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RAJYASABHA
PETITION BEFORE PARLIAMENT
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PETITION BEFORE PARLIAMENT
After Para 51
After Para 71
After Para 101
After Para 126
VOHRA COMMITTEE REPORT
LETTER TO PRESIDENT, VP, PM AND HM OF INDIA

To,

THE COUNCIL OF STATES

(RAJYA SABHA)

The Petition of Milap Choraria, son of Late Shri Deep Chand Choraria, native Village and P. O. Tamkore, District Jhunjhunu, Rajasthan, and presently inhabitant of A-47, Pal Mohan Plaza, 11/56, Desh Bandhu Gupta Road, Karol Bagh, New Delhi-110005, and hereinafter would be referred as the Petitioner.

SHEWTH

1. That matters referred in the Petition are not falls within the cognizance of any Court of law having jurisdiction any part of India or a Court of enquiry or a statutory tribunal or authority or quasi-judicial body or commission.

2. That the matters referred herein are primarily as well as constitutionally very much concern for the Government of India.

3. That the matters referred in the Petition cannot be raised on a substantive motion or resolution before any House of Parliament.

4. That in respect of all the matters referred herein, Petitioner moved up to the Supreme Court, as the facts stated hereinafter, this have been proved that remedy is not available in all those matters, under the law, including rules, regulations or bye-laws made by the Central Government, or by an authority to whom powers to make such rules, regulations or bye-laws is delegated.

5. That the remedy against infringement of fundamental, statutory and legal rights referred herein is not available and cannot be ensured until the Parliament of India enacts appropriate law to this effect.

6. That matters contained in the instant Petition having of the great antiquity and of immense importance to help in adoption of the necessary measures to ensure safeguarding of the fundamental rights of the citizen, particularly infringed under Politics-Crime-Nexus. The facts stated in the Petition are based on atrocities having intensity suffered personally by the Petitioner.

7. That all the matters relating to infringement of the fundamental rights are very much primarily concern of the Central Government, and vacuumed in the availability of the appropriate law to ensure enforcement of such rights should be filled up on the priority basis, by the Government of India.

8. That matters relates to misuse of the powers and abuse of the authority or misuse of the Government Machinery by a Chief Minister of a State very much is subject matter covered within the scope, meaning and ambit of Article 355 of the Constitution of India, thus primarily concern of the Government of India, which interalia provides that the "Duty of the Union…" that " …to ensure that the government of every State is carried on in accordance with the provisions of this Constitution". Therefore this is duty of the Government of India to ensure that a "State is carried on in accordance with the provisions of this Constitution", ensuring that every State, including it’s Chief Minister must act just in accordance with the provisions of the Constitution of India. The misuse of the powers and abuse of the authority for the gain and benefit of any individual at the cost of the others by any Public Servant from a State including a Chief Minister of a State is clear violation of the Constitution, if State does not take appropriate action in time against such violation, after matter placed in its notice or knowledge.

9. Government through its order No.S/7937/SS(ISP)/93 dated 9th July 93 had established Committee, namely known and called as "Vohra Committee" comprised then Union Home Secretary Shri N.N. Vohra, as Chairman of the Committee. The other members of the Committee were the then Revenue Secretary, Director Intelligence Bureau, Director, Central Bureau of Investigation, Secretary, Research and Analysis Wing (RAW), and Joint Secretary of Home Ministry "to take stock of all available information about the activities of Crime Syndicates / Mafia organisations which had developed links with and were being protected by Government functionaries and political personalities". Besides, the Article 355 of the Constitution of India also covered the establishment of the Vohra Committee by the Government of India.

10. That the safeguarding of the fundamental, statutory and legal rights of the citizen is primarily concern of the Government of India and of the "general public interests". This also appears from the Report of the Vohra Committee. Some of the relevant extracts from the Report are reproduced here: -

"An organised crime Syndicate/Mafia generally commences its activities by indulging in petty crimes at the local level, ……... In the bigger cities, the main source of income relates to real estate- forcibly occupying lands/buildings, procuring such properties at cheap rates by forcing out the existing occupants/tenants etc. Over time, the money power thus acquired is used for building up contacts with bureaucrats and politicians and expansion of activities with impunity. The money power is used to develop a network of muscle-power which is also used by politicians during elections."

"CBI has reported that all over India crime Syndicates have become a law unto themselves. Even in the smaller towns and rural areas, muscle-men have become the order of the day. Hired assassins have become a part of these organisations. The nexus between the criminal gangs, police, bureaucracy and politicians has come out clearly in various parts of the country. The existing criminal justice system, which was essentially designed to deal with the individual offences/crimes, is unable to deal with the activities of the mafia; the provisions of law in regards to economic offences are weak; there are insurmountable legal difficulties in attaching/confiscation of the property acquired through Mafia activities."

"It has been suggested that the menace has first to be tackled at the local level where the agencies of the State and the concerned Central Enforcement Agencies like Customs and Excise, Income-Tax etc. would be required to take effective action. In cases where a crime Syndicate has graduated to big business, it would be necessary to conduct detailed investigations into its assets, both movable and immovable. It has been stressed that when such action is not timely and effectively taken, the lower functionaries of the concerned State and Central Departments/organisations start overlooking the activities of the crime Syndicates." "Director CBI has observed that there are many such cases, as that of ….. where the initial failure has led to the emergence of Mafia giants who have become too big to be tackled."

