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PETITION 2 PRESIDENT
REMINDER 2 PRESIDENT 30/6/04
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Issue 4 Presidential Reference
Reminder9-7-04
COVERING LETTER WITH MEMORANDUM

To,

His Excellency Shri A. P. J. Kalam,

Honble President of India,

Youre Excellency Sir,

Your Excellency Sir, I have sent an application by Post on Friday 25th June 2004 with request to Your Excellency Sir, kindly refer under Article 143 of the Constitution to the Honble Supreme Court of India to form Opinion on important Issues relating to substantial question of Law relating to the Constitution.

Youre Excellencys "Dream 2020", can be achieved only by establishment of the Rule of Law in true practice, a pre-condition for the true democracy.

Matter of my suffering was also examined by the Vohra Committee, appointed on the issue of by the Government of India. After going through the matter, honestly one cannot claim or observe that my matter not discloses reasonable cause for filing of a Writ Petition before Supreme Court. But, Supreme Court Registry is illegally determined to justify that no reasonable cause has been disclosed in my Writ Petition to discriminate me against influence of Powerful Politician and his patronized Mafia, and their Criminal acts and deeds. Even Ld. Mr. Gopal Subramanium, Sr. Advocate, Supreme Court -though he was influenced against me by some one, before such admission-, admitted by his Letter dated 23rd May 1995 that "As far as the merit your matter is concerned I am prima facie satisfied that there is a cause of action at least to file a Writ Petition under Article 32 of the Constitution of India for appropriate reliefs". Learned Mr. Rajiv Dhavan, Sr. Advocate by his letter dated 4th December 1995 referred that "Many thanks for your letter, which combines juristic concern with the intensity of one having suffered personal atrocity".

Youre Excellency Sir, this is my further Humble Submission that no one can refer similar other matter, with strong evidences, of atrocities having intensity suffered by me, having combined with simultaneous fighting for more than last 20 years for my survival and protections of rights against Political-Crime-Nexus, and against embracement of the large number of the Judicial Officers and my Advocates, which can be rated as rarest amongst rarest having caused through open misuse of the Powers and abuse of the authority by powerful politician of India, none else than Shri Jyoti Basu, the then Chief Minister of West Bengal, against one individual like me. Till such sufferings are going on, Your Excellencys dream 2020 cannot be achieved. I know Your Excellency having scarcity of time. But in consideration of the importance of the matter, Your Excellencys direct intervention is most warranted and essential just not to help me, but for the Rights of the Constitutional Remedy Guaranteed to move before Supreme Court, which selectively infringed as may appeared from my matter. Formation of opinion on such important issues will also ensure integrity, probity and accountability in the Supreme Court.

Youre Excellency Sir, this is my Humble Submission that in any case if Youre Excellency satisfy and hold that from the facts referred in my Writ Petition (some of the extracts from the same are referred herein) no reasonable cause to move Supreme Court seeking protection of the fundamental rights are disclosed, I will stop all further steps in the matter.

My basic problem is that I am having social background and never compromises against principles, as referred at the Website: http://milapchoraria.tripod.com/msp.

Now Justice to me can be ensured only by Your Excellency Sir.

Youre Excellencys Law abiding Citizen

 

(MILAP CHORARIA)

MOBILE: 011-200361342

Mobile to SMS (P.P.): 9811342616

Extracts from the Writ Petition (Civil) filed under dairy No. 22474 of 2003 on 29th October 2003, before Supreme Court of India are referred at: : http://milapchoraria.tripod.com/p2p

Facts relating to atrocity having intensity suffered by me cannot be stated or explained in one or two pages. In fact, I not annexed each supporting document, even Writ Petition (Civil) Diary No. 22474 of 2003 filed by me on 29th October 2003 before Supreme Court become a Petition of about 400 Pages.

However, extracts of very few incidents relating to misuse of Powers and abuse of authority causing infringement of my Human and Fundamental rights were referred herein.

