Haryana to provide security to whistle blowers and RI activists

by Haryananewswire

CHANDIGARH, OCT 9

The Haryana Government has notified a policy to provide security to Whistle Blowers and Right to Information Activists.

          While stating this here today, an official spokesman said that corruption being a social evil, which prevents proper and balanced social growth and economic development, one of the impediments felt in eliminating corruption in the Government and public sector undertaking is lack of power or willful misuse of discretion which causes demonstrable loss to the Government by a public servant.

          He said that a whistle blower could be a person who makes a complaint or expose any Government office or undertaking or company about an attempt to commit or commission of an offence under Prevention of Corruption Act, 1988. Also, willful misuse of power or discretion by virtue of which demonstrable loss is caused to the Government. Also, an attempt to commit or commission of any criminal offence by a public servant. Similarly, the Right to Information Activist would mean a person who may be under threat due to his continuous effort to seek information regarding corruption or corrupt practice or malpractice or criminal offences in any Government office, undertaking or company and may or may not be a whistle blower.

          As far as procedure for providing security is concerned, a Whistle Blower or Right to Information Activists or Complainant or Witness in serious case who has threat perception of danger to his life or liberty may submit an application to the District Level Committee through the concerned Commissioner of Police or District Superintendent of Police. On receipt of such application, the District Level Committee shall make an inquiry of the threat perception and shall also call a threat analysis from the concerned District Inspector of Police, Criminal Investigation Department and such other authorities or office as is considered necessary. Keeping in view the intensity of or assessing the threat perception depending upon the facts and circumstances of each individual case, security shall be provided to the Whistle Blower or Right to Information Activists or Complainant or Witness in serious case. The quantum and type of security would be decided by the District Superintendent of Police. This process shall be completed as expeditiously as possible but should not take more than one week.

          If the threat analysis shows that there is no specific threat to any applicant than the application filed, a copy of application along with threat assessment reports and decision of District Level Committee shall be sent to State Level Committee for persual. They shall be competent to order provision of security if they are satisfied that there are grounds to do so.

          The Security provided to Whistle Blower or Right to Information Activists or complainant or witness in serious case may be increased or decreased or withdrawn depending upon the threat perception review or report by the concerned authority which shall be carried out after every six months or at the earliest, as the circumstances so require.

          The concerned Commissioner of Police or District Superintendent of Police shall send a proposal for approval of security covets to Whistle Blower and Right to Information Activist or complainant or witness in serious case for ratification to the Director General of Police, Haryana or Chief of the Intelligence of State within three days of providing security alongwith detailed reason and threat analysis reports. The State Level Committee shall decide the same expeditiously and usually within a week.

          Any misuse of security provided shall be viewed seriously and remedial action shall be taken forthwith including recovery of cost and other appropriate legal action as per law.

          A Special Cell shall be created for processing the requests of security and for monitoring the investigation of case registered against the Whistle Blower or Right to Information Activists or complainant or witness in serious case which in the opinion of State Level Committee has been got registered due to malice, repression and without reasonable cause. Protection to the Whistle Blower or Right to Information Activists under the policy shall be made available, if the protected disclosure is made in good faith, the Whistle Blower or Right to Information Activists who has reasonable information or documents in support thereof and not for personal gain or animosity against the subject.

          This policy was first modified by the State Home Department on September 6, 2011, but later on amended on September 19, 2012.