"DIB has reported that due to the progressive decline in the values of public life in the country "warning signals of sinister linkage between the underworld politicians and the bureaucracy have been evident with disturbing regularity, as exemplified by the exposures of the networks of the Bombay Bomb Blast case". He has recommended (interalia) immediate attention to: -

"Identification of the nexus between the criminals/mafias and antinational elements on the one hand and bureaucrats, politicians and other sensitively located individuals on the other."

"Identification of the nature and dimensions of these linkages and the modus operandi of their operations."

"Assessment of the impact of these linkages on the various institutions viz., the electoral, political, economic, law and order and the administrative apparatus."

"Necessary action to show effective action to counteract/neutralise the Mafia activities."

"Political and legal constrains in dealing with the covert/illegal functioning of the linkages."

"Like the Director CBI, the DIB has also stated that there has been a rapid spread and growth of criminal gangs, armed senas, drug mafias, smuggling gangs, drug peddlers and economic lobbies in the country which have, over the years, developed an extensive network of contacts with bureaucrats/Governments functionaries at the local levels, politicians, media persons and strategically located individuals in the non-State sector. Some of these syndicates also have international linkages, including the foreign intelligence agencies. In this context, the DIB has given the following examples: -

"Resultantly, such elements have acquired considerable political clout seriously jeopardising the smooth functioning of the administration and the safety of life and property of the common man, causing a sense of despair and alienation among the people."

"These Syndicates have acquired substantial financial and muscle power and social respectability and have successfully corrupted the Government machinery at all levels and yield enough influence to make the task of investigating and prosecuting agencies extremely difficult; even the members of the judicial system have not escaped the embrace of the mafia."

"DBI has stated that the network of the Mafia is virtually running a parallel Government, pushing the State apparatus into irrelevance."

"As would be seen from the afore-stated brief discussions, specially the views expressed by Director CBI and DIB, it is evident that the muscle power of the crime Syndicates is sustained by their enormous financial power which, in turn, is secured by the Mafia elements by committing economic offences with impunity. In this context, I held detailed personal discussions with Secretary (Revenue) under whose control operate the various economic intelligence/investigative/enforcement agencies."

"Central Board of Direct Taxes (CBDT) Income Tax Department administers the Income Tax Act, Wealth Tax Act, etc."

"Central Economic Intelligence Bureau (CEIB)"

"The CEIB is expected, interalia, to attend to the following tasks: -

      1. Identification of major sources generating black money; directing and developing intelligence about such sources; planning and coordinating action and operations against such sources.

      2. Assisting the various enforcement agencies in strengthening the intelligence gathering infrastructure and building up their capability for storage and retrieval of intelligence.

      3. Conducting investigative and analytical studies in difficult areas of black money operations and monitoring indicators thereof.

"I arranged a meeting of the Committee (30th Aug ’93) to hear the view of Secretary (Revenue), who was accompanied by Chairman CBDT, DGRI, Member (Customs) and Director (Enforcement). During the course of the discussions with Secretary (Revenue) and his aforesaid principal officers, the following significant observations were made: -

    1. In the normal course of his work, to detect violations of Customs & Excise laws, DGRI comes across information of linkages between crime Syndicates and Governmental functionaries etc. As following up of such information is not within the charter of duties of DGRI, his officers focus primarily on the information relating to the violation of the laws relating to their charter.

    2. As in the case of DGRI, Indirect information also becomes available to the CBDT about linkages. Here again, not being directly relating to their charter of responsibilities, the CBDT do not follow up such leads.

    3. The Directorate of Enforcement comes across information on linkages and passes it on to the CBI and IB."

"Secretary (Revenue) stated that he field officers of his various Departments were faced with various problems, amongst (interalia) which are:

The field officers of the various agencies of the Revenue Departments are often pressurised by senior government functionaries/political leaders apparently at the behest of crime Syndicates/Mafia elements."

"The linkages developed by crime syndicated get generally confirmed when pressure is mounted on the concerned agencies not to take action against the offenders or to go slow in the cases against them. Such pressures are mounted either immediately after a raid is conducted or at the time when prosecution is about to be initiated. Pressures are also exerted whenever corrupt and undesirable officers are shifted from sensitive assignments"

"Secretary (Revenue) has stated that a possible approach to effectively liquidating the linkages developed by the crime Syndicates would be to mercilessly prosecute the offenders without succumbing to any pressure whatsoever. He is of the view that once the offenders are deterrently punished under the law, their influence and strength will start declining, as also of all those who support them, wherever located. He has emphasised that for this objective being achieved it will be extremely necessary that: the entire government machinery involved in taking action against the crime Syndicate is allowed to perform its duties with total freedom; officers with impeccable integrity should be posted to head the various organisations which are responsible for taking action against tax offenders, smugglers etc; such officers should be selected with utmost care and provided sufficiently long tenures, giving them the clear mandate to ruthlessly punish the offenders; action must be taken to ensure the objective functioning of Courts which deal with the trial of economic offences; all cases before the Courts should be speedily concluded without the judicial officers coming under any pressure or succumbing to temptations; inefficient and corrupt elements in the various organisations must be weeded out and Government should take stringent action against officers who seek to exert political pressure for securing postings and appointments of their choice.

"On the basis of the extensive experience gained by our various concerned intelligence, investigative and enforcement agencies, it is apparent that crime Syndicate and Mafia organisations have established themselves in various parts of the country."

"The various crime Syndicates/Mafia organisations have developed significant muscle and money power and established linkages with governmental functionaries, political leaders and others to be able to operate with impunity."

