Hrc
sreenivasa reddy
(Querist) 13 November 2012
This query is : Resolved
I,SREENIVAS REDDY, am a native of Karimnagar District of Region in Andhra Pradesh.
After cross checking my past history, bonafides and selfless service to public causes one Delhi based National Organization by name N.F.F.C.I. (National Forum for Forces Fighting Corruption & Injustice) selected and named me as one of its “Activists”, ofcourse on honorary and voluntary basis only, in 1993 - Since then I was associating with the activities of that organization, in Karimangar District. The Head office of the “Forum” vide its letter dated 18.08.1994 (copy enclosed) entrusted to me the “Inquiry” in to the allegations relating to the illegal and fraudulent securing of Telephone connections, by many ineligible persons in the names of “FREEDM FIGHTERS”, by dubious means and obviously in collusion with the employees of the Telephone Department. In those days i.e. Way back in 1994 securing Telephone connections (only Landline connections were in vogue then but not Mobiles as of now) was very difficult and therefore many people in Karimangar District resorted to obtaining Telephone connections in the names of “Freedom Fighters” fraudulently and in some cases even without any application from them, or their knowledge, under “Swatantra Senani Quota” then in vogue, and briefly called SWS.
It may thus be seen that I did not do anything in this matter “Suomoto” but only enquired and collected the necessary supporting data because the “Forum” of which I was a loyal “Activist” issued me instructions in writing to enquire into the mater and submit a detailed report to it. After conducting the “enquiry” thus entrusted to me by the “Forum” I submitted a detailed report to the “Forum” only, but not to anybody else. On 5th November 1994. The following are the facts impartially and truthfully submitted by me in that report along with all the supporting data.
1. That there was widespread misuse of Telephone connections issued under “Swatantra Senani Quota” in Karimangar District, as out of 180 such connections issued by the Department, only 30 connections were found to have been installed at the residences of genuine Freedom Fighters i.e. those who had participated in the Indian Freedom Movement or “Telangana Armed Struggle”.
2. That on my verification 65 connections were found to have been installed at the residences/places of others who claimed be the “relations” of the applicant “Freedom Fighters” (Even if that claim is true, those connections can be classified as illegal/partial misuse, since the Swantra Senani Quota was meant for the personal use of the Swantra Senanis only) but not by / for others).
3. That in the remaining 95 cases, out of the total number of 180 telephone connections sanctioned and installed by the Department under Swatantra Senani Scheme in Karimangar District, were found to have been installed at the residences / offices / places of others, in no way connected with the Freedom Fighters and hence all these connections can be termed as illegal and fraudulent.
4. That in most of the above cases the connections were sanctioned and installed without any application from the concerned Freedom Fighters or even their knowledge and hence should be immediately de-sanctioned and appropriate action taken all the concerned.
Needless to add, that such illegal and unauthorized securing of Telephone connections could not have been possible without the willing collusion of the concerned Departmental field staff. Since as we all know no connection is supposed to be sanctioned without proper verification of the bonafides of the applicants and their signatures and addresses, etc. by the Departmental Staff.
On receiving my confidential report the N.F.F.C.I. immediately swung into necessary follow up action and issued a Memorandum-cum-Show Cause Notice to…
(1). Secretary, Govt. of India, Ministry of Telecommunications, New Delhi, (2). Chief General Manager, Telecom Department, New Delhi, (3). Vigilance Officer, Dept. of Telecom, Hyderabd, (4). The District Telecom Engineer, Karimangar. A copy of this letter was marked to me, directing me to liaise with the concerned Departmental officials in this matter. In the mean time, on 14th December 1994, a few facts pertaining to this “Scam” i.e. the widespread mis-use of Telephone connections in the names of Freedom Fighters in Karimangar District were widely published in Telugu newspapers and attracted the inevitable attention of al the concerned besides the general public. This might have forced the officials of the Telephone Department, who initially desired to sweep the entire scam under the carpet of Beaurocratic delays and tactics, and also protect the interests of their field staff who obviously colluded in the matter of securing illegal Telephone connections, to take some belated action atleast for the purpose of diverting or diluting further action.
One Telephone Department’s Vigilance Officer by came to me personally and met me at Karimangar in early 1995. He talked to me and asked me to provide him with the details of my “enquiry”. I readily obliged him and furnished him all the facts known to me. I also gave him a copy of my Enquiry Report submitted earlier to the “Forum” and requested him to do the needful. He promised me to do so and even appreciated my hard and sincere work for a public cause. But to my utter shock nothing happened for a very long time thereafter.
