101. That wife of the Petitioner was not instructed to receive any such Notice, as such she said that it may be better if he note down his name and address on a Paper, so the Petitioner will collect the same from him. Accordingly said clerk of Shri Kishan Lal Bagaria, Solicitors of M/S. B.M. Bagaria & Company, Solicitors note down his alleged name along with his false address 9^th Floor, Bamboo Villa, 168, A. J. Chandra Bose Road, Calcutta-14. When said person note down his alleged name and address, suddenly it was came in the mind of the wife of the plaintiff, that why she should not take delivery of the Notice from the Income Tax Department, after showing it to Land lord Shri Abdul Mannan Khan, who is also qualified Advocate. As such wife of the Petitioner go down along with the said person, but when both of them reached at the out side of the Office of the Abdul Mannan Khan, which was situated at Ground Floor, of the respective building, the said clerk of Shri Kishan Lal Bagaria, Solicitors of M/S. B.M. Bagaria & Company, Solicitors fled from the scene. This was caused some doubt about some dubious act of the person. However, Petitioner tried to find out the said person at the given address of the Income Tax Department, but failed to trace him out.

102. That subsequently when Petitioner wanted to know that how Rule in Contempt Proceedings was issued without serving the Copy of the Petition, Shri Kishan Lal Bagaria, Solicitors of M/S. B.M. Bagaria & Company, Solicitors refused to disclose related informations, which causes strong doubts. Subsequently, upon enquiry this was found that date and time given in the Affidavit of Service, filed to obtain Rule in the Contempt Proceedings is the same i.e. 13.9.1991 when said person came to the then residence of the Petitioner claimed his name as Jagneswar Sinha, from 9^th Floor, Bamboo Villa, 168, A.J.Chandra Bose Road, Calcutta-14. In the said Affidavit of Service knowing fully false claim was made to obtain the Rule by manipulation that Petitioner refused to receive the Copy of the Application.

103. That in fact, under ill advice from Shri Kishan Lal Bagaria, Solicitors of M/S. B.M. Bagaria & Company, Solicitors intention of the said Mafia was to make bias the Shyamal Kumar Sen J., as then he was, of the Kolkata High Court against the Petitioner, as such said Mafia Sanjay Kumar Jhunjhunwala knowing fully made false allegation that Petitioner is a habitual criminal and convicted in a Criminal Case, referring the matter in which in fact Mr. Jayanta Kumar Das Gupta the then presiding Officer of the Learned Court 5^th Munsif, Alipore, lost his Judicial service, as a first such dismissal in the Judicial History of Indian Judiciary.

104. That in considerations of such criminal acts with regards to the Administration of Justice Petitioner filed an Application Under Section 340 Criminal Procedure Code, before Hon’ble Kolkata High Court interalia citing the evidences of such false statement as well as said false Affidavit of Service. When Hon’ble High Court passed an order for hearing of the both the matters (Contempt Proceedings and Application Under Section 340 Criminal Procedure Code) analogously, this was become quite clear to said Mafia and his said Solicitors that they are in real trouble, as such on the one hand they managed that hearing of the said matter should not take place at any cost, and on the other hand they taken help from dreaded criminal miscreants with the help of another Mafia Manik Chand Sethia, being the front man of Shri Chandan Basu, son of Shri Jyoti Basu, the then Chief Minister of West Bengal, besides Police support, with sole purpose to compel the Petitioner and his family to flea from Kolkata, if they wants to survive at all. They managed with the Court staff, thus with utter surprise said Contempt proceeding was started going down in the cause list of respective Bench of Hon’ble High Court, than started listed as Last matter of the List. As the Last matter of the List prevailed for several days and finally gone out of the List. As a result, Petitioner was left not any other choice, but to left from the running Court cases, and flees from Kolkata along with his family Members to survive.

105. That under the strategy to sabotage each and every Court Proceedings against the Petitioner to blackmail the Petitioner said Mafia Sanjay Kumar Jhunjhunwala started to influence one after another advocate of the Petitioner. As a result, this was become impossible for the Petitioner to get justice. This was become, more clear when Bar Council of West Bengal rejected Two Applications filed by the Petitioner against criminal misconducts of respective Advocates, without hearing on merit but dismissed just by passing Resolutions, as stated hereinbefore.