"It will also need to be ensured that the nodal set-up functions with extreme secrecy. Needless to say, and leakage whatever about the linkages of crime Syndicate with senior Government functionaries or political leaders in the States or at the Centre could have a destabilising effect on the functioning of Government. As such, it would not appear prudent to entrust the functioning of the Nodal Cell to any level below that of the Home Secretary. Further, the Government would also have to carefully consider and prescribe the authorities to whom the Home Secretary will report in regard to the sensitive information received by the nodal set-up as well as regarding the operations to be launched by one or more of the concerned agencies to apprehend, investigate and prosecute the offenders."

11. That Vohra Committee clearly admitted that: "Resultantly, such elements have acquired considerable political clout seriously jeopardising the smooth functioning of the administration and the safety of life and property of the common man, causing a sense of despair and alienation among the people." and "These Syndicates have acquired substantial financial and muscle power and social respectability and have successfully corrupted the Government machinery at all levels and yield enough influence to make the task of investigating and prosecuting agencies extremely difficult; even the members of the judicial system have not escaped the embrace of the mafia." and "DBI has stated that the network of the Mafia is virtually running a parallel Government, pushing the State apparatus into irrelevance". In the similar manner, safety of the lives of the family members and Petitioner himself and his property is put under a severe stake. The Petitioner forwarded numberless memorandums, representations, Applications, and Complaints before the President of India, Chief Justice of India, Prime Minister of India, Home Minister of India, Finance Minister of India, Cabinet Secretary, Home Secretary, Revenue Secretary, and to their respective Sub-ordinates, but without any result. Even Shri George Fernandes, the then M.P. (Presently Defence Minister of India) to Shri S. B. Chavan, the then Home Minister of India by his Letter dated 6th April 1992 requested him to looked into the matter. But, no result.

12. That in considerations of sufferings of atrocities having intensity, the Petitioner prepared a Voluminous Memorandum dated 5th September 1990, printed and published it under heading "A MATTER OF THE CALCUTTA MAFIA and challenges to ADMINISTRATION OF JUSTICE" and sent to all Members of Parliament, all Members of West Bengal Legislative Assembly, all Councilor of Kolkata Municipal Corporation, Members of the Judiciary and various other authorities from the Central and the State Government. To escape from the actions against wrong doings, within few months from the despatch of the said Memorandum, when one M.L.A. of West Bengal Assembly Dr. Manash Bhuinya, agreed to raise the said matter in West Bengal Assembly, on 22nd February 1991, said Mafia Leader Sanjay Kumar Jhunjhunwala his associates including Mr. Chuni Lal Mukherjee, adjudged Cheat Chittaranjan Ganguly, Kamlesh Chandra Chattopadhyay, Ava Rani Dey, Sukumar Das and others, under support from Shri Jyoti Basu, htached a plot to kill son of the Petitioner.

13. That under double dealership of Dr.Manash Bhuinya, M.L.A., become a party to plot hatched to kill son of the Petitioner, thus on 22nd February 1991 a Truck accident was staged under Police protection. This is most surprising that the said Memorandum dated 5th September 1990 though was written in English, was replied in Bengali (Though Bengali was not declared as a Official Language by the State Government) by Memo Letter No. 329 Coop/H/3P/2/83(1) dated 24th January 1991, (one month prior to said attempt to murder of son of the Petitioner) from Cooperation Department. The subject matter in the reply was adopted not from the heading but from 7th Page of the said Memorandum, referring therein that Chief Minister of West Bengal received Memorandum. But, in spite of assurances given for appropriate action, no action was taken.

14. That the assessment of the Vohra Committee that "An organised crime Syndicate/Mafia generally commences…" and that "In the bigger cities, the main source of income relates to real estate- forcibly occupying lands/buildings, procuring such properties at cheap rates by forcing out the existing occupants/tenants etc. Over time, the money power thus acquired is used for building up contacts with bureaucrats and politicians and expansion of activities with impunity. The money power is used to develop a network of muscle-power which is also used by politicians during elections." and that "CBI has reported that all over India crime Syndicates have become a law unto themselves. Even in the smaller towns and rural areas, muscle-men have become the order of the day. Hired assassins have become a part of these organisations. The nexus between the criminal gangs, police, bureaucracy and politicians has come out clearly in various parts of the country" is completely corroborating with and fully applicable in respect of the atrocities suffered by the Petitioner. Much before, the Vohra Committee submitted its Report, the Petitioner realized that black money powers of the said Mafiadom is main source for building up the contacts with the powerful politicians, which ultimately caused infringement of fundamental right of the Petitioner. In such a considerations, starting from 1987 petitioner forwarded his representations, complaints, applications before each and every authority concern for and to looked in to the matter related to use of the black money, requesting thereby to check the huge black money powers of the said Mafiadom even submitting detail facts relates to some of the transactions based on the payment of huge black-money.

