Seminar on Right to Information in Orissa
Organized by District Level Coordination Committee (DLCC), Cuttack
On 13 April 2002 at Bharatia Tower, Badambadi, Cuttack

Talk by Sri Madhu Sudan Panda, Advocate, Orissa High Court

I see so many soldiers before me in this meeting. I call all of you as soldiers, because you people are prepared to fight for a cause, that is the cause of Right to Information. I myself didn't know that so many people are so much interested to campaign for Right to Information.

Why it became necessary to legislate a Right to Information law? It means that the citizens are getting deprived of their access to information and as a remedial measure the law of Right to Information is being proposed to be enacted. Justice Mishra says, the Right to Information though not an express provision in the Constitution is however implicit in the Fundamental Rights guaranteed to the citizens. In my opinion, Human Rights as guaranteed under the Article 21 of the Constitution do also include the Right to Information. The Supreme Court in several of its judgments held that, if a man doesn't know, how can he express an opinion. As you might further know, such august bodies as United Nations, National Human Rights Commission and National Press Council of India have been championing the citizens' Right to Information over the years. But the moot point arises, why such a right is not still available to us? The various political parties, who have been ruling the country one after another, don't want the people to know about their mistakes and malpractices. So they want secrecy to be maintained around the governance that they preside over.

As you know, Orissa is now burdened with a loan of Rs.25,000 crore. The situation has come to such a pass that the government is not able to pay salaries to their staff, let alone undertake new developmental programmes for the people. There is no doubt that the ruling politicians and bureaucrats have misappropriated this borrowed money along with the contractors. Otherwise where did this money go? If developmental programmes could have been implemented with this money, the development so made would be visible. No body can account for wastage of the huge some of money, so spent. For instance, there is no teaching done in a school, but the teacher takes his salary regularly.

The Right to Information shall empower you to demand, 'This is the money sanctioned for a specific purpose. We have a right to know, where this money went?' Only when you come to know the facts, then only you shall be able to remedy a problematic situation. You might also go to the Court of Law for seeking the necessary remedial measures. So many people came to me for filing cases against corruption. I always told them to collect necessary evidences in support of what they complain about. But most of them couldn't collect evidences. Where from the evidences would came? The Government officials don't disclose anything that might leak out their corruption. Despite the declaration by the United Nations, National Human Rights Commission, Supreme Court of India, Chief Vigilance Commissioner, Press Council of India and the Constitution, the government officials are still maintaining secrecy.

Of course we and our ignorance are responsible for such a malady. No Chairman of Zilla Parishad knows, what are the laws he is supposed to deal with. An MLA or an MP hardly knows what are the laws of the country and what changes are necessary. Do they properly participate in the debates in the house? As a matter of fact, the people who occupy various positions of power are not fit for it. They have somehow achieved it by way of manipulation.

As voluntary workers you are working for the people on various fronts, but if there be no transparency in administration, how can you advance the cause of people. And again, if you don't raise your voice, there won't be an end to corruption and exploitation. The time has come, when we need to build up pressure for getting the Right to Information Bill passed as soon as possible. I shall extend all sorts of cooperation to you in this matter.

Today's topic is as vast as an ocean. As you might know, the electric charges were increased notwithstanding the opinion of Shovan Kanungo Report to the contrary. The Government didn't make this report public. We prayed before the Orissa High Court for a study of this report. As per the order of Orissa High Court, the Government submitted the said report, which is now a public document. The question arises, why did the Government keep this report secret? When electricity was privatized, the concerned officers must have taken a lot of bribe. Bribes are also being paid for manipulating the energy bills. Now consumers are being made to pay for higher electricity bills to compensate for the theft of current by the high-ups. How far is it justified?

Now let me tell you about what happened during Justice Balakrushna Behera, Commission on Liquor Tragedy of Cuttack 1992? As you might know, Sri Loknath Behera, Inspector Crime Branch gave a report on the liquor tragedy, that didn't mention a crucial document i.e. Belu diary. I some how chanced to collect a copy of this report and prayed before the High Court to call for this report. Then serious arguments and counter-arguments went on for about a week as to whether it would be appropriate under the Official Secret Act to make the report public? At last I placed a copy of the report before the Judge and asked, if this be the copy of the report, how can it be an official secret? When asked, where from did you get this report, I replied that it was kept in front of my house on one fine morning and I collected it. The moot point is, whether the report is true or false, not where from one got it. The Judges out of their experience have realized that it was pointless to insist on the disclosure of the source of a report or a public document.

In view of the low standard of country's leadership who are elected by us, it is really doubtful as to how long the country would run? The government is not able to pay the salaries to its staff. More of such lapses would come to light one after another. In such a situation you, the voluntary organizations can render a yeoman's service to the cause of society by bringing in transparency in public life. I am and would remain with you in this struggle.