106. That since the said Mafia Sanjay Kumar Jhunjhunwala was understood that all of his tricks to blackmail the Petitioner have been failed, and in the meantime one Politician from Congress Party and Member of Legislative Assembly Dr. Manash Bhuinya, agreed to raise the whole issue in West Bengal Assembly and fixed 22^nd February 1991 for the same. But it is assumed that under his double dealership said Mr. Manash Bhuinya, M. L. A., informed his intentions to any person belongs to said Mafiadom. As a result said Mafia Sanjay Kumar Jhunjhunwala arranged some settlement with the said Politician Congress Member of Legislative Assembly Dr. Manash Bhuinya on the one hand and hatched a Plot to kill 18 year’s son of the Petitioner under Police protection.

107. As a result, on 22^nd February 1991 when Petitioner reached at the residence of the said Congress Member of Legislative Assembly Dr. Manash Bhuinya, he informed the Petitioner that plan of his statement in Assembly was changed. As such Petitioner returned to his home. But, within few minutes from his returning at home, at about 11.00 AM of the same day i.e. 22^nd February 1991, under a hatched plot a Truck Accident under Police protection was staged, to kill son of the Petitioner, in which both the legs of the son of the Petitioner were severally damaged. Son of the Petitioner was able to stand on his legs only after treatment for more than 30 Months and after 22 Major Operations, in Kolkata at Kolkata Medical Research Institute of Kolkata and Holy Family Hospital of Delhi. That considering the connivance of Dr. Manash Bhuinya, M. L. A., Petitioner send him a Letter dated 5^th April 1993 by Registered Post asking him that "can he explain with regards to his changed attitude and behave and reasons for postponement of the program to raise the issue in West Bengal Assembly on 22^nd February 1991".

108. That upon enquiry this was reported that the said Truck was standing since 9.00 morning of the day in a Compound situated in the Northern Side of the Road. In the said Compound there were several Almirah Factories, as such Alimirahs were loaded over the Truck to creat confusion amongst factory people. Truck accident was result of the conspiracy hatched to kill the son of the Petitioner, under Police Protection, as such in the said First Information Report false fact were recorded by the Police that Truck was from the West to East, while Truck actually moved from North to South and damaged a Pan Shop and Shutter of another Shop both situated just in the South of the Road. Immediately after the accident, when Petitioner reached at the accident side, where till then his son was under the Tyre of the Truck, Petitioner seen that Truck came from the North side Compound with clear intention to kill son of the Petitioner. Therefore, false recording of Truck direction were under the part of Plot hatched under connivance between the said Mafia Sanjay Kumar Jhunjhunwala and respective Police Officials.

109. From the aforesaid developments, this was become ample clear to the Petitioner that the said Mafia Sanjay Kumar Jhunjhunwala adopted both the ways simultaneously with a concrete plan to grab the properties of the Petitioner after putting him in Jail by implicating false Contempt proceedings, with the help of the respective Advocates, as referred hereinafter.

110. That in considerations of aforesaid measurable situation of severe magnitude being the rarest of rare as the infringement of the fundamental rights, including blockade of the rights to Justice, petitioner decided to file a Writ Petition under Article 32 of the Constitution. For this purpose, after a long initiation he met with Senior Lawyer of the Supreme Court and Ex-Solicitor General of India learned. Mr. A. D. Giri, Sinior Lawyer at his residence at Allahabad. After going through the facts learned Mr. A. D. Giri, Senior Lawyer was satisfied and suggested the Petitioner to appoint one Delhi based Senior Lawyer like learned Mr. Gopal Subramanium. With this purpose, learned Mr. A. D. Giri Senior Lawyer personally came to Delhi and discusses the issue in detail in Kanishka Hotel, where learned Mr. Gopal Subramanium, Senior Advocate was also present. Thereafter learned Mr. Gopal Subramanium, Senior Advocate studied the merits of the matter and decided to prepare a letter to be sent by the petitioner to the Governor of West Bengal, before filing such Writ Petition. Accordingly under the supervision of learned Mr. Gopal Subramanium, Senior Advocate, his one of the Junior Advocate prepared draft of such representations to be sent by the Petitioner. Learned Mr. Gopal Subramanium, Senior Advocate, sent Money Receipt along with Letter Dated 6^th December 1993, and draft. On the basis of the said Draft Petitioner sent his representation to the Governor of West Bengal.