In 1981-82 one unscrupulous businessman turned Mafia was in employment for a salary of just Rs.300/- per month, now a multimillionaires, not by earning through proper means, but due to misuse of powers and abuse of authority by Shri Jyoti Basu the then Chief Minister of West Bengal, by various means and methods including support to blackmailing activities of said unscrupulous businessman turned Mafia.

In or about 1982 and in 1988 I purchased about 56 and 10 Cottahs landed property respectively in Kolkata from their absolute owners. In the meantime said Mafia also purchased neighboring properties and decided to grab my property by any means. From subsequent events this was become ample clear that he had some unholy connections with Shri Jyoti Basu.

25/11/1983 I was lifted by force from the Court compound in presence of about 500 litigants,

Advocates and others, at the behest of Mr. Jayanta Kumar Dasgupta, the then Munsif Learned 5th Court, Alipore (Kolkata), and implicated in a false case of theft of Court Records.

06/09/1984 On the basis of Complaint from me, and after enquiry Honble Kolkata High Court dismissed Mr. Jayanta Kumar Dasgupta, from Judicial Services as the first such dismissal of any Judicial Officer in Indian Judicial History.

30/01/1985 I came to know from Area Dy. SP, that CM Shri Jyoti Basu directed District Magistrate 24-Parganas to remove me from my absolute property, on false claims that properties was belonged to another person. D.M. directed to Area Dy. SP to implement order of C.M. However, after my written representation, D.M. withdrew her earlier directions.

21/03/1986 I got sanction two Plans for multistoried buildings from Kolkata Municipal Corporation.

18/07/1986 Severe attempt to murder me took place with 42 stab wounds all over my body.

October 1986 and 5.11.1986 A story was conveyed and subsequently confirmed in writing by said Mafia that I can be removed from my property with the help of Shri Bikes Kali Basu, the then Police Commissioner of Kolkata, if I would not sell the property to him.

14/11/1986 Under instructions from Shri Jyoti Basu, Kolkata Municipal Corporation created fake Municipal Holding No. 161/N, Binoba Bhave Road, Ward No. 119, Kolkata, in favour of one habitual and adjudged cheater. Surprisingly before creation of said fake Municipal Holding Number said Mafia, referred such holding numbers in his two Letters to me.

19/03/1987 Under the instructions from Shri Jyoti Basu, Kolkata Municipal Corporation got received a Complaint from said adjudged Cheater, and conducted following proceedings within 6 hours of one working day: (1) enquiry was directed, (2) alleged Local inspection and enquiry was conducted (3) alleged 12 Page Typed Report (Without Type Writer facility) was prepared by Mr. Tarak Banerjee in the language of said Cheater (4) alleged Report was submitted (5) Meeting of the respective authority were held and alleged Report was accepted (6) My sanctioned Plans were revoked and (7) Local Police was directed to stop my constructional activities.

31/03/1988 In the Writ Petition filed by me Judgment was pronounced by Kolkata High Court setting-aside aforesaid orders of Revocation of Sanction Plans.

When they understood that blackmail me through Kolkata Municipal Corporation may not help much, then mafia changed strategy. Under which deferent litigations were got filed against me.

30/05/1988 One litigation was started by a person who booked flat with me as Dispute Case No. 43/RCS/87-88 of West Bengal Cooperative Directorate to got pronounced illegal award with the help of Shri Jyoti Basu, through Cooperative Department and Cooperative Directorate of West Bengal.

30/05/1988 My Vendors (Sellers of the property) published advertisement to give impression that they still are owners of the properties, which they already sold to me.

02/11/1988 Kolkata Municipal Corporation issued Show Cause Notice upon me, with predetermined object to revoke my sanctioned plan once again on some different grounds.

07/11/1988 Once again Kolkata Municipal Corporation revoked my sanctioned Plans on new but fake and completely flimsy grounds that property have no passage and that the sanction of the Plan were obtain for excess than actual size of the property.

