Validity of penal provision in case of wrong complaint against EVM’s deviant behavior challenged in SC

Is a threat of FIR in case of a wrong complaint against EVM’s deviant behavior justifiable? Can a person accused of any offence be compelled to be a witness against himself? We will get answers to these question after hearing of a petition in the Supreme court. Mumbai based Lawyer and RTI activist Sunil Ahya has challenged the validity of the penal provision in case of mismatched voting. Ahya mentioned this petition before Chief Justice on 24 April. Court ordered to list the matter On 26 April however on that case was not listed hence Ahya again mentioned it on 26th and court ordered to list it on 29th. So petition may be admitted on 29th of April.

Ahya has prayed Supreme Court to set aside Rule 49MA of the Conduct of Election Rules, 1961 except for the procedure prescribed for purpose of creating a statistical record of the complaints; and to register the complaint of any deviant behavior of the electronic machines/equipment used in the process.

There may be counter arguments on the complaint that ‘Press Any EVM Button and vote go to an unintended candidate”. But the political leaders like Sharad Pawar, Arvind Kejriwal, sushilkumar Shinde, Akhilesh Yadav, Mayavati and thousands of other people across India have complained outside polling booths about EVM VVPAT vote mismatch. However, not sure if machine’s behavior during test vote & scared of facing FIR, no one except one in Sangli of Maharashtra challenged mismatched vote under section 49 (MA) of election rules. 

Even ex DGP of Assam alleged EVM tampering after casting vote but didn’t dare to complain. This needs to be changed. The person casting vote should be sure of his vote has gone to the intended candidate only. If there is doubt in his mind it should be cleared immediately. 

Rule 49MA of the Conduct of Election Rules, 1961 mandates elector to give declaration in case of mismatched voting. This rule read with section 177 of the Indian Penal Code, criminalizes the reporting of deviant behavior of EVM & VVPAT. After complaint of mismatched voting the presiding officer if an elector after having recorded his vote under rule 49M alleges that the paper slip generated by the printer has shown the name or symbol of a candidate other than the one he voted for, the presiding officer has to obtain a written declaration from the elector as to the allegation. And after such declaration is obtained the Presiding Officer then permits the elector to record a test vote in the voting machine in his presence and in the presence of the candidate or his representative.

Also, is it fair and just to charge an elector for reporting such deviant behavior and to ask himself to be a witness against himself? As per article 20(3) of the Constitution. No person accused of any offence shall be compelled to be a witness against himself.

This all system puts the burden of proof on the elector, who has to face the criminal charges irrespective of whether that reporting is truthful and honest. This deters an elector from coming forth and making any complaint. This system also gives clean chit to the machine against which complaint has been made. Faulty machines sometimes may also record correct results. And that is the reason people don’t dare to complain even if they are sure of deviant behavior of EVM. Hence should be allowed to complain without fear of any action against him. 

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EVMsmay not be but the system is vulnerable to fraud ...

Pune Civic Polls; system admits mistakes, terms it "human errors" 

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DSK is proud of his Sins but investors are in hell

DSK is proud of his Sins but investors are in hell .

Yes , that’s true !

DSK’s downfall began when they started diverting investor’s funds from their original business of real estate to other business. That was their first sin.

Then they started envying their original business of real estate and diversified (?) to other businesses.

However all of these businesses were milked by DSKDL only.

One of the DSK group companies’ is Talisman Hospitality services pvt. Ltd ( THSPL)

THSPL runs a restaurant cum night club called ‘Sin Envy Pride’ .It opens late in the evening.

Programs like Misbehave Wednesday, Thrifty Thursday, sinful Saturday, sinset Sunday are organised here. Many times free liquor is offered to Ladies.

This restaurant entity is very small compared to other DSK businesses.  However Reason behind writing this in detail is, like other business funds from DSKDL funds were also diverted to this restaurant.

DSKDL has signed an agreement with this restaurant for availing  restaurant/ hotel/ hospitality/ conference room services at the normal terms as offered to the independent customers up to an aggregate amount not exceeding  25 lac  rupees.