111. That, as per advice from the learned Mr. Gopal Subramanium, Senior Advocate, and after elapse of about three months from the said letter to the Governor of West Bengal, Petitioner tried to meet with learned Mr. Gopal Subramanium, Senior Advocate, but under most surprisingly every time he declined to meet with the Petitioner for the reasons best known to him. But, after several attempts, one day learned Mr. Gopal Subramanium, Senior Advocate suddenly appear on telephone and says that he had ask the learned Mr. S. Murlidhar, Advocate to prepare a Writ Petition in that effect. But, when Petitioner meet with learned Mr. S. Murlidhar, Advocate, at his Mayur Vihar Chamber, learned Mr. Murlidhar, Advocate, said that he is convinced that on the merit his matter is very strong, but now a days Supreme Court declined to accept any Writ Petition under Article 32 of the Constitution.

112. That development shows that learned Mr. Gopal Subramanium, Senior Advocate, instead of direct refusal, arranged refusal through the learned Mr. S. Murlidhar, Advocate, under some influence or otherwise decided not to file such Writ Petition, thus become a party himself in such infringement. In fact before such development, the said Mafiadom using their criminal strategy influenced several lawyers of the Petitioner, either on some false representation or otherwise, so petitioner was not surprised by such development.

113. However, in search of one Senior Lawyer, Petitioner wrote a stereo typed letter to about Hundred Senior Advocates of the Supreme Court, including learned Mr. Gopal Subramanium, Senior Advocate. No one except learned. Mr. Gopal Subramanium, Senior Advocate replied that if the Petitioner can convince that he is a genuine litigant, than he can take up his case. Receiving such letter with such surprising contentions just after few month from the said Draft forwarded by him, Petitioner was socked and wrote back that he have apprehensions that his opposite parties must have approached learned Mr. Gopal Subramanium, Senior Advocate, otherwise after knowing the matters on merit relates to infringement of fundamental rights of the Petitioner he should not have questioned the genuinity of the Petitioner, when earlier, he only after satisfied about the merit of the matter prepared the said draft. In reply thereof learned Mr. Gopal Subramanium, Senior Advocate, admitted 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." In his said reply letter he also wrote that if the Petitioner offer him a written apology and withdraw the sentence referred in paragraph 4 of his letter, he would be in a position to advise the petitioner appropriately further in the matter. But, the Petitioner not tendered any apology, as he has done nothing wrong.

114. That this is needless to refer that under the close Nexus with Shri Jyoti Basu, and other powerful politicians from West Bengal, the said Mafia Sanjay Kumar Jhunjhunwala established himself so powerful, that once Petitioner negotiated with one Promoter for development of his properties. Said Promoter claimed that he had very good relations with Shri Hashim Abdul Halim, the Speaker of West Bengal Legislative Assembly. This was pre-condition of the Petitioner before the said Promoter that he never can ask the petitioner for any compromise with the said Mafiadom, which was agreed upon by the said Promoter. But, with the most surprisingly, when the Petitioner meet with Shri Hashim Abdul Halim, Shri Halim immediately offered that he will mediate the matter and arranged settlement in the matter calling Mr. Fatehpuria, the relation of the said Mafia Sanjay Kumar Jhunjhunwala. However, petitioner refused immediately the aforesaid offer as such meeting with Shri Hashim Abdul Halim was closed. Petitioner sent his protest letter dated 24^th July 1993 by Registered Post to Shri Hashim Abdul Halim, the Speaker of West Bengal Legislative Assembly. The said conduct of Shri Hashim Abdul Halim was in his personal capacity.

115. That Petitioner wrote several letters to the Central Vigilance Commission, in respect of Criminal misconduct adopted by the Income Tax Department and the Railway Authority for the gain and benefit of the said Mafia Sanjay Kumar Jhunjhunwala and his associates. In response of one such letter the then Secretary of the Commission Mr. Bhure Lal through his Private Secretary called the Petitioner by Memo letter Secy/Com/96 dated 6^th November 1996. The Petitioner met with Shri Bhure lal and placed more than hundred pages of the documents to him. That after going through the documents and after satisfying with arguments forwarded by the Petitioner, Mr. Bhure Lal called one of his sub-ordinate and dictated order in presence of the Petitioner, for appropriate actions. But thereafter in the matter Commission became mum, for the reasons best known to it.

