By : M.S.Yatnatti: Editor and Video Journalist Bangaluru :Commissioner of police must initiate strong action against police officers who are routinely filing false FIR against RTI and social Activists in Bangalore when complaint does not disclose any commission of cognizable offence. Victimizing RTI and social Activists is against the law .First Information Report (FIR) can be filed immediately upon receipt of complaints if the information disclosed the commission of a cognizable offence and if it does not disclose the commission of a cognizable offence no FIR can be filed by Police. Few womans had complained to Sadashivanagr Police Station that Mallikarjuna L.S an RTI activists who had taken photograph of event at public place with the help of his friend to produce before lokayukta. And police filed FIR against him under 454(d) of IPC. As taking photos in India in a public place is not a crime under any section of IPC then why police officers at Sadashivanagr Police Station filed FIR 16/2015 under section 354 (D) and 506 against Maalikaujun L.S . The police itself are taking photographs of all citizens as it has put up several thousand CCTV Cameras all over Bangalore at many public places. All hotel owners and cybercafés and offices around Bangalore have put CCTV Cameras in all public places take your photographs. Taking photographs of things that are plainly visible from public spaces is a constitutional right of privacy is guaranteed constitutionally at private place and not in public spaces. Public spaces are not private or reserved property. Let everybody put CCTV camera in front of every house the crime will come down and terrorist activities will gradually stop all over as public will be constantly vigilant .As these cameras will act as deterrent .Wherefore taking photographs at public places is not crime and no FIR can be booked against Mallikarjuna L.S .FIR need to be quashed by police department or let the police file B-Report or Let Home department withdraw the false case by taking it to state cabinet. In a reported article quotes a lawyer who suggests this case is a slam dunk... as well as another who said there's no way the case gets anywhere, as there's nothing wrong with taking a photo of someone in a public place.
The Hon'ble lokayukta and Hon'ble Upa-lokayukta and police commissioneris 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 Mallikarjun 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 ofofSmt 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 Mallikarjun 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.