09/02/1989 Kolkata High Court directed to Kolkata Municipal Corporation to withdraw its revocation Order and permitted me to make construction in accordance with the sanctioned plans.

11/12/1989 Said Mafia threaten me that he "is in a position to use Shri Jyoti Basu, the then Chief Minister of West Bengal to harass me", which he already using.

06/01/1990 From the certified Copy of the Entire Order Sheet of the said Dispute Case No. 43/RCS of 1987-88, this was transpired that person who pronounced illegal award against me, was even not appointed as Arbitrator.

Between 02/02/1990 / 16/02/1990 After filing of the Appeal by me against such illegal award and receipt of directions from Member, West Bengal Co-operative Tribunal, to send the records of the said Dispute Case No.43/RCS/87-88 the then Registrar of West Bengal Cooperative Society, Mrs. Mira Pandey, Sr. IAS, (she was actively interested in the matter under instructions from Shri Jyoti Basu) and Mr. Mihir Ranjan Choudhury, ARCS, got forged 1st and 2nd page of the Order Sheet of the said Dispute case to insert the name of Mr. N. Goswami (I have unbeatable strong evidence of such forgery).

09/02/1990 Said Mrs. Mira Pandey, issued Unofficial Order No. 48 upon the State of West Bengal to issue Notification -based on such illegal award pronounced by a Person, who was not even appointed as Arbitrator-, to takeover the management of my Cooperative Society to make ways for acquiring the property by said Mafia.

20/04/1990 I filed Application under Section 340 of Cr. P. C. against forgery of said Order Sheet in Dispute Case No. 43/RCS/87-88 which was registered as Misc. Case No. 3 of 1990 of West Bengal Cooperative Tribunal.

05/09/1990 I sent 2,000 Copies of 28 Pages Memorandum under heading "A MATTER OF THE CALCUTTA MAFIA and challenges to ADMINISTRATION OF JUSTICE" to different authorities including President of India, all Members of Parliament, all West Bengal M.L.A.s and all Kolkata Councilors and other various authorities.

18/01/1991 Under embracement caused by allotment of the property from Chief Ministers Quota just at the verge of Retirement, Mr. A. K. Bhattacharya, WBHJS, the then Member of West Bengal Cooperative Tribunal, dismisses said Misc. Case No.3 of 1990 (filed against forgery of Order Sheet) knowing fully recording false order in presence of myself and My Advocate that the applicant (myself) and his Advocates were not present.

22/02/1991 Dr. Manash Bhunyan, M.L.A., (W.B.), fixed the date to raise the matter of atrocities suffered by me in West Bengal Assembly, but under some conspiracy he changed his plan and on the very same day severe attempt to murder of my son was caused under Police Protection by staging a Truck accident.

1991-1993 Within the same period, a Contempt proceeding was initiated against me by the said Mafia as I have called him as "Mafia", and on the basis of the false Affidavit of Service, he in connivance with his Advocate obtained from Kolkata High Court. But when I filed an Application under Section 340 Cr. P.C., against said Mafia, then on the one hand Mafia arranged the matter out of the Court List, and on the other hand spread over in the Kolkata, the muscle men to kill me, as a result I was flea from Kolkata to save my life.

26/03/1991 Under criminal connivance and by misusing Judicial Office, Ld. Mr. J. C. Moulick, the then Munsif, 5th Court, Alipore, ignoring 16 Rulings of different High Courts, referred in Writing by me, and the Principles Laid down by Supreme Court, passed injunction order against me to support blackmailing objects, in the Suit filed by my Vendors with knowing fully false statement relating to size of the property. In fact from the documents having with my Vendors their predecessor have acquired 66 Cottahs of landed property, out of which they finally lost a case for the property measuring 10 Cottahs. Therefore, their ownership cannot go beyond the 56 Cottahs. But under manipulations in the their Suit against me they falsely claimed the property as 94 Cottahs, without encroachment to some other property and even arithmetically was not possible.