116. That the said Mafiadom is still using black money powers against the Petitioner thus the authorities are not taking appropriate actions to curb the black money. That the members of said Mafiadom under connivance with each other spending black money in big way against the Petitioner. As per the reports from the local, this was reported to the Petitioner that the said Mafiadom in recent past entered in an agreement with antisocial to kill the Petitioner. This cannot be proved unless concerned antisocial were nabbed by the Police. But, another associate of the said Mafia Sanjay Kumar Jhunjhunwala namely Manik Chand Sethia conveyed his threats to the Petitioner admitting before one Mina Lal Bhansali, that "he has paid Rs.5,00,000/- (Rupees five Lakhs) to one Chittaranjan Ganguly and Rs.3,00,000/- (Rupees Three Lakhs) to one local anti-socials out of total agreed payment of Rs.10,00,000/- (Rupees ten lakhs), fixed for total object to grab the properties of the Petitioner." Shri Mina Lal Bhansali advised the Petitioner to compromise with the said Mafiadom. As such the Petitioner put such information on record by sending the Letter dated 17^th February 2001 by Registered Post to Shri Mina Lal Bhansali, with copy to said Manik Chand Sethia.

117. That the Petitioner approached each and every authority starting from respective Local Police Station and up to the Hon’ble President of India, and till date yet to get Justice, as under Politics-Crime-Nexus, made his life measurable with severe magnitude. At one point of time, the then Home Minister Shri Inderjit Gupta admitted that he can’t break politics-crime-nexus, which clearly giving impressions that the Mafia elements are so powerful than the hands of Law.

118. That the State of West Bengal and its subordinates including the Secretary, Department of Urban Development, Secretary Home (Police) Department, Director-General of Police, West Bengal, Secretary, Co-operation Department, the Commissioner of Police, Kolkata Police, Superintendent of Police, 24 Parganas (South), Superintendent of Police, Howrah District, the Officer-In-Charge, Behala Police Station, Kolkata-34, the Officer-In-Charge, Golabari Police Station, Howrah, Registrar of Co-operative Societies, West Bengal, The Secretary, West Bengal Co-operative Tribunal, not carried in accordance with the provision fixed under Article 355 of the Constitution, rather directly acted and Kolkata Municipal Corporation, Deputy Municipal Commissioner (Buildings) Borrow Committee Chairman, S.S.Unit, being under the control of the State of West Bengal through the Municipal Commissioner, misused their powers and abused their authority under criminal conspiracy with the said unscrupulous Businessman turned Mafia Sanjay Kumar Jhunjhunwala and his associates through various means, to cause open help to the blackmailing activities including attempts to murder of the Petitioner and His Son, as were hatched and conducted by the said unscrupulous Businessman turned Mafia Sanjay Kumar Jhunjhunwala and his associates, causing severe infringement of the fundamental rights of the petitioner. The attempt to murder of the son of the Petitioner was staged under Police protection causing a Truck accident. Time to time, Shri Har Kishan Singh Surjeet, General Secretary of C.P.I. (M), Shri Som Nath Chatterjee, M.P. and other CPI (M) leaders were also conveyed through due representations posted by Registered Post or delivered against acknowledgements about the facts relates to misuse of the powers and abuse of the authority causing infringement of fundamental rights of the Petitioner, but each and every one maintain silence, as if they are in support of such infringement of the fundamental rights of the Petitioner.

119. That one Senior Correspondence of the English Daily from Kolkata namely Amrita Bazaar Patrika shown courage to publish a News with heading "BASU ACCUSED OF MISAPPROPRIATION", with reference to such measurable situation of severe magnitude which compelled the Petitioner along with his family members to flea from Calcutta, in it’s issue dated 15^th November 1994. The matter was also published in Bengali weekly from State of West Bengal namely Coalfield Times dated 15^th- 21^st May 1995. The owner of the Newspaper Amrita Bazaar Patrika was compelled to terminate the said Senior Journalist within 24 hours from the said News was published.