15. That, the Government of India through its each and every authority including Revenue Secretary, Director General Revenue Intelligence, Chairman, Central Board of Direct Taxes, Director-General of Inv. (Inspection), W.B., Aaykar Bhawan, Kolkata, Appropriate Authority, W.B., Income Tax Department, Aaykar Bhawan, Kolkata, Chief Commissioner of Income Tax, West Bengal Circle, the Office of the Chief Vigilance Commissioner, Office of the Central Bureau of Investigation, taken no appropriate actions against use of huge black money, either under political pressure or influence or otherwise, as subsequently were admitted in the Report by the Vohra Committee, thus strengthen the blackmailing activities of the said Mafiadom based on huge black-money and muscle powers, against the Petitioner. However, in recent past, Petitioner also informed to Mr. S. Narayan, the then Union Finance Secretary, Mr. Ajay Vikram Singh, the then Union Revenue Secretary, Mr. D.C.Gupta, the then Additional Secretary to the Finance Department, Shri Kamal Pandey, the then Union Home Secretary, Shri Yashwant Raj, the then Joint Secretary (Admn & PG), Ministry of Home Affairs, Shri N. Vittal, the then Chief Vigilance Commissioner, Mr. P. C. Sharma, Director, Central Bureau of Investigation, Mr. P.K.Sarma, the then Chairman, Central Board of Direct Taxes, Shri Sishir Sinha, Additional Director of Income Tax (Investgaion), Unit-II, Kolkata Shri Rajesh Kumar Bhoot, Dy. Director of Income Tax (Investigation), Unit-II(4) about mafia activities based on huge black money causing severe infringement of the fundamental rights of the Petitioner. But situation remains the same as the each and every authority taken no steps.

16. That several Companies of the Said Mafia Sanjay Kumar Jhunjhunwala his relation and associates used huge black money, in their purchase of each landed properties and sell of each constructed part of such properties. To establish their modus operandi, about the use of the black money in such transactions, Petitioner referred one particular transaction with complete details. In his complaints Petitioner also referred several other transactions too. The details of facts relates to one such transaction, executed in serious violations of the Income Tax Act, referred by the Petitioner before respective authorities, but, action were not taken by the Government of India, which is a strong evidence that respective authorities virtually acted to protect the huge black money hold by the said Mafiadom. As per records and as per recent Supreme Court Judgment, the aforesaid transaction made by the Two Companies of the said Sanjay Kumar Jhunjhunwala were based on knowingful violation of the provisions of the Income tax Act, in various ways. With knowing full intentions to violate the respective provision of the Income Tax Act respective one transaction was divided in to Six, being executed in favour of two of the Companies of said Sanjay Kumar Jhunjhunwala, and can be explained in the following manner: -

    1. That on 25th August 1989, one / single Notice in the English Daily Newspaper from Calcutta (Now Kolkata) namely The Telegraph was published by one Messers Pankaj Shroff & Co, Advocates, having their address at 7B, Kiran Sankar Roy Road, Calcutta-700 001 interalia that his clients "Surabhi Properties Pvt. Ltd., and Tripti Properties Ltd., both having their Registered Office at No. 9/1, Lower Rawdon Street, Calcutta have agreed to purchase premises no.53, Ramtanu Lahiri Sarani (formerly 24A, Diomond Harbour Road and originally Plot No.42 of Block "C' New Alipore), Calcutta measuring 10 Kottahs 02 Chittacks 38 Sft. from Mr. Pranab Dutta Chowdhury, Smt. Purabi Dutta Chowdhury and Dr. (Miss) Shyamali Dutta Chowdhury all of 53, Ramtanu Lahiri Sarani, Calcutta."

    2. That within six months from aforesaid Notice, on or about 23rd February 1990 the Income Tax Department, West Bengal, published a Notification on several Newspapers for GRAND AUCTION SALE under the signature of Mr. N.R. Sivaswamy, the then Chief Commissioner (Technical), West Bengal, with reference to several properties, including one "Vacant land measuring 5 cottas more or less 12" wide common passage from the main road, forming part of plot no.386A Block "C', New Alipore, Calcutta and renumbered 23A, 386A, Diomond Harbour Road, Calcutta." The said property referred in the Notice of the Income Tax Department was and is situated in the same locality of the properties referred in the said Notice of Messers Pankaj Shroff & Co, Advocates. In the notification of the Income Tax Department "Reserve Price Rs.18,27,000/-" was mentioned, for that particular properties. According to such reserve prices, fixed by the Income Tax department, the amount of Rs.3,65,400/- arises for per cottas of land. This is a matter of the fact that subsequently said Mr. N.R. Sivaswamy, the then Chief Commissioner (Technical) Income Tax Department, West Bengal, was promoted as the Chairman of the Central Board of Direct Taxes, under the Ministry of Finance and also names in one of the scam from Bihar.

    3. That the properties referred in the Notice of Messers Pankaj Shroff & Co, Advocates, was abuts upon a wide road of more than 25’, while the properties referred in the Notification published by Income Tax Department, West Bengal, admittedly was abuts upon a much lesser wide road of just 12’ road. Therefore, under the Municipal Law the Floor Area Ratio (FAR) for the properties referred in the Notice of Messers Pankaj Shroff & Co, Advocates, was entitled to get sanction for the construction of double floor area ratio, per Cottas, than the floor area ratio could have been available for the properties referred in the Notification of the Income Tax Department. Therefore according to the aforesaid Rs.3,65,400/-per cottas fixed by the Income Tax Department, as aforesaid the market value of the properties referred in the Notice of Messers Pankaj Shroff & Co, Advocates, should have been more or less Rs.7,30,000/- per cottas, thus total value of the properties arises more than Rs.73,00,000/- (Rupees Seventy three lakhs). Since the Petitioner was belongs from the same business, as such can affirm on oath that in any case the valuation of the properties referred in the Notice of Messers Pankaj Shroff & Co, Advocates was not less than Rs.35,00,000/-.

