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Social Profile & Innovative Writing of Milap Choraria to improve system

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Hon’ble Chief Justice of India Mr. R. C. Lahoti,

Supreme Court of India,

Through Registrar General of Supreme Court,

New Delhi

FRAUD UPON CONSTITUTION

 

Hon’ble Lordship,

 

This is with reference to one News item of TV Channel that Union Government is contemplating to constitute a “JUDICIAL ACCOUNTABILITY COUNCIL”. I don’t know what is the actual object behind it, but in 2000 when I written a Book “A NEW MODEL OF CONSTITUTION FOR INDIA” I evolved A clear road map for National and State Level Judicial Commissions, with clear object that it should be completely free from Executive, automatically appointment of its members from all Retired Judges from the Supreme Court and respective High Courts, and continuity till they alive, baring those incapable under ill-health or in case their integrity under any challenge or cloud. I forwarded my Book to “NATIONAL COMMISSION FOR REVIEW OF WORKING OF CONSTITUTION”.

 

Considering denial of Fundamental Rights of the Remedy by the Supreme Court, I have decided to have Seminars as preparatory work to launch Nationwide Movement as Fresh Freedom Struggle to liberate the system from Politics-Crime-Nexus, on the basis of important issues relating to larger public interests, referred in the Book “MYSETRIES OF POLITICS-CRIME-NEXUS”, a copy of which I have already forwarded in a CD in PDF Format by Letter dated 25th February, 2005 to Your Lordship along with others. Considering professional misconducts of the some Advocates named in the Book, and in-competency of the Advocates Act to protect interests of litigants from professional misconduct of Advocates, hereby I am sending copy of aforesaid Letter to them, and their respective clients. I am inviting them to participate in Public Debates and should ready to have Lie detector, or any other scientific test, as I am ready for the same, if any one wants to contradict any of my statement. 

 

Constituent Assembly of India empowered Supreme Court with Extra-Ordinary Powers with object to ensure Rights to Remedy, holding that there is no Fundamental Right if there is no Remedy. Inconsistent with such rights, Supreme Court interpreted or derived or inferred that Order can be passed without Jurisdiction or miscarriage of justice or under bias and created several barricades between such Fundamental Rights to Remedy and Individuals like me. Similarly Supreme Court, contrary to Constitution effectively changed meaning, ambit, scope, definition, effect or impact of basic structure of the Constitutional enshrined under Article 12, 13 and 32, in the garb of powers and Jurisdiction to interpret the Constitution. It seems like fraud upon Constitution. This could have been much better that Senior Advocates like Ld. Mr. Ram Jethmalani, Mr. Soli J. Sorabjee, Mr. P. P. Rao, Mr. Shanti Bhusan, etc should have pointed out these important issue, before the Supreme Court. Quality of Judiciary is deteriorating. I have suffered a lot of injustice, from within the Jurisdiction and Authority of Kolkata High Court. In support of my contentions I am forwarding a copy of aforesaid Book for examination by the Hon’ble Chief Justice of Kolkata High Court.

 

On the one hand influential Mafia Leader Sanjay Kumar Jhunjhunwala, (under patronage, protections and support from Shri Jyoti Basu and Shri Som Nath Chatterjee and their respective sons) is scourge free, inspite of the fact that he was mastermind in hatching two separate Plots to kill me and my son under police protection, and responsible for embracement of several Judicial Officers, while I am punished by the Supreme Court through denial my Fundamental Rights to Remedy against severe infringement of my Fundamental Rights; if not for my honesty or sincerity, or under lobbying through influential Advocates, having connected with aforesaid Mafia or the people having vested interests in any of the following matters, Hon’ble Supreme Court should hold that what are the reasons, in strong contrast to such Constitutional guarantee:-

 