But still I was hoping that some action would be taken sooner or later. Then in 1996, one Sri P. V, C.B.I. Officer entered the scene, with a mission to harass me for the only “Crime” of unearthing a scam and punish me for the same but not the real culprits. Mr. P.V identifying himself as the CBI Officer came to me in person in 1996, and asked for the details of my “Enquiry” and also a copy of the Enquiry Report in good faith I gave him the only copy of that report, I had with me, as he had assured me to return the same after taking “copies”, which ofcourse he never did, despite many repeated requests. He had even exhibited his true colours and intentions by advising me to forget everything and mind my “business” and get out of all this “so called public service”. He had repeatedly threatened me that if I don’t heed to his advice he would ensure that my “business”, career and reputation, are all ruined in no time. I thought it would be futile to argue with him but firmly told him that I would pursue with the matter in my own humble way, which made him more furious and determined to ruin my life. To put it in a nut shell, his motto was “crush the complainant and protect the culprits”.
On knowing that even after all this confrontation, this malicious CBI Officer Sri P. V again came to me and told me that he had already booked a criminal case against me and the same would be dropped if I choose to be quiet, and I can thus avoid irreparable damage to my business, career, reputation and status etc. I naturally could not then understand how a criminal case could be made against a Complainant or a Whistle Blower like me, who committed no crime other than unearthing a scam. Thus I had underestimated the evil brain of this malicious CBI Officer who succeeded in manipulating/fabricating a false criminal case against me and made me to suffer for many years of the prime phase of my life as can be seen from the following sequentially narrated verifiable facts denoting a classic example of a “Fence eating the Crop”.
The malicious CBI officer P. V used to visit my house and business places in Telephone Department vehicle, on which a red label “CBI Officer” was being prominently displayed and tell everybody that I was under his investigation in connection with many offences of grave criminal nature. He had thus succeeded not only in lowering my dignity in the eyes of public but also in his efforts to adversely damage my business reputation as was threatened by him earlier. He only failed to dilute my determination to fight and continue to fight for a public cause despite personal ill consequences. However as my business at Karimnagar District was very badly affected as a result of his vengeful actions I was constrained to move out of Karimangar Town and shift to Hyderabad.
However after some time I moved back to my native place i.e. Karimnagar. In fact in order to feed my family I had to sell off all my assets. Then I started a students Hostel in Karimangar. When my new business was slowly picking up, this C.B.I. Officer P.V ( That time he was working in Vigilance & Enforcement ) redoubled his efforts to harass me and started to visit the Hostel frequently to scare the innocent boarders and thus spoiled my small business.
Then another C.B.I. officer by name Mr.V. S. accompanied by few Telecom Employees approached me on a mission to silence me and protect the guilty officials of the Telephone Department. Those officials then clearly told me that a criminal case was filed against me only by cleverly fabricating some evidence alleging misuse of a telephone connection by me in the name of a Freedom Fighter and no case was filed against any other Telephone officials. They further told me that the case was nearing final disposal. They also advised me that, I should in my own interests depose in the Court that no Departmental Employee was guilty of any kind of collusion. They also told me that they already spoke with the concerned Judge and “arranged everything”. So if I plead guilty of the charge, the Judge would only give me a nominal punishment i.e. imposition of a small penalty and close the case. They even assured me that even the refused to budge. I thought why should I plead guilty of a crime not committed by me. Further I had faith in the judicial system of our land. This continued till 2003. Then CBI official came to my hostel on 22-5-2003 and in the presence of many people created a high drama scene. They arrested me and produced me before the Court. The Court ordered my remand. Thus the CBI officials managed to ruin my reputation as well as business.
I was hopeful of an acquittal order if not directions to the CBI to proceed against the real culprits. But to my rude shock the Magistrate in his final disposal order did not pass any strictures against CBI for inaction against the real culprits i.e. those illegal telephone connections holders or the telephone department officials who colluded in this scam or for booking a false criminal case against the complainant and the whistle blower like me. Strangely enough the Magistrate awarded me 6 months imprisonment and a fine of Rs.1,500/- without properly analyzing the evidence before the Court disproving the charge against me or giving valid reasons for this shocking judgement. But of course may be due to the urge of his inner conscience he immediately granted me Bail and permission to file an appeal before a Higher Court. In this connection it may not be out of place to mention that some people in the know of things commented that this judgement dated 16–04-2012 was a result of the influence of CBI. Whatever be the truth, the greatness of our judicial system was proved by the District Sessions Judge who dealt with my appeal and passed acquittal order within very short time. He quashed the lower Court’s orders inflicting punishment on me and also passed strictures against the investigating officers.