    4. However, this was reported to the Petitioner that the said Mafia Sanjay Kumar Jhunjhunwala purchased aforesaid properties as referred in Notice of Messers Pankaj Shroff & Co, Advocates, against cash payment of more or less of Rs.45,00,000/- (Rupees forty five Lakhs) from the aforesaid Vendors, through his two Companies namely Surabhi Properties Pvt. Ltd., and Tripti Properties Ltd., both having their Registered Office at no.9/1, Lower Rawdon Street, Calcutta. The entire transaction was based on knowing fully manipulations / serious violations of the Section 269UC of Income Tax Act, and based on huge payment of black money.

    5. That with intentions to violate the Income Tax Act, the said Mafia Sanjay Kumar Jhunjhunwala appointed one of his accountant: Sri Kishore Nagar of 153A, Viveka Nand Road, Calcutta as the Director in one of the aforesaid two Companies named in the Notice of Messers Pankaj Shroff & Co, Advocates. This fact also appeared from the records of the Registrar of the Companies, West Bengal Calcutta. In one of the search report given by one Advocate this was confirmed that the said Mafia Sanjay Kumar Jhunjhunwala being Director of M/S. Surabhi Properties Private Limited, being one of the Purchaser Company of the aforesaid properties, given authority letter to said Sri Kishore Nagar "to carry out necessary corrections, amendments changes, additions alterations, delitions, and such other work as may be necessary in the Memorandum of Association and Article of Association and other papers / documents filed or to be filed before the Registrar of Companies, Calcutta, West Bengal, for incorporation of above Company, in which Sanjay Kumar Jhunjhunwala was the Director. Sri Kishore Nagar further authorised to make changes, amendments, corrections, additions, delitions and alterations in the subscription clause of memorandum of Associations and Articles of Associations of above company:

"We further agree to ratify and confirm all his acts and deeds."

That the aforesaid authorisation letter is sufficient proof of inter-connections between Mr. Sanjay Kumar Jhunjhunwala and Sri Kishore Nagar, as employer and employee.

(6) That under clear manipulations, transactions were divided in to six deeds and purchasers were divided into two, just to reduce the amount of the transactions below the limits fixed Section 269UC of Income Tax Act and to maintain purchase amount below the amount of Rs.10,00,000/-by each Company, as this amount was Limit under the then prevailed provisions Under Section 269UC of the Income Tax Act. Since Vendors were three and alleged purchasers were two the amounts of the payments shown in the deeds were as under: -

Payments shown in three deeds by M/S. Surabhi Properties Pvt. Ltd., having its Registered Office at no.9/1, Lower Rawdon Street, Calcutta, were in the following manner: -

1.Pranab Dutta Choudhury Rs.4,75,000/-

2.Smt. Purabi Dutta Chowdhury and Rs. 2,37,500/-

3.Dr. (Miss) Shyamali Dutta Chowdhury Rs.2,37,500/-

Total payment shown by another Purchaser Company Rs.9,50,000/-

Payments shown in another three deeds by Tripti Properties Ltd., having its Registered Office at no.9/1, Lower Rawdon Street, Calcutta, were in the following manner:-

1.Mr. Pranab Dutta Chowdhury, Rs.4,75,000/-

2. Smt. Purabi Dutta Chowdhury and Rs. 2,37,500/-

3. Dr. (Miss) Shyamali Dutta Chowdhury Rs. 2,37,500/-

Total payment shown by another Purchaser Company Rs.9,50,000/-

17. That after knew About aforesaid transaction Petitioner by his Complaint letter dated 16th November 1989 addressed to Appropriate Authority, Calcutta, Income Tax Department and other authorities informed in respect of concealment of money actually paid in the aforesaid transactions. Thereafter, with reference to aforesaid transactions based on concealment of the money actually paid several representations were forwarded including following correspondence:

Letter dated 27th July 1990 to the Income tax Department.

Letter dated 23rd November 1990 against Criminal misconduct of Shri Devi Dayal the then Director, Investigation (Inspections) Income Tax Department, West Bengal, and others, along with letter dated 30-11-1987 from said Mr. Devi Dayal.

Notice Letter dated 16th September 1991 to various authorities including Income Tax Department.

Letter dated 25th July 1992 to Union Finance Minister, with detail facts relates to such transactions based on black money.

Letter dated 30th November 1992 to George Fernandes, M.P.

Letter dated 21st December 1992 from George Fernandes, M.P.

Letter dated 21st January 1993 to George Fernandes, M.P.

Letter dated 26th January 1993 from George Fernandes, M.P.

Letter dated 6th February 1993 to George Fernandes, M.P.

Letter Dated 18th May 1994 to Chairman Central Board of Direct Taxes.

Memo Letter No.11/3/94/PM PII/517988 dated 31st May 1994, from the Prime Minister’s Office, informing thereby about the directions issued to Revenue Secretary for appropriate action in the matter. With reference to said Memo Letter No.11/3/94/PM PII/517988 dated 31st May 1994, from the Prime Minister’s Office, Petitioner sent Letter dated 12th September 1994 addressed to Revenue Secretary, with kind attention of the then Revenue Secretary Mr. M. R. Sivaraman.

Letter dated 30th October 1995 addressed to the Cabinet Secretary, Revenue Secretary and others.

Letter dated 20th October 1996 jointly addressed to the Mr. James D.Wolfensohn, President of the World Bank and Mr. P. Chidambaram, the then Finance Minister of India.