1992 One Jai Chand Lal Sethia, (Partner of Mr. Rashid Miyan the main accused of Bahoobazar Bomb Explosion Incident, reportedly in which, 300 Hundred persons were killed and was agent of the Dawood Ibrahim), threaten me on behalf of Shri Chandan Basu, son of Shri Jyoti Basu. I sent a written complaint to Shri Jyoti Basu, which was replied by his Confidential Assistant Mr. Jay Krishna Ghosh assuring me for appropriate steps.

08/07/1993 I submitted Application for according sanction to Dr. Shankar Dayal Sharma, the then President of India, Under Section 19 of the Prevention of Corruption Act, 1988, and 197 of the Criminal Procedure Code, to prosecute Shri Jyoti Basu, the (then) Chief Minister of West Bengal, with copy to Shri Jyoti Basu, himself by Regd. Post at his residential address. Letter was confirmed by the Memo Letter No.406/3/93-AVD.IV dated 01/11/1993 from the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training. But even after repeated representations thereafter no response.

24/07/1993 I negotiated with a Promoter for Joint Venture, who claimed that he will do the same on approval from Shri Hashim Abdul Halim, Speaker of West Bengal Legislative Assembly. When said Promoter and myself met Shri Hashim Abdul Halim, describing said Mafia as Powerful and offered to mediate between me and said Mafia.

Thereafter, I decided to move in Supreme Court, and at the behest of Ld. Mr. A. D. Giri, (Solicitor-General of India, during Chandra Sekhar Government), I booked Mr. Gopal Subramanium, Sr. Advocate, but who was also influenced by some one on behalf of the said Mafia, resultantly, I failed to move before the Supreme Court.

Finally I decided to move before Supreme Court as Petitioner-in-person. Since, I have a social background as such in 1995 I filed a Writ Petition as Public Interest Litigation. I can say on affirmation that Affidavit, which applicable today for candidates for Parliament and State Legislatures exclusively was my innovation. Please see detail in Website: http://milapchoraria.tripod.com/msp

Subsequently, I filed a Writ Petition with my own matter, but for some technical reason Honble Mr. Justice as then was Mr. G. N. Ray suggested me to withdraw the said Petition, than I should file afresh. In the meantime, said Mafia become fully active in Supreme Court, and when I filed fresh Writ Petition, the same should have been listed before the same Court of the Honble Mr. Justice as then was Mr. G. N. Ray, but it was listed to some other Court, and on the basis of withdrawal of said earlier Petition, said Court dismissed my fresh Writ Petition without hearing, but basing upon Court Report.

On 10th April 2002 a Landmark Judgment was pronounced in the Indian Judicial History by the Constitutional bench headed by Honble Chief Justice as then was Mr. S. P. Bharucha admitting that mockery of Justice is possible within the Supreme Court, and for the removal of the same a New Platform of "CURATIVE WRIT PETITION" was allowed. But, some conditions were laid down in the Judgment. Fulfillment of one condition to file a certificate from the Senior Advocate was not possible for me in considerations of large number of my Advocates ditched me in Past.

Thereafter in or about September 2002, I filed a Writ Petition challenging such conditionality of the Judgment, but Writ Petition was refused to receive as a Writ Petition, by Supreme Court Registry, in serious violations of the Rights of the Constitutional Remedy guaranteed under Article 32 of the Constitution. After a Long correspondence with the Supreme Court Registry on 29th October 2003, I filed fresh Petition before Supreme Court, but, after withholding the same for more than six months, once again said Petition was refused to "list before Honble Court", by backdated order dated 26th May 2004 considering my complaint dated 26th May 2004 before then newly appointed Chief Justice of India Mr. R. C. Lahoti. Considering such developments I submitted another complaint dated 18th June 2004 to Honble Chief Justice of India.

 

(MILAP CHORARIA)

MOBILE: 011-20036132

P. P. : MOBILE: 9811342616

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