By : M.S.Yatnatti: Editor and Video Journalist Bangaluru : The Hon'ble lokayukta and Hon'ble Upa-lokayukta is requested to ensure that no person or a public servant who has made a disclosure or filed complaint before them is victimized by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry. The Whistleblowers Protection Act, 2011, is AN ACT to establish a mechanism to receive complaints relating to disclosure on any allegation of corruption or willful misuse of power or willful misuse of discretion against any public servant and to inquire or cause an inquiry into such disclosure and to provide adequate safeguards against victimisation of the person making such complaint and for matters connected therewith and incidental thereto. It is pertinent to note that police need to protect RTI Activists under whistle blowers Act as Mallikarjuna L.S is complainant to Lokayukta in respect of misuse of Public Park for commercial event by certain people on whose behalf Smt Indu Sreedhar has filed false complaint in Sadasivanagar Police Station and this is clear case of victimisation of the person making such complaint before lokayukta .The complaint given by Smt Indu Sreedhar in FIR 16/2015 AT Sadasiva Nagar Police Station is frivolous false in correct and misleading and clear attempt of victimisation of the person making such complaint before lokayukta .The presence of of Smt Indu Sreedhar and her colleagues with commercial equipments in the public park itself was illegal and that is what is allegedly photographed and submitted to Lokayukta .They are all suppressing the fact that Mallikarjuna L.S was the complainant before Loakyukta and the event organizers had given commitment to lokayukta that they will be committed to the undertaking given to lokayukta and as resident of the same area he have every right to use the public park as others do and as a responsible citizen he cannot allow any body to use public park for commercial purpose and distribution of liquor and wine in the public park and for that reason he took photographs with the help of a friend of event preparation happening without any permission of BBMP on that time and submitted it to Loakayukta ) which is legal and within permissible limits of decency. (Permission was only for one day only on 18-01-2015.The complaint amounts to harassments on the RTI activists who is exposing the illegal use of Public Park and Users/activists who are dedicated in bringing to some extent of Transparency & Accountability in the existing overall systems.
Mallikarjuna L.S was complainant before lokayukta and resident of areas he have every right to use the public park as others do and as a responsible citizen he cannot allow any body to use public park for commercial purpose and distribution of liquor and wine in the public parkand for that reason he took photographs of event preparation and Misuse of public park without valid permission of BBMP and (not of woman or children as alleged in the complaint ) happening without any permission of BBMP on that time and submitted it to Loakayukta. In a continuous, relentless and selfless efforts against the self-vested corrupt interests of the Society, he have been successful in bringing Transparency and Accountability to some extent under his limitations. But the self vested Corrupt interests under various disguises keep on attempting in all possible manners to silence their voices,fighting against them.The present of conducting the CARNIVAL * Expose , Fun and Food Festival etc.,is a live example of such practices, by tech rich and the privileged. We cannot allow commercial use of a public park by private organization.
People who expose corruption in government or irregularities by public functionaries can now be free of any fear of victimization. The Whistleblowers Protection Act, 2011, which provides a mechanism for protecting the identity of whistleblowers -- a term given to people who expose corruption -- got the assent of President Pranab Mukherjee on 09-05-2014 . Gazettle notification of the Act was issued on 12-05-2014. The Act also provides for a system to encourage people to disclose information about corruption or the willful misuse of power by public servants, including ministers. As per the law, a person can make a public interest disclosure on corruption before a competent authority -- which is at present the Central Vigilance Commission (CVC). The government, by notification, can appoint any other body also for receiving such complaints about corruption, the Act says. The Act, however, lays down punishment of up to two years in prison and a fine of up to Rs 30,000 for false or frivolous complaints. "Any person who makes a mala fide disclosure, knowing that it was incorrect or false or misleading, shall be punishable with imprisonment for a term which may extend up to two years as well as a fine which may extend up to Rs 30,000,” according to a gazette notification of the Act issued on 12-05-2014by the Ministry of Law and Justice. The Act says that every disclosure shall be made in good faith and the person making the disclosure shall provide a personal declaration stating that he reasonably believes that the information disclosed by him and the allegation contained therein is substantially true. Disclosures can be made in writing or by email or email message in accordance with the procedure as may be prescribed and contain full particulars and be accompanied by supporting documents, or other material, the Act states.However, no action shall be taken on a disclosure if it does not indicate the identity of the complainant or public servant or if "the identity of the complainant or public servant is found to be incorrect”. The Bill was passed by Lok Sabha on December 11, 2011 and by Rajya Sabha on February 21, 2014. Earlier, the CVC was the designated agency to receive complaints from whistleblowers under the Public Interest Disclosure and Protection of Informer resolution (PIDPI) or whistleblowers' resolution. The Department of Personnel and Training (DoPT) had directed all central government departments to designate a nodal officer in each ministry to look into complaints of corruption received from whistleblowers under PIDPI.