Letter dated Memo Letter No. ADIT (INV)/U-III(I)/CAL/97-98/2068 dated 15th October 1997from Mr. M.W. Haque, Asst. Director of Income Tax (Inv), Unit – III(I) and in response to it Letter dated 21st October 1997 to the Finance Minister of India.

Letter Dated 23rd March 2001 to the Revenue Secretary and Chairman, Central Board of Direct Taxes.

Letter Dated 27th March 2001 to The Revenue Secretary and Chairman, Central Board of Direct Taxes.

Letter Dated 22nd October 2001 from Income Tax Department, and reply Letter dated 29th October 2001.

18. That the aforesaid transactions executed through two of the Companies of said Sanjay Kumar Jhunjhunwala based on violation of the Income tax Act, was now established, as per the principle settled by the Judgment dated 13th March 2001 in the Civil Appeal 5426 of 1997 by S.P.Bharucha, J, as His lordship then was and N. Santosh Hegde and Y. K. Sabarwal, JJ. If the respective authority could not have acted under any gratification or under any underhand dealing or under any pressure then either the properties referred in the aforesaid transactions should have been vested with the Government of India for violation of Section 269UC of Income Tax Act, or otherwise the matter should have been the subject matter of the said Judgment, as several other similar matters relates to various properties from the country were part of the said Judgment. After the said Judgment on 11th July 2001, Petitioner sent a representation to the Union of India, asking thereby to take appropriate steps in the matter, in accordance with the said Judgment. But, Government of India takes no action in the matter.

19. That the purpose of insisting of action on the basis one particular property was to expose the Modus Operandi used for the use of the black money ratio in the payments whether made or received in all such transactions. In fact the Modus Operandi used for the use of the black money ratio in all such transactions will be more or less same and would have been maintained in respect of all transactions whether executed for purchase or for sale of the properties because Sanjay Kumar Jhunjhunwala and his relations are the majority Directors of Martin Burn Limited, and purchased landed properties of more than Five Hundred Crores of Rupees and than constructed multistoried buildings and sold them out. Till now Petitioner sent number less representations to Cabinet Secretary, Revenue Secretary, Chairman, Central Board of Direct Taxes, and various Offices of the Income Tax Department, Central Vigilance Commission, Central Bureau of Investigation, but without any result, proving that the Mafiadom of the said Sanjay Kumar Jhunjunwala is much powerful than law of the land.

20. That under his close contacts with Shri Jyoti Basu, and other powerful politicians from West Bengal, the said Mafia Sanjay Kumar Jhunjhunwala established himself so powerful that the Railway authorities instead of taking appropriate action against him and his Companies, to recover the valuable public properties belongs to Railway, encroached by him, illegally and without any public interest or consideration, permitted him to construct front portions of the two of his buildings upon Railway Land situated near Railway Officer’s Colony at New Alipore (Kolkata) and respective Railway personnel under gratifications further entered in an illegal agreement with him, without any monetary considerations or public interests to develop a Garden for beautification of the said Two Multistoried Buildings at the cost of Railway Revenue and valuable Railway Land, thus encouraged his mafia activities. In this respect Petitioner send his Letter dated 9th November 1987 to Railway and other authorities, concerned for the Government of India. The Petitioner received one response from the Ministry of Personnel Public Grievances & Pensions vide Memo Letter No. F. No. 29690/3/DOR/PG-87 dated 20th November 1987, but no action. Thereafter Petitioner submitted his Application dated 3rd June 1992 addressed to the Chairman, Railway Board, for according sanction for criminal misconduct adopted in entering in such illegal agreement by and between the Railway and the said Mafia Sanjay Kumar Jhunjhunwala and his Companies, which were never replied. In this respect, News was also published in the Bengali Daily Newspaper Amanda Bazaar Patrika dated 25th July 1987.

21. That under the Kolkata Municipal Corporation Act, functioning of the Kolkata Municipal Corporation is under direct Supervision or Control of the State Government, since the Highest Administrative Officer; the Municipal Commissioner is appointed by the State Government. In the year of 1984-85 Shri Kamal Basu, was become Mayor of the Kolkata Municipal Corporation just on the mercy of Shri Jyoti Basu. (This fact also appears from one of the statement made by Shri Kamal Basu himself and appeared in several Newspapers dated 8th February 1990, in which he says that "as long as Mr. Jyoti Basu was fit and holding the reins of powers, he would remain unchallenged" He further says that "Jyoti Basu may be target, but they can’t challenge him". Shri Kamal Basu made the said statement, when Shri Biman Bose, one of the Strongest CPI(M) Leaders in the West Bengal, raised dispute relating to aforesaid Market.

