated by
Uttar Pradesh State Information Commissioner Mr. Arvind Singh Bisht
just for not standing-up before Mr. Arvind Singh Bisht when Mr. Arvind
Singh Bisht returned back from wash-rooms after attending his natural
calls in the midst of hearings. Mr. Arvind Singh Bisht not only used
derogatory words against Mr. Agarwal but got Mr. Mahendra Agarwal
thrown out of the hearing room forcibly by his peon and security
guards. This way Uttar Pradesh State Information Commissioner Mr.
Arvind Singh Bisht not only violated right to dignity of a right to
freedom of expression defender but violated Mr. Agarwal's right to get
information under R.T.I. act also. Since the hearing happens in open
hearing rooms fitted with CCTV cameras so all other appellants of
cases listed in hearing room no. 3 just before Mr. Agarwal's case are
witness to the incident and CCTV footage of the day is the most
befitting evidence that should be used while investigating the case.

Vide letter no. 2848 dated 16-12-14 ( Copy attached ),Mr. Agarwal has
reported the incident to Governor of Uttar Pradesh with copies to
Chief Minister of Uttar Pradesh, Chief Secretary of Uttar Pradesh and
Chairman of National Human Rights Commission of Uttar Pradesh. Mr.
Agarwal has made this violation public and reported the matter to a
web based news-site also. Web-News is available at given link.
http://satyamevindia.com/%E0%A4%B8%E0%A5%82%E0%A4%9A%E0%A4…/

Not only this Mr. Agarwal has reported the incident to the Incharge of
the concerned police station namely police station Hazratganj of
Lucknow district. Police department has done nothing in this matter
and no F.I.R. has been filed against the perpetrator.

A few months ago, in the month of April 2014, another R.T.I. activist
Mr. Ashok Kumar Goyal was humiliated and implicated in a false and
fabricated criminal case by Uttar Pradesh State information
Commissioner Mr. Arvind Singh Bisht. The case is in the court and
R.T.I. activist Mr. Ashok Kumar Goyal is now out on bail.

This is noteworthy to mention that Mr. Arvind Singh Bisht happens to
be Father-in-law of brother of Uttar Pradesh Chief Minister Mr.
Akhilesh Yadav and his appointment on the post of Uttar Pradesh State
Information Commission has been challenged in the Supreme Court of
India, for it being a political appointment based on favoritism
accorded by ruling Samajwadi Party of Uttar Pradesh to an undeserving
Mr. Bisht.

We are bringing forth this case where freedom of expression, human
rights defenders and humanitarian law are under attack in India. This
is a case where authorities have harassed and intimidated RTI
activists and human rights defenders. That, the Uttar Pradesh State
Information Commissioner has arbitrarily got RTI activist thrown out
of hearing and devoid him of his Right to information,this kind of
intimidation leads to massive censorship on free flow of Information
to the citizen and when the flow of information is suppressed, the
people's Right to know, seek, obtain, receive and hold information is
grossly violated.

Government of Uttar Pradesh has been slow to address many areas of
concern, and has demonstrated what appears to be a more hard-line
attitude in some areas such as restrictions on freedom of expression.
There is a worsening pattern throughout 2014 of harassment,
intimidation and target threats against RTI activists cum human rights
defenders, many of whom have been forced into exile so far as their
use of Right to information is concerned.

We are requesting you to take appropriate actions to ensure that the
government of Uttar Pradesh should establish a transparent regime of
working in public life and ensure encouragement to RTI activists cum
Human Rights defenders with no more humiliation to them at all. We are
also requesting your good-self to look into this particular case of
Harassment of RTI activist & Human Right Defender by Uttar Pradesh
State Information Commissioner and to initiate inquiry and take
subsequent punitive action against the said perpetrator as per the law
of the land.

Copy Being sent with humble Regards for necessary action to :
1- Mr. Michel Forst, Special Rapporteur on the situation of human
rights defenders, c/o Office of the High Commissioner for Human Rights
– Palais Wilson,United Nations Office at Geneva
CH 1211 Geneva 10,Switzerland urgent-action@ohchr.org ,
defenders@ohchr.org, jgaziyev@ohchr.org
2- The Chief Justice of India, Supreme Court of India, New Delhi.
"supremecourt" <supremecourt@nic.in>, "supremecourt"
<supremecourt@hub.nic.in>,
3- Sri Ram Naik – The Governor of Uttar Pradesh
Uttar Pradesh Government , Lucknow
Uttar Pradesh,India,Pin Code-226001
"hgovup" <hgovup@nic.in>, "hgovup" <hgovup@up.nic.in>, "hgovup" <hgovup@gov.in>,
4- Chief Minister of Uttar Pradesh, Uttar Pradesh Government,Lucknow.
"cmup" <cmup@nic.in>,"cmup" <cmup@up.nic.in>,
5- Chief Secretary of Uttar Pradesh, Uttar Pradesh Government,Lucknow.
"csup" <csup@up.nic.in>,
6- Director General of Uttar Pradesh Police uppcc-up
<uppcc-up@nic.in>, uppcc <uppcc@up.nic.in>, dgp <dgp@up.nic.in>,
dgpolice <dgpolice@sify.com>
7- District Magistrate of Lucknow dmluc@up.nic.in
8- DIG Range Lucknow digrlkw@up.nic.in
9- SSP Lucknow ssplkw-up@nic.in
10- National Secretariate,Human Rights Defenders Alert – India,23,
West Park Street,Opp. to Thiru.Vi.Ka. Park,Next to Post Officer,Shenoy
Nagar,Chennai 600 030.Tamil Nadu
Phone:+91-99943 68540 E.mail: hrda.india@gmail.com, hrda.north@gmail.com

Sincerely yours,

Er. Sanjay Sharma
Founder & Chairman
Transparency, Accountability & Human Rights Initiative for Revolution
101,Narain Tower,F Block,Rajajipuram
Lucknow,Uttar Pradesh-226017
E-mail tahririndia@gmail.com
Mobile 9369613513
Letter No. : TAHRIR/11/2014-15/141218 Date : 18-12-2014

Complaint against Arvind Singh Bhist.pdf
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urgent-action@ohchr.org
<urgent-action@ohchr.org> Thu, Dec 18, 2014 at 10:50 PM
To: Sanjay Sharma <tahririndia@gmail.com>

Your message has been received and forwarded to the concerned mandate(s).

For information about the Special Procedures (Independent Experts, Special Rapporteurs and Working Groups) of the Human Rights Council, please visit:
http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx

For information on the Communications Procedure of Independent Experts, Special Rapporteurs and Working Groups, please visit:
http://www.ohchr.org/…/HRBodies/SP/Pages/Communications.aspx

For Information on contacting specific mandate-holders, please visit:
http://www.ohchr.org/EN/HRBodies/SP/Pages/Themes.aspx

Sincerely,

Special Procedures Branch
Human Rights Council and Special Procedures Divison
OHCHR

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(See attached file: Complaint against Arvind Singh Bhist.pdf)

Complaint against Arvind Singh Bhist.pdf
38K View as HTML Scan and download