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Petition 2 President of India

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MILAP CHORARIA               

Columnist: For DAILY Newspapers in India

Author: A MODEL OF NEW CONSTITUTION FOR INDIA

(Under a project for Nationwide Debate to formulate public opinion)

Editor: Deepanchi Messenger

________________________________________________________________________________ 

Member                                  :                        Sub-Groups on Finance and Marketing Constituted under Working Group

                                                                        for Ninth Five Year for SSI Sector appointed by the Government of India.

Convenor                              :                            Movement for Accountability to Public (MAP)

Ex-Hoy.Gen.Secy.                        :                        INDIAN COUNCIL OF SMALL INDUSTRIES (ICSI), Calcutta

President                               :                          Federation of Aluminium Users Association of India

Secretary                               :                           Tamkor Vikas Samity (Rajsthan)

Member                                  :                         Transparency International (India), H.O.Berlin (Germany)

Worker (Member)                         :                        Servants of the People Society ( DB), Lajpat Bhawan,New Delhi

     ,,                     :                            Worker’s Committee of Lok Sevak Sangh, Lajpat Bhawan,ND._

A-47, UGF, 11/56, D.B.Gupta Road, Karol Bagh,                                                                       

New Delhi-110 005                                                                                               Dated  26th May 2003

Registered With A/D.

 

To,

Dr. A. P. J. Kalam,

His Excellency President of India,

Rashtrapati Bhawan,

New Delhi-110004

 

His Excellency Sir,

 

This is a Constitutional mandate that every Constitutional Authority must “bear true faith and allegiance to the Constitution of India as established by the law” and “will faithfully discharge the duty which he about to enter”. But, now a days, for some reasons or otherwise these mandates lost its propriety.

 

That clause (4) of Article 32 of the Constitution of India guaranteed that even the Supreme Court itself couldn’t suspend the “Remedies for enforcement of rights conferred by Part III of the Constitution”. In 1996 I filed few Public Interest Litigations and Civil Writ Petitions, but in contraventions of the aforesaid Constitutional Guarantee such Petitions were either rejected/dismissed or materials referred therein used without referring those Writ Petitions. Such orders were just in conformity with the onservations “there may be circumstances, as mentioned above, wherein declining to reconsider the judgment would be oppressive to judicial conscience and would cause perpetuation of irremediable injustice” per Syed Shah Mohammed Quadri, J, (for C.J., himself, Variava and Patil JJ.) in the Judgment  (2002) 4 SCC Page 388-414) and totally against the Scheme of Article 32 of the Constitution. This is needless to be mentioned here that most of the important issued raised and related suggestions made in those Petitions, were uphold by the Supreme Court in some subsequent matters filed by others. Therefore, such Orders were gross injustice to me and with my Writ Petitions, because subsequent developments virtually has amounted as stealing of my ideas and recognised my ideas as ideas of others. However, on 20th January 1997 I requested Mr. A. M. Ahmadi, CJ, as then he was Hon’ble Chief Justice of India and Dr. A. S. Anand J., as then he was Hon’ble Justice of Supreme Court that:

“Therefore, for the restoration of the Scope, meaning and ambit of Article 32 of the Constitution, Your Lordships should accept the accountability for the violations of the Constitution and its proprietary, by tendering resignations from the office of the Supreme Court Judges.’’

 

The issue raised by me in my said letter were not so simple, as such should have been put for judicial adjudication. But, then Hon’ble Chief Justice Mr. A. M. Ahmadi, instead of admitting or facing the truth, misused His Judicial Office, and in serious contrast to the important Scheme of Article 32 of the Constitution, thus unconstitutionally caused changes in the Supreme Court Rules empowering thereby to the Supreme Court Registry to refuse any Writ Petition on alleged ground of not disclosure of any reasonable cause for its registration. Article 32 does not empower to Supreme Court to assign any such Powers to any authority to refuse to register any Writ Petition on any grounds whatsoever.