This is a clear case that I have suffered due to misuse of powers and abuse of authority by Shri Jyoti Basu, to help Mafiadom, while considering my honesty and sincerity and competency to find out manipulations from Balance Sheets, once stalwart Leader of CPI(M) Late Shri Jyotirmoy Bosu, M. P., after my evidence before Parliamentary Public Undertaking Committee Chaired by him, ask me to join CPI(M) as he wanted to see me in Parliament. Late Shri P. V. Narsimha Rao, at the behest of Chandra Swami, in his then capacity as General Secretary of Congress also ask me to join Politics under him, but both the time I refused such offers, since I never like politics, considering it a dirty business. I received documents relating to Colgate Palmolive Ltd., from the then secretary to Late Shri Jyotirmoy Bosu, M. P. and after studying them I found that Colgate with the meagre Share Capital of Rs.1.5 (One and Half) Lakh, then was remitting Rs.150 Lakhs (100 times from Share Capital) to USA as annual profit. I published the matter in my Magazine: “Shareholder’s Review” and distributed amongst each Member of Parliament and thereafter Colgate was ordered for its Indianisation. On the basis of my meeting and Printed Representation based on Strong data’s and facts and subsequent Telegraphic representations, the then Prime Minister Smt. Indira Gandhi thrice sent back proposals from Cabinet, presented by the then Steel and Mines Minister for Price Hike of Aluminium then under Control. On the basis of such representation to Prime Minister with copy to each MP, the then Energy Minister Shri Abdul Gani Khan Choudhury ordered internal Ministerial enquiry against such proposals. On the basis of my Telegraphic Petition when Supreme Court was to intervene in the matter, Union of India hurriedly declared Merger of Indian Aluminium Co. Ltd., “Against National interests”, just at the final stage of its Merger. After threat in written representation, to move Contempt Petition against the then Governor Reserve Bank of India moved Supreme Court and Peerless; which was intended to issue multiple Bonus Shares (1=32 as reported by Mr. Mohanty the then Sub-Editor of the Economic Times Kolkata)-, suffered a liability of about Rs. 700 Crores. And Peerless deputed one Company to harass me. After my Notice against tripartite Agreement (then Dr. Montek Singh Ahluwalia was Finance Secretary) for Long Terms Loan for 40 years of Rs.100 Crores from one German Bank to National Small Industries Corporation Ltd., same was not executed, as it was hiding 10% interests rate (relating to Guarantee of Foreign Exchange Risk) against 1% declared so-called concessive interest rates. About 25 years ago my magazine: “Shareholder’s Review” through Article by Late Shri Samar Jeet Ghosh, warned India Government that Indian Industry may suffer a tough competition from China, unless it will not change its Policy considering China’s planning in this respect. Some people falsely and having vested interests called us as China’s Agent, whereas object of warning was just in the national interests. Warning of my Magazine now completely proved as true. However, I discontinued publication of Magazine. Under the impact of large scale Advertisements from one Monopoly House, one important National Newspaper forced its Reporter not to publish my interviews. When one Special Legal Correspondent of Amrita Bazar Patrika; after satisfied with my application for prosecution permission against Shri Jyoti Basu published News under heading “Basu accused of misappropriation”, on the very next day respective reporter was dismissed from service, though possibly under after thought, on the different ground. I have evolved a Model of New Civil Procedure Code and filed it before Supreme Court through Writ Petition (Civil) No. 151 of 1996 and after hearing the same Hon’ble the as then was chief Justice Mr. A. M. Ahmadi advised me to sent it to Law Commission of India but subsequently appointed a Committee headed by one Senior Lawyer. Today’s amendments in CPC can be corroborated from my suggested Model. However, this is my claim that if my complete Model could have been adopted then without much new infrastructure or appointment of Judges at lower level a Civil Litigation was bound to settle within two years.  

 

Now IMPORTANT question to be answered by new leadership of CPI(M) whether it will follow any principled policy against corrupt practices as it had discussed with Smt. Sonia Gandhi against Shri George Fernandes or it will adopt double dealership, in respect of my serious charges against Shri Jyoti Basu and his son Shri Chandan Basu? I am sending Copy of the BOOK to Smt. Sonia Gandhi, President of Congress as well as Shri Prakash Karat and Shri Biman Bose, both leaders of CPI(M). I hope they will react honestly.  

   

With Best Regards,

Yours truly a Law abiding citizen of India,,

 

 

(Milap Choraria)

Dated 11th April 2005

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