120. That knowing about the order to examine the Politics-Crime-Nexus, Petitioner send his representation dated 30^th March 1994 by Registered Post to Shri Rajesh Pilot, the then State Minister for Home Affairs, mentioning detail facts relates to his suffering from Politics-Crime-Nexus. This is strong belief of the Petitioner, that Vohra Committee have used and examined the most of the matters referred in the Petition, to prepare it’s Report, as the most of them were available with the respective authorities, which were referred by the Petitioner in respective Memorandums, Representations, Applications or Complaints addressed or forwarded to the different Authorities, including Chairman and Members of the Vohra Committee, besides others similar matters. That the petitioner is suffering constant and regular atrocities, harassments, torcherings, attempt to murders, and various other blackmailing activities caused under Politics-Bureaucratic-Crime-Nexus, since he purchased some properties in the year of 1982 to develop multistoried building complex, presently within the area of ward No. 119 of Kolkata Municipal Corporation, within Behala Police Station, of South 24-Pargana, within the Jurisdiction of the West Bengal Police, within Kokata-700038. The said Letter dated 30^th March 1994 and 11^th July 1994 to Shri Rajesh Pilot, the then State Minister for Home Affairs, were having following enclosures:

121. That Petitioner regularly approached appropriate authorities, but justice was denied to him. Here Some of such representations and other documents are referred :-

122. That in considerations of aforesaid measurable situation of severe magnitude being the rarest of rare as the infringement of the fundamental rights, including blockade of the rights to Justice, and atrocities suffered by him and considering the possible root cause behind such infringements, Petitioner decided to file Public Interest Litigations, which ultimately can also protect his own fundamental Rights too, as he is also a member of public. As such on 9^th August 1995, the Petitioner filed a Writ Petition based on Vohra Committee Report against the Union of India and the Election Commission of India as a Public Interest Litigation and moved before Hon’ble Supreme Court in person. The same was registered as Writ Petition (Civil) No.559/95 and filed with interalia prayers that a Writ of Mandamus should be issued directing the Election Commission of India "to evolve a method to restrict the candidature of a person, facing criminal proceeding in any Court of Law, for the Membership of Parliament or State Legislative Assemblies, with the submissions that Law, Rules and Regulations should have been made inserting interalia the following provisions: -

1. No person can contest Elections for Parliament or State Assembly, if he is accused in any criminal proceedings and Police prima-facie had satisfied with the complaint by filing charge sheet, till he not discharged or acquitted from such criminal case by a Court of Law;
2. No person can contest elections for Parliament or State Assembly unless declares all the properties and business of his family members, before the Election Commission;

123. That the said Writ Petition was moved on 29^th August 1995 by the Petitioner in person before the Hon’ble Chief Justice’s Court presided by A.M.Ahmadi, C.J. as his Lordship then was, and after hearing the same Hon’ble Court, adopt a hands off policy and dismissed the said petition with observations that Court can’t do anything in such matter. But, subsequently Hon’ble Chief Justice’s Court presided by A.M.Ahmadi, C.J. as his Lordship then was, admitted another Writ Petition based on the self-same Vohra Committee Report, which was filed by one Powerful Politician, then and now Member of Rajya Sabha Mr. Dinesh Trivedy, and moved by renowned lawyers of the Supreme Court, Ld. Mr. Shanti Bhusan, then by Ram Jeth Malani etc., and registered as Civil Writ Petition No.664/95. After knowing such fact on 1^st December 1995, Petitioner filed another Writ Petition (Civil) No. D-18372/95 with object to restore his earlier Civil Writ Petition No.559/95 with the prayers interalia to pass a decree under Article 142 of the Constitution that in compliance of clause (4) of Article 32 of the Constitution of India the Jurisdiction of Supreme Court has been seized to dismiss any Writ Petition filed as remedy for enforcement of Fundamental Rights, without hearing on the merit.

124. That on 29^th January 1996 when Writ Petition (Civil) No. D-18372/95 was listed for hearing along with the said Civil Writ Petition No. 664/95, Hon’ble Chief Justice’s Court presided by A.M.Ahmadi, C.J. as his Lordship then was, accepted the argument forwarded by the Petitioner and said that they are not dismissing the Writ Petition of the Petitioner, rather disposing the same by passing judicial order and passed the following Order:-

125. That when the Hon’ble Court was dictating the said order, one Advocate stood up and wanted to know the fate of Third Writ Petition filed by his client and moved by him, on the same issue, Hon’ble Court observed that all other petitions will face the same fate. Then the said Advocate objected and in response thereof, Hon’ble Chief Justice’s Court presided by A.M.Ahmadi, C.J. as his Lordship then was, observed that in that event Mr. Choraria’s (the Petitioner herein and therein) Petition will also be heard together with all other Petitions relating to the same matter in issue. But, when the Petitioner obtained Certified Copy of the Order of the day, he found that subsequent order passed by Hon’ble Chief Justice’s Court presided by A.M.Ahmadi, C.J. as his Lordship then was, was not the part of the said Order.