22. That, in or about in the year of 1984-85 fire was caught in a portion of the New (Hogg) Market; a famous market of the Kolkata since the English regime. The owner of the Market was Kolkata Municipal Corporation. Since, Shri Kamal Basu was Mayor of Kolkata Municipal Corporation and was pleased because at his retired political life was changed, when under grace of Shri Jyoti Basu, he was made Mayor. Resultantly, rebuilding Contract for said burnt portion of New (Hogg) Market was staged in such a way, that the said contract cannot be taken by any one else, than Martin Burn Limited Company, which till before then was a renowned Company as people were aware that this was controlled and managed by the famous Mukherjee family. But, inside story was different, because Kedar Nath Fatehpuria, who was employee of Sahu Jain Estate, over night become multimillionaire and taken over the control and management of the said Company, before said contract was given in favour of the said Company. The important part of the said contract was that the right was given to Martin Burn Limited to lease out 97, 000 Square Feet market area after it’s rebuilding. So, after deduction of the construction cost of rebuilding including the said area of 97, 000 Square Feet, the amount of net realisation from the Lease amount should have been distributed between the Kolkata Municipal Corporation and the said Martin Burn Limited. Therefore, under such contract distribution of net realisation in favour of the Kolkata Municipal Corporation was way out by fixing the premium for aforesaid 97,000 Square Feet. According to the then prevailing premium in the locality in the unofficial form of the Salami was Rs.2,500/- per Square Feet. So in case of the official lease the amount of premium must have been much more than Rs.3,000/- per square feet. If this amount divided half half in favour of Kolkata Municipal Corporation and Martin Burn Limited, than the premium in favour of Kolkata Municipal Corporation should have been about Rs.15 Crores. But, till then Shri Jyoti Basu become conscious about future of his son as such premium of the said contract under some under hand agreement was fixed just for Rs.1.8 Crores. In this respect initially Newspapers carried out some News items. But subsequently they were pleased by the management of Martin Burn Limited particularly with the family of Kedar Nath Fatehpuria, and said Sanjay Kumar Jhunjhunwala.

23. That the aforesaid contract for the transfer of the valuable public properties in the grab of the rebuilding of the burnt portion of the New (Hogg) Market was not just single one, but on the similar manner, several contracts were given in respect of various public properties including several properties belongs to Kolkata Municipal Corporation. In these matters, one Shrawan Kumar Todi, one of the family friends of Shri Jyoti Basu, adopted the main role, whose building Todi Mention was allowed to construct in severe violations of all building Rules and Laws, because of his friendship with Shri Jyoti Basu. In or about 1983 Mr. Todi himself admitted before the petitioner, that every week one time’s diner or lunch of Shri Jyoti Basu was fixed at his residence.

24. That after said contract in favour of the M/S. Martin Burn Limited, by the Kolkata Municipal Corporation, one Director M/S. Martin Burn Limited namely Sanjay Kumar Jhunjhunwala started to corrupt every officials of the Kolkata Municipal Corporation, referring his contacts up to Shri Jyoti Basu, Shri Kamal Basu and through them several senior bureaucrats. Then he decided to grab various properties by force and with the help of the Shri Jyoti Basu and Shri Kamal Basu and other Officials of the State government as well as of the Kolkata Municipal Corporation as subsequently Petitioner himself suffered such experiences. Sanjay Kumar Jhunjhunwala himself says to the Petitioner about his past, that his father was earning nothing and he was employee in one Rajgarhia Company against monthly salary of Rs.300/- and living along with his father and mother in one Room belongs to his uncle.

25. That Sanjay Kumar Jhunjhunwala, in the name of his mother have one landed, properties at 9/1, Lower Rowdon Street, Kolkata-700020, though not in his name, and was in possession of one tenant under dispute. Sanjay Kumar Jhunjhunwala was then just at the age of 18 years and for the purpose of his employers, regularly going to Kedar Nath Fatehpuria, the employee in one Company related to Sahu Jain Estate. Sanjay Kumar Jhunjhunwala discussed his problem with Kedar Nath Fatehpuria, who suggested settling down the matter with the respective tenants by making lumps sum payment. Mr. Jhunjhunwala having no monetary sources, while Fatehpuria was. As such Sanjay Kumar Jhunjhunwala make payment of black-money of Rs.22 Lakhs to said Tenant, under settlement to get vacated his said Land under agreement between Sanjay Kumar Jhunjhunwala and Kedar Nath Fatehpuria to make construction of the multistoried building complex at 9/1, Lower Rowdon Street, Kolkata –700020 under a Joint Venture. The said project was their first construction. Since Sanjay Kumar Jhunjhunwala was young and sister of Kedar Nath Fatehpuria also were at the age of marriage as such subsequently both become relations.

26. That since they got developed contacts with Shri Jyoti Basu after getting such contract for rebuilding of the burnt portion of the New (Hogg) Market, Sanjay Kumar Jhunjhunwala started to become unscrupulous businessmen then turned Mafiadom, with the help of Shri Jyoti Basu, the then Chief Minister of West Bengal, his Government Machinery, Shri Kamal Basu, the then Mayor of Kolkata Municipal Corporation and its machinery. In fact, subsequently entire administration of the Kolkata Municipal Corporation started to work as the private office of the said Mafiadom, as facts referred hereinafter. This was the reason, that whenever the Petitioner approached to the concerned authorities of the State Government including the Police or Kolkata Municipal Corporation with reference to any specific atrocity suffered by him, or any complaint against any illegal sanction of the Building Plans in favour of the companies of said Mafiadom, in serious violation of the Corporation law or the respective Building Rules, instead of any action from the respective authorities, the magnitude of the atrocities against the Petitioner were enlarged. In fact the list of illegal favours and misuse of powers, abuse of authorities, and misappropriation of the public properties, under the support from Shri Jyoti basu is very big and can be traced out by an appropriate fair enquiry.