 

That on 10th April 2002 Constitution Bench, headed by then Hon’ble Chief Justice Mr.S.P.Bharucha, pronounced a Judgment, observations part of which moved in a very right direction. The observations as appears per Syed Shah Mohammed Quadri, J, (for C.J., himself, Variava and Patil JJ.) in the Judgment  (2002) 4 SCC Page 388-414) in the paragraph 42 interalia was that “there may be circumstances, as mentioned above, wherein declining to reconsider the judgment would be oppressive to judicial conscience and would cause perpetuation of irremediable injustice”, and that “In such case it would not only be proper but also obligatory both legally and morally to rectify the error” and as it was described in the said Judgment dated 10th April 2002 per Banerjee J.: “does it, however, mean and imply a closed door even if the order of this Court depicts that the same stands in violation of natural justice adversely and seriously affecting the rights of the parties or the same depicts manifest injustice rendering the order a mockery of justice”. These observations raises the scope to remove the human errors causes in passing the orders in the Writ Petitions, filed by me. But under the impact and shadow caused by the finality of the final order of the Supreme Court, directive part of the said Judgment was not in conformity with the aforesaid observations itself, as such in considerations of conditionality laid down by the Judgment, the scope of restoration of Guaranteed right to remedies, were affected, which otherwise in conformity with the aforesaid observations should have been restored. As such on 4th September 2002 I filed a Writ Petition (Civil) under Filing Diary No. 17454/2002 discosing appropriate and reasonable cause for filing such Writ Petition, with appropriate prayers therein.

 

That under the gross misuse of the Powers and to with clear intentions to protect wrong doers and corrupt people, Mafiadom run under Political-Crime-Nexus, the office of the Supreme Court Registry issued Memo Letter No. Writ Petition (Civil) Diary No.17454/2002 dated 22.10.2002 under signature of the Section Officer I-B, “that Ld. Registrar (J) on 12.10.2002 when was pleased to lodge the said Writ Petition Under Order XVIII, Rule 5 of Supreme Court Rules, 1966 as the said Petition does not disclose any reasonable cause to the received for its registration.” Said Writ Petition is posted at: http://milapchoraria.tripod.com/writpetition. This is my humble submission that if my said Writ Petition is considered as not discloses any reasonable cause, than in India no Writ Petition can disclose any reasonable cause for its registration to adjudicate under Article 32 of the Constitution.

 

Your Excellency will agree that the founding fathers of the Constitution rightly understood that in the entire democratic world, United States of America is a strong democracy, because, it’s every democratic Institution, including Judiciary, believes in real working terms that “disobedience is worst of crimes, and if allowed it can ruin entire Nation” and that a Nation can survive, even if disobedience is prevailing, in some parts of the system, but cannot survive, if Judiciary itself allows the disobedience of the Core Principles of the Jurisprudence that “Justice must be above all” and another core principle of the rule of law which says, ‘Be you ever so high, the law is above you’. But in India belying the expectations of the founding fathers of the Constitution, situation is moving in total opposite direction, thus moral standard in the society is falling.

 

Since, I am a man of principle, as such for a long long time, I am fighting against the Mafiadom having close connections with Powerful Politician, who having close connections in the corridors of the Judiciary too. In considerations of Your Excellency’s mindset, I expect that Your Excellency in considerations of the importance of the issue of larger public interest, must intervene against the insertion of the Rule 5 Order XVIII of the Supreme Court Rules 1966 (inserted in 1997) empowering the Supreme Court Registry in severe contrast to important Scheme of Article 32 of the Constitution to refuse to receive for registration any Writ Petition on any alleged grounds.

 

Therefore, this is my Humble Submissions that Your Excellency should evoke the Powers provided Under Article 143 of the Constitution of India to consult the Supreme Court to examine whether the insertion of the Rule 5 Order XVIII of the Supreme Court Rules 1966 (inserted in 1997) empowering the Supreme Court Registry is Constitutionally valid and not in contrast of the important Scheme of Article 32 of the Constitution and whether such refusal to register the aforesaid Writ Petition by the Supreme Court Registry is in conformity with the provisions provided under Article 32 of the Constitution of India ?

 

With Best Regards,

 

 

(Milap Choraria)

Copy to Hon’ble Chief Justice of India, through Registrar-General, Supreme Court of India, with reference to my earlier Letters on the issue.