What would have the ordered from this restaurant which opens at 8 P.M

Though 25  lac rupees is very small amount but this is how DSKDL’s  crores of  were diverted to DSK Family’s private limited companies and partnership firms.

Here are some more examples of money siphoning

DSK Motors Pvt. Ltd –

1.            For Purchasing cars at prices at prevailing market rates at the value not exceeding `1 cr.

2.            For Availing spares and servicing facility for all the motor vehicles of Toyota make at the card rates offered by DSK Toyota at the value not exceeding 50 lacs.

D. S. Kulkarni & Company –

1.            For Sale of flats on c o m m i s s i o n calculated at the rate of 3% of the total costing of the project, total commission not exceeding  46,29,240/  (DSK Sadaphuli )

2.            For Sale of flats on c o m m i s s i o n calculated at the rate of 3% of the total costing of the project, total commission not exceeding  `1,68,63,860/- (DSK Chaitraban)

D. S. Kulkarni & Associates

1.            For Sale of flats on c o m m i s s i o n calculated at the rate of 3% of the total costing of the project,total commission not exceeding 1,68,90,380/- (DSK Pushpaban)

DSK Global Education and Research Ltd.

1.            For Sale of flats on c o m m i s s i o n calculated at the rate of 3% of the total costing of the project,total commission not exceeding ` 1,74,86,670/- (DSK Anandghan)

DSK Global Education and Research Ltd

1.            For Availing cafeteria facility for an amount of ` 100/- per day, per head at the normal terms offered by the said DSK Global and on an arm’s length basis at prevailing market prices, for an aggregate amount not exceeding ` 40,00,000/- ( DSK Dream City)

DSK Worldman Projects –

1.      1.  for Sale of flats on commission  calculated at the rate of 3% of the total costing of the project, total commission not exceeding  47,83,485/-

You will find entire list of money siphoning in  the year of 2015 -2016 here

Interestingly company having in business of real estate does its own office . It has taken premises for offices on rent from D S Kulkarni & Associates, D S Kulkarni & Company and Hemanti Kulkarni etc.

And off course heavy rent is being paid as rental amount to these entities

Since DSk scam has been exposed there is flood of rumors and misleading statements on social media.

Now the scam has taken interesting but dangerous turn. There are hardly any chances that investors wiil get all their money back.

However DSK well-wishers and supporters are turning blind eye on naked facts.

It has been now crystal clear that DSK’s liabilities are far more than his assets .

DSK’s liabilities are around 6,000 Crore rupees   ( six thousand crores) while his assets are not more than 1,000 Crore ( One thousand crore  Rupees)

Secured charges of all the banks on DSK and their Private limited Companies are around 2992.84 Crore ( Two Thousand nine hundred and ninety two crores rupees) .

This is not exaggerated figure this information is available on website ministry of corporate affairs .

Apart from that DSKs partnership firms must be having loans and liabilities, but that info is not available.

DSK’s partnership firms include DSK & Co, Amit & Company, Gharkul, Rasa Group, D.S. Kulkarni & Brothers,  D.S. Kulkarni and Sons, DSK & Sons, D.S. Kulkarni & Company, D.S. Kulkarni & Associates, DSK & Associates, DSK Sales & Services

Besides that fixed deposits from public estimated at around Rs1,000 crore, unsecured loans of Rs1,100 crore, non-convertible debentures (NCDs) of Rs140 crore, statutory liabilities of Rs100 crore, money received from customers Rs815 crore.

This total goes to more than 6,000 crores ( six thousand crore rupees)

DSK’s assets are not more than  1000 Crore rupees. 

However for sake of argument if we agree with DSK supports that his assets are worth 1800 crore rupees even than that is not sufficient to clear bank loans . 

Then Forget about returning investors money.

Instead of facing truth they are busy in spreading rumors and misleading other investors.

On last hearing on D S Kulkarni’s anticipatory bail in high court APP has categorically submitted that the Investigating Officer has just now arrived in the Court and he has to take instructions and peruse the record. And at his request case was adjourned till 17 November .

Till then interim relief was granted to DSK   and condition was imposed on him that he shall not tamper with the evidence and/or pressurize or threaten the prosecution witnesses.

However immediately after hearing news appeared on social media as if court itself asked DSK to come with concrete proposal.

What could be the reason behind spreading such news ?

One thing is clear for DSK legal option of getting rid of this situation have become narrower , hence he is finding emotional option.

Immediately after HC hearing DSK supporters became active they started signature campaign to support him. Started calling people to convince them.

Even DSK also became active on social media appealing investors.

However these things are not going to work for DSK.

Whether he gets or not anticipatory or regular bail is not going to affect case, it will continue.

Another funny thing is , the DSKDL’s board meeting scheduled on 14^th November for the quarter ended 30 September 2017 and Annual General Meeting for FY2016-17was postponed indefinitely .

The reason given for postponement was interesting , It said ““A complaint has been lodged by the deposit holder with the EOW of Maharashtra Police in connection with non-refund of deposit by two promoter group entities. The promoter group entities are not this listed company. In the process of investigation, the EOW has taken into custody, the accounting, secretarial and other records, both physical as well as electronically maintained, of the group entities including this company. The appeal for release of records by EOW is been made and is in process of preparation.

FIR was filed against DSK on 28^th October .

The police searched DSKDL properties on 2^nd  November.

Even then in pune special court submitted proposal to return invertors money in High Court also he is ready to submit proposal.

On both these occasions DSK didn’t find any difficulty in submitting proposal despite record seizures.

But for Board and AGM meeting he finds difficulty.

Reason is obvious!

If they conduct AGM then audit report will have to be submitted and if last years audit report is out Pandora’s box will open, because auditors have already clarified that they were not satisfied with the accounts submitted by DSKDL and also put question mark on companies’ ability to continue business.

Now its up to DSK's investors to open eyes ot to keep faith on rumors.

Already more than 3000 complaints ave been filed against DSKs in all over Maharashtra.

Government of Maharashtra has also decided to appoint a single monitoring agency to look in into progress of the probe and to rope in multiple agencies like RBI , SEBI , RoC. 

One thing is for sure as money involved in DSK scam is huge !

However that money has not been vanished in air.

It must be somewhere 

And only way to find out that money is Maharashtra Protection Of Interest Of Depositors Act (mpid) Act !

Related Stories

Is DSK exploiting Investors, FD holders and flat buyers ?

DSKDL public Limited Company or Criminal Enterprise?

For More on DSKDL scam read Marathi blog here

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Nagpur Police seize scammer builder’s Property worth Rupees 40 Crores

In an interesting development Economic Offences wing of Nagpur police has seized property of high profile builders  worth Rupees 40 crores. Normally police and even courts doesn’t consider such cases of criminal nature they put it under carpet of civil cases.However in this case police not only registered this case under section 420 of IPC but also successfully seized  builders property.

It is alleged that Mukesh Jham and  Hemant Jham have created one of the biggest real estate scam in Nagpur running into several crores. So far they have looted hundreds of middle class customers of their lifetime savings. There are more than 100 complaints filed against them in sonegaon police station of Nagpur. People have  also started online petition against them.

In this instant case  one  Shrikant Ramchandra Janbandhu resident of Samta Nagar, Kumbhar  Toli finalized to purchase the row house No. 101 for the consideration  amount of Rs.11,99,000/­ and he paid Rs.2,39,800/­ as part payment  to the applicant and agreement to that effect was executed on  01­11­2011.  In the said agreement, the applicant had assured that he  will give the said row house within 18 months. However after not getting  possetion even after 4 years he filed FIR under section 420 IPC i.e cheating.

Jham Builders  had undertaken the   development and  construction of Khasara No. 108 and 109 of Patwari Halka No. 46 at  Mouza   Waghdhar, Taluka Hingna.  They had  invited the willing purchasers  to invest their amount for booking of the flats and row houses.   However they could not complete the project in time. They gave explanation that the suit land comes under Metro Region and  therefore,  had sought the permission from Nagpur Improvement Trust  to clear this land and for this, the construction work was  started belated  because the sanction of Nagpur Improvement Trust was mandatory to  complete the scheme of row houses and flats.  

Not satisfied with builders explanations Shrikant  Janbandhu and others filed a FIR with sonegaon police station. The court had also assumed that matter was of civic nature and also criticized Police for relying  rely upon the submission of the applicants. However Police later on successfully seized Jham builders property.

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Interestingly Hemant Jham was thrashed and kidnapped from his office over money matter by 4 persons from Somalwada area in 2016 i.e after filling of FIR against him in sonegaon Police Station.. However the same sonegaon police in swift action,  not only rescued the builder but also arrested the four abductors within hours.

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Former Union Minister for textile k. Sambasiva Rao booked along with 33 others in Temghar dam leakage case

It is now crystal clear that members of  all the major political parties are involved Temghar dam leakage case . Though former union minister of textiles  Kavuri Sambasiva Rao and 33 others have been booked,  It is alleged that  the company Soma Enterprises Limited that proudly received an award for excellence in Temghar masonry Dam award at the hands of Nationalist Congress Party Leader(NCP) and then irrigation minister Ajit Pawar has been being spared intentionally. Contractor, hotelier, and power-broker Avinash Bhosale, who has many political contacts is believed to be closely associated with Soma enterprises

Soma proudly announces that it has completed Temghar dam project but its name doesn't appear in FIR or any other report .Interestingly Ishwar chaudhari  Superintending Engineer of the Water Resources Department who hadn't mentioned names of soma enterprises and progressive construction in his technical paper submitted to the first dam safety conference held in Chennai in 2015 have been promoted to chief engineer immediately after FIR has been filed. Chaudhari had named only Srinivas constructions in his paper .And where about of Srinivas constructions are untraceable.

In Temghar Dam leakage case in Maharashtra, the Pune rural police have lodged a first information report against 25 government officials and nine people from two private firms (Progressive Constructions Ltd  and Srinivas Constructions)   for allegedly using substandard material and misappropriation of funds meant for construction work  at the Temghar Dam in Mulshi taluka of Pune district.The  case has been registered  under sections 406 (criminal breach of trust), 409 (criminal breach of trust by public servant), 467 (forgery),468 (forgery for cheating), 471 (using forged document as genuine), 420 (cheating), 120B (criminal conspiracy) of the Indian Penal Code.

Kavuri Sambasiva Rao was a contractor and owns Progressive Constructions, which has executed several mega infrastructure projects. The company has bagged multi-million rupees contracts from the governments. Rao was long time Indian National Congress ( INC)  associate and had joined Bharatiya Janata Party (BJP) in 2014. The World Bank has banned progressive Constructions for a period of 11 years( I.e up to 2024)  for fraudulent practices in execution of three road contracts of the National Highway Authority of India (NHAI), such sanctions when imposed do not allow the company and any legal entity involved with it to work on any of the contracts where World Bank is engaged .

All other agencies were supposed to take serious note of this development while awarding any contracts. However in India when a company is associated with the member of political party nothing matters. As well employees from around 10 banks had staged a protest in front of Progressive Constructions Limited (PCL) owned by Kavuri Sambasiva Rao alleging that the company has not repaid loans amounting to hundreds of crores.

Soma enterprises Ltd is another company involved in the Temghar Dam Leakage case.Office bearers of it being closely related to NCP and INC,it is obvious that its name doesn't figure in FIR because it . Soma belongs to Contractor, hotelier, and power-broker Avinash Bhosale. SOMA has completed Nira Deoghar Earth Dam, Prakash Barrage Project, Purna Project, Takari Pump House, Tarali Dam, Bhosa - Khind Tunnel and Approach Canal and Temghar Dam projects.And its ongoing projects Babhali Barrage , Dhapewada Barrage , Digras Barrage , R.C.C Dam across Vaitarna River and IV Mumbai Water Supply Project ( Mumbai Municipal corporation project where Shiv Sena BJP Rules).

Interestingly then BJP leader Devendra Fadnavis had  released portions of chitale committee appointed to investigate the irregularities in the state's irrigation projects. He had  put the onus on deputy CM Ajit Pawar and members of the governing council of the irrigation corporation for the irregularities in the state's irrigation projects. However now the way things are taking place it is hardly that anybody really involved in the irrigation scam or temghar leakage case will be brought to the justice.

The case has been registered against

Srinivas construction pvt ltd

1) V. D. Naidu

2) shree. D . nivas

3) smt D.laxmi kantamma

4) smt V Hema Malini

5) Venugopal Choudhary

6) shree T. V. rammaiyya

7)D Babu

Progressive construction pvt Ltd

8) K. Sambasiva Rao

9) M Rajendra prasad

Other officers related to work

10) R. V. Javdekar ( Executive engineer) 

11) C.S.deokar ( Executive engineer) 

12)S.L. Vaidya ( Executive engineer) 

13) A.S.More ( Executive engineer) 

14) D.S.Godse (sub-divisional engineer)

15) J.N.Lolap (sub-divisional engineer)

16) S.M.Patil (sub-divisional engineer)

17) R.B.Galiyal (sub-divisional engineer)

18) S.A.Pawar (sub-divisional engineer)

19)V.K.Lomate (branch engineer)

20) V.G.atre (branch engineer)

21) S.A.Tilekar (branch engineer)

22)V.G.Ganhawade (branch engineer)

23)B.M.Dhere (branch engineer)

24)V.R.Shinde (branch engineer)

25) R.R.Takwale (branch engineer)

26)T.A.Deshpande (branch engineer)

27)R.D.Patil (branch engineer)

29)S.D.Kokate (branch engineer)

30)A.V.Ghodake (branch engineer)

31) R.V. Pimlodkar (branch engineer)

32)J.Y.Suryavanshi (branch engineer)

33)S.K.Dhamankar (branch engineer)

34)A.G.Tantak (branch engineer)

Related Stories

Temghar dam leakages, who is really responsible poor construction quality and bad workmanship ?

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Custodial death, family obtains information under RTI, files writ, Court orders government to pay compensation

Bombay high court recently awarded cost of rupees five lacs to the deceased under trial prisoner’s family. The family had obtained the relevant information under the Right to Information act and had filed a criminal writ petition in Aurangabad bench of Bombay High Court. Recently Government of Maharashtra has complied with court’s orders.

Under trial prisoner Namdeo Vaijanath Sable died in Beed central jail. He was lodged in jail as per orders of judicial magistrate, majalgaon. On 28.3.2009 at about 2.00 a.m. Namdeo started vomiting. He was taken to Civil Hospital but was declared dead. Only thereafter the incident was informed to the Namdeo’s family. In the post mortem report doctor gave opinion that Namdeo died due to head injury. Subsequently FIR was lodged.. The employees at the prison had beaten Namdeo; he sustained head injury and died.

Namdeo’s wife made several representations that her husband had been killed in the prison, however as usual nobody heard her pleas.  The newspaper reports also claimed that Namdeo died due to negligence in giving medical attention. When in spite of representations to various authorities, nothing happened,  Namdeos family filed application under Right to Information Act and obtained copy of FIR and medical report. Due to this information it was confirmed that cause of death was head injury.

Custodial Death Photo Courtsey Dnaindia.com 

Then Namdeo’s family filed a criminal writ petition in Aurangabad bench of Bombay high Court. High Court held that when a prisoner enters the prison, he is responsibility of the State. He has to be protected by the State from other inmates in the cell and even from the prison officials.

High Court also observed that, there is no reason why the State should not have cameras including night vision cameras, to cover all portions of the prison other than the changing room and toilets. There is no reason why, when such incident takes place, the State is unable to show from scientific evidence of video recordings as to what exactly happened when the victim is alleged to have slept in the cell along with other prisoners.

  

Video recording can show the truth. If the State fails to make provision to make such scientific evidence available, the State cannot escape the liability whenever such death occurs while the person is in the custody or in the prison. There is a tendency between jail officials to protect each other when one of them is responsible. The other inmates in the prison can be intimidated or for various reasons, their silence can be procured when prison officials are involved in atrocities on any inmate.

Photo Courtsey newindianexpress.com

HC also directed the State Government to consider inquest report recorded by Executive Magistrate Abhay Devidas Mhaske and read the same with the post mortem report and looking to the manner in which this inquest panchanama was recorded, take suitable action against the Executive Magistrate for his approach while recording the inquest panchanama which was either negligent or a conscious effort to shield those who were guilty at the prison

Photo Courtsey Yashada.org

Court ordered to pay compensation of rupees five lacs to the petitioners,  however left it at the liberty of   State  to recover the amount of compensation, interest and costs as directed to be paid, from respondents   i.e then jailor Dattatraya Devrao Sonawane, Havaldar  Ramesh  Tarachand Devre and Jamadar  Babusing Devrao Solunke  or such other officials as it may find to  be responsible.

High Court also asked to deposit compensation amount with interest and costs within two months from the date of  judgment i.e. 14 July 2015 , accordingly stategovernment has issued GR in that regard on 3 October 2015 . However GR doesn’t mention anything about recovering of said cost from anybody. Meanwhile  jailor, Dattatraya Devrao Sonawane has been sentenced to  5 years of  Jail term by district and sessions court of Beed on 25 September 2012. 

Related Stories 

Custodial Deaths Row,Maharashtra Government fails to install CCTVs in Police stations

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To protect fellow officers, Government Officers tend to frustrate the basic intention of RTI - Mumbai High Court

Mumbai  High Court recently ordered State Government of Maharashtra to File FIR in case of missing file, passed serious strictures and also awarded 15000/ ( Rupees fifteen thousand ) as cost to the applicant Vivek Kulkarni. The high court ( WP NO 6961/2012) also said  the case in hand was  a classic example, as to how the Government officers  for  protecting their fellow officers tend to frustrate the basic intention of the legislature behind the enactment of the Right to Information Act, 2005.

Brief history of the case

Mr Vivek Kulkarni had filed an application dated 5th September, 2008 with Urban development department of Maharashtra ( UDD)  the  for seeking information under the RTI  in respect of the Government Resolution dated 21st August, 1996. The said resolution was pertaining to the release of various lands in and around the vicinity of Sangli city which were acquired by the Government under the Urban Land (Ceiling and Regulation) Act, 1976. He had sought information about the Government notings and other documents on the basis of which the said Government Resolution was issued. The details of the lands released on the basis of the said Government Resolution were also sought.

By a communication dated 22nd September, 2008 UDD informed the Petitioner that the required information sought for by the Petitioner is pertaining to file No. ULC/1089/2123//ULC- 2 which was not available on the record of the Urban Development Department and therefore, the said information cannot be furnished to the Petitioner. By the said communication dated 22nd September, 2008 it was informed to the Petitioner that the other information which was sought for by the Petitioner vide his point No.4 in his application dated 5th September, 2008 is in connection with the office of the Deputy Collector and competent authority, Sangli and the said application to that extent has been transferred / transmitted to the said authority for further action in the matter

Aggrieved by the said decision mr. Kulkarni then filed first appeal with  the Appellate authority (FAA)  Deputy Secretary. FAA partly allowed the said appeal thereby directing the Information Officer along with the Section Officer ULCA-2 to take search of the concerned file bearing No. ULC/1089/2123//ULC-2 and to submit the file or information in connection with the file to the Petitioner immediately . It was further directed to the Deputy Collector and Competent Authority, Sangli Urban Agglomeration to provide the information in respect of the lands returned to the owners as per the Government Resolution dated 21st August, 1996. FAA had observed that as the Government Resolution dated 21^st August, 1996 was  a policy decision taken by the Government. FAA also observed that the information which was sought for by the Petitioner was not available with the Public Information Officer and therefore the said information was not made available to the Petitioner and the Public Information Officer did not have any intention to deny the said information sought for by petitioner .

Petitioner then filed second appeal with pune bench of information commission (IC). The then  IC Mr.Vijay Kuvalekar had orally directed the Public Information Officer and the First Appellate Authority to take all the steps for tracing out the necessary and required files and also directed  that in case the said files were not traced out then to register offence / criminal complaint against all the concerned as contemplated under the provisions of the Maharashtra Public Records Act, 2005 and to submit a report to the IC.IC then its order recorded its  conclusion that the documents in respect of which the information was sought by the Petitioner were required to be preserved as the same were public documents within the meaning of the Maharashtra Public Records Act, 2005. It was observed that the fact that the said public record is not available was serious and it amounts to denying information on decisions taken by he state to citizens.

IC also directed to initiate action against all the concerned by registering an offence under the MaharashtraPublic Records Act, 2005. The said direction was issued to Mr. Suresh Kakani ( Joint secretory Government of Maharashtra ) by specifically mentioning his name and compliance report was sought thereon.

As the information commissions order was not complied with Mr.Kulkarni filed a writ in Mumbai High court. In an affidavit filed by Mr.Suresh Kakani in high court  it was  revealed that, instead of submitting the compliance report of the order passed by the State Information Commissioner, the Respondent Deputy Secretory  had only given several excuses and the difficulties which he has allegedly faced while attempting to comply with the order passed by the State Information Commission.

High Court also observed that

1) Directions which were  issued by the State Information Commission in the order had been casually treated by the Respondents.

2) That affidavit files by Mr.Suresh Kakani was conspicuously silent about the registration of the First Information Report and/or the criminal complaint against the concerned persons. He himself had tried to give a clean chit to all the concerned including himself. This approach of the Respondent No.3 Mr.Suresh Kakani is reprehensible and cannot be countenanced. HC was also not  satisfied about the fact that the State had made genuine efforts to comply with the order dated 18th August, 2011 passed by the State Information Commission.

3) Mr.S.K. Salimath ( Deputy secretory UDD government of Maharashtra) instead of implementing the order passed by the State Information Commission in its true letter and spirit has proceeded to give a go-bye to the order of the Second Appellate Authority. Mr.S.K. Salimath on his own has come to a conclusion that it was very difficult for his department to fix the responsibility on any member of the staff for misplacing the documents in question.

4) While exhibiting over enthusiasm, Mr. Salimath has taken to himself the task of the investigator and the fact finding authority. He has made a bold statement  that since no deliberate attempt by any officer or employee of his department to purposely misplace or destroy the record in question has been noticed, the department has not lodged any criminal complaint against any member of the staff

5) Mr. Salimath has exceeded his jurisdiction and has tried to overreach the order passed by the State Information Commission dated 18th August, 2011. Mr. Salimath has no authority to decide nor to register an offence. Mr. Salimath was expected to follow the order passed by the State Information Commission in its true letter and spirit.

6) Respondents cannot be allowed to raise or take a spacious plea that the order passed by the State Information Commissioner dated 18th August, 2011 cannot be complied with. The State Information Commissioner has passed the said order which binds the Respondent No.3.

7) In view of the clear direction issued by the Second Appellate Authority, they were bound to set criminal law in motion as the documents could not be traced within the stipulated time.

HC directed Deputy secretory UDD  to set the criminal law in motion as directed under the judgment and order passed by Information commission

HC further directed that after the First Information Report is registered by the State of Maharashtra, the investigation shall be completed as expeditiously as possible and preferably within the period of six months from the date of registration of the First Information Report. The concerned Commissioner of Police shall consider of entrusting the investigation to an officer of a higher rank and not below the rank of a Deputy Commissioner of Police

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