27. That after the said Memorandum, dated 5th September 1990, printed and published under heading "A MATTER OF THE CALCUTTA MAFIA and challenges to ADMINISTRATION OF JUSTICE" as aforesaid, said Mafia Sanjay Kumar Jhunjhunwala spontaneously decided to put the life of the Petitioner by causing obstructions in each and every legal proceeding by or against the Petitioner to ensure injustice to the Petitioner, through all illegal means and methods. The Vohra Committee rightly ascertained that "These Syndicates have acquired substantial financial and muscle power and social respectability and have successfully corrupted the Government machinery at all levels and yield enough influence to make the task of investigating and prosecuting agencies extremely difficult; even the members of the judicial system have not escaped the embrace of the mafia.", which completely corroborated with the atrocities having with intensity suffered by the Petitioner, under which the right to justice of the Petitioner have been infringed at every level and stage, by influencing the respective advocates of the Petitioner and by embracing the respective judicial officers. After the aforesaid Memorandum dated 5th September 1990, as stated hereinbefore, on the one side, under a plot to murder son of the Petitioner and on the other side several mischievous litigations, including Defamation Suit and Contempt proceedings were initiated against the Petitioner and under influence from Shri Jyoti Basu, with support of the Government Machinery, Advocates blocked all avenues to get justice to the petitioner, as facts referred hereinafter and strongly ascertained by the Vohra Committee, in its Report.

28. That the atrocities having with intensity suffered by the Petitioner were started in the year of 1982, when the Petitioner purchased some properties. The Petitioner is referring backgrounds and some of the facts relates to starting of his victimisation and blackmailing caused with the help of Public Servants from Government Machinery, under the open influence from Shri jyoti Basu, the then Chief Minister of West Bengal by embracing the Judicial Officers, by influencing the Advocates of the Petitioner to violate their Professional Conduct, besides use of the muscle powers under protection from the police, to arrange attempt to murder of the Petitioner, his son as stated in detail. The fact relates to violations of the Constitutional provisions by the State of West Bengal through misuse of the powers and abuse of the authority by Shri Jyoti Basu, the then Chief Minister of West Bengal, and under his influence indulgence in blackmailing activities caused by the Government machinery of the State Government as well as Kolkata Municipal Corporation with its backgrounds are referred in the following paragraphs.

29. That in the year of 1932 C. S. Survey was conducted in the then Bengal by the dominion Government of India. As per C. S. survey which is the public document known and called as the Records of Rights and in the respective Map the measurement of the properties comprised in C. S. Plot No. 307, 308 under C. S. Khatian No.530, and C. S. Plot No.309, 310, 311 and 311/995 under C.S.Khatian No.534, both Khatian within Mouza Shahapur, P. S. Behala, now within the ward No. 119 of the Kolkata Municipal Corporation Kolkata-700038, the total area of measurement were shown as 1.10 Acres which arrived equivalent to 66 Cottas (One Cottar = 720 Square Feet) . Subsequently in the year of 1956 R. S. Survey was conducted by the Government of West Bengal under the Land Acquisition Act 1953, and in the said R. S. survey area of measurement with reference R. S. Plots comprised in R. S. Plot No.194 and 195 under R. S. Khatian No.530, corresponding from C. S. Plot No. 307, 308 under R. S. Khatian No.530, and R. S. Plot No. 205, 206, 207 and 219 under R. S. Khatian No.534 corresponding from C. S. Plot No.309, 310, 311 and 311/995 under C. S. Khatian No.534, both Khatians within the Kolkata Municipal Corporation Ward No.119, Kolkata-700038, were also arrived more or less as 1.098 which is more or less 1.10 Acres, equivalent to 66 Cottas, and corroborating with C. S. Survey.

30. That out of the aforesaid 66 Cottas, 36 Cottas of Land were comprised in C. S. Khatian No.530 that was purchased by one Nalini Mohan Dey in or about 1947 from it’s the then Owners. In respect of the rest Land measuring 0.50 Acre more or less equivalent to 30 cottas of land was comprised in C. S. Khatian No.530. One Balaam Pal, claiming himself as the owner of the said 30 Cottas of Land, during the period of 1947 and 1954 executed Two / separate alleged Deeds in respect of the selfsame properties comprised in the aforesaid R. S. Plot No. 205, 206, 207 and 219 under said R. S. Khatian No.534 corresponding from C. S. Plot No.309, 310, 311 and 311/995 under said C. S. Khatian No.534, within the Kolkata Municipal Corporation Ward No.119, Kolkata-700038. Out of two said alleged deeds one was executed in favour of one adjudged Cheat Chittaranjan Ganguly and another alleged deed were executed in favour of the said Nalini Mohan Dey since deceased, whose predecessors-in-interests are Ava Rani Dey and Dipika Rani Bhattacharjee. Civil litigations were runs between the said Nalini Mohan Dey and said adjudged Cheat Chittaranjan Ganguly besides others. One administrative order was passed in 1955 by the Sub-Divisional Magistrate, Alipore, refusing application of said Chittaranjan Ganguly to deliver the said Deed allegedly executed by said Balaram Pal in favour of said adjudged Cheat Chittaranjan Ganguly with finding that the said alleged deed executed in favour of the said Chittaranjan Ganguly was benami and the Chittaranjan Ganguly was the Benamdar of said Balaram Pal. Since 1955, till date said Chittaranjan Ganguly never challenged the said order. In a subsequent Civil Litigation, in which Nalini Mohan Dey and Chittaranjan Ganguly both were the parties, Judgment was pronounced that the said Balaram Pal was not an Owner; as such deed executed by the said Balaram Pal has "no legs to stand".

 

31. That, by the said Judgment, however, Court decided ownership of the Suit Khatian as well as Suit