The Higher court vide its judgement dated 15-07-2012 not only quashed the Lower court’s order and honourably acquitted me but also made the following significant comments which speak volumes of the manipulations of the CBI officers for protecting the actual guilty persons and also about their vengeance against me in cooking up a false criminal case for not heeding to their advice to keep silent.
1. Why and how one (referring to me) would complain about illegal connections if he himself had secured one such, as falsely charged by the CBI
2. Why no investigation / action were taken up by CBI against the Departmental officials who colluded with others in securing the illegal connections and others who facilitated the same?
The following additional facts need to be narrated to explain the lapses and manipulations on the part of the CBI and particularly the malicious official Mr.P. V and how I was harassed by him for 17 long years.
1. In the FIR dated 29.03.1996 registered after a long delay, it was indicated as suomoto action by them, whereas consequent to the follow up action taken by NFFCI on my enquiry report it was directed by Government to investigate into the lapses of the Telephone Department officials and others, in the matter of illegal securing of Telephone connections in the names of Freedom Fighters in Karimangar District. This can be seen from the letter dated 25.11.1994 addressed to B. Venkataratnam, Vigilance Officer of Telephone Department, a copy of which was secured by me under Right to Information act. Therefore it was not suomoto action. But strangely enough the CBI and particularly its official Mr. P.V. worked to protect the erring officials and also to harass and crush the complainant i.e. myself.
2. In the column of the FIR for indicating the names of the Complainants it was falsely mentioned as State Special Police and Establishment. The Investigating Officer P. V falsely deposed before the Court that the case was registered suomoto as per the instructions of the superior officers. It is therefore obvious that the instructions were to crush the Complainant but not the culprits.
3. In the column of the FIR for noting the names and addresses of the accused it was casually mentioned as “Commercial Staff of the Telecom Department and others”. My name was not there at all. Further no investigation whatsoever was taken up against the staff of Telephone Department and the CBI officer worked overtime to cook up a false criminal case against me and also to ruin my life.
4. The charge sheet was belatedly filed on 14.08.1997 after a very long delay of 17 months after the FIR was registered, far exceeding the permissible time frame.
5. No charges were framed against the Departmental Staff but a cooked up charge of misusing a Telephone connection Number 2241 in the name of a Freedom Fighter was made against me. In fact as per the information provided to me under RTI Act by BSNL (copy enclosed) no such telephone number was ever sanctioned or installed. But Mr. P.V. with a view to protect the real culprits and harass me with a false criminal case for very many years invented that number and produced fabricated evidence in support of that charge which ultimately failed in the court.
6. He had produced a fabricated application form of the Freedom Fighter in whose name I was alleged to have secured a telephone connection. The house numbers given in the charge sheet were also proved to be imaginary ones since as per information secured by me under RTI Act no such house numbers ever existed as per Municipal records and no change of address request by the applicant is in the records of the telephone department. All these speak volumes of the false nature of the cooked up charge against me. Thus I was harassed with a criminal case for 17 long years allegedly for securing a non-existing telephone connection at a non-existing place.
7. Though I was promptly attending the court whenever summoned, the CBI was adopting delaying tactics to prolong the case for so many years. As already narrated in the pre-pages I had to move out of my native place Karimanar to earn my livelihood. I even had to sell off all my assets to feed my family. Thus since 1993 when I had become an activist of NFFI, CBI harassed me and ruined my life for 17 long years for the only crime of unearthing the above mentioned telephone connections scam in Karimnagar District.
From the above mentioned facts, it can be clearly seen as to how the CBI and particularly its officer P.V worked overtime to protect the real culprits in fraudulently securing Telephone connections in Karimangar District in the names of Freedom Fighters and harass a sincere and hard working innocent man like me for 17 long years and also how they ruined my life and made me to suffer a very huge irreparable damage to my career, reputation and dignity all of which can never be adequately compensated.
My query is "Can i file a complaint at HRC against CBI/its Officials and for compensation"
Devajyoti Barman
(Expert) 13 November 2012
Go to the high court alleging the biasness of CBI so it may direct for trial in some other forum and for expeditious trial as well.
R.K Nanda
(Expert) 13 November 2012
contact local lawyer.
V R SHROFF
(Expert) 13 November 2012
Wish u best of luck.
Agree with Shri Barman & Shri Nanda.
Raj Kumar Makkad
(Expert) 14 November 2012
It shall be better for you to engage the services of a local lawyer and act according to his guidance instead of this general forum because your problem requires specific attension.
ajay sethi
(Expert) 14 November 2012
agree with experts
