HC hears PIL stating State Human Rights Commission
had taken action in a mere eight cases until last
year, despite receiving thousands of complaints
YOGESH SADHWANI ( Mumbai Mirror November 6, 2009 Pg
8)
The Maharashtra State Human Rights Commission (MSHRC)
may be the last hope of getting justice for those who
have endured violations by a public servant, but
according to a recent PIL,the commission has
done close to nothing in the nine years since its
inception.
Until June 2008, the commission had received 28,083
complaints. Grossly failing to meet its objectives,
however, it recommended action in a mere 39 of these
complaints , and action was taken in only eight of
these cases.
This is only one of the many shocking revelations
that emerged Thursday, when the PIL filed by
Dombivli-based businessman Pushkar Damle came up for
hearing in the Bombay High Court before the Division
Bench of Chief Justice Swatanter Kumar and Justice AM
Khanvilkar.
With the help of a series of documents obtained under
RTI from the commission, Damle has cited illegalities
committed by and at the instance of the members and
functionaries of MSHRC .
The PIL states, By their own admission as on
30/6/2008, the MSHRC received 28,083 complaints, of
which only 39 complaints were recommended for action.
In eight of these cases, some action was taken on
erring public servants by the State, but in the
remaining cases, no action was taken.
The members have not bothered on several occasions to
even intimate complainants whose cases they are going
to hear. The question that arises therefore is
whether such hearings were conducted at all, or if
this is a mere eyewash to misappropriate public funds
and defraud taxpayers.
In July 2007, Damle was told that 325 cases were
disposed in November 2006 by a member without any
hearing. But when he filed another RTI query a year
later, this number was reduced to 105. This, stated
Damle, showed there was no transparency and
accountability in the commission.
Stating that there
were also financial irregularities , the PIL
points out a case where a member claimed Rs
8,000 as conveyance for travel to Kolhapur
and back. The reason given was that the
member had visited Shirur Police Station,
even though Shirur and Kolhapur are in two
different directions.
In another case, a member travelled to
Aurangabad to conduct hearings. The RTI
reveals the member claimed conveyance of Rs
9,900 for hearings that did take place, but
the complainants had no clue of them.
[What actually must have happened, he
visited Aurangabad, met the police officers
against whom complaints were received,
extorted a bribe and closed the case. So the
complainants were kept in dark ... I K
Chhugani]
Similar irregularities have
been cited by Damle in medical bills claimed by
members.
MSHRC MEMBER JUSTIFIES HIS
STAND
A member of MSHRC, T
Singaravel, who had intervened earlier, submitted an
affidavit defending his side. But while doing so,
Singaravel confirmed irregularities in the
commission, strengthening Damles claim.
Singaravels affidavit states that he brought to the
notice of the chairperson of the commission five
cases of financial mismanagement in MSHRC . The
misappropriation included hiring of a vehicle for
five years from the same person without getting
competitive bids. He also cited how a contract of Rs
7 lakh was awarded for developing software for cases
registered with the commission for an unreasonable
amount.
The affidavit adds that on his request, the
government permitted special audit for 2001-07 ,
whereas a test audit for 2004-09 was done, suggesting
nobody was interested in exposing the irregularities.
Singaravel has also claimed that he had no hand in
any irregularity.
The State, MSHRC and Damle have been asked to file
their reply in two weeks.
All our information is based on RTIs and we will do
the needful within two weeks, said Damles advocate
Amit Karkhanis.
When Mumbai Mirror contacted Mafiul Hussain,
secretary of MSHRC, he said, I would have to look at
the affidavit filed by our member and other documents
before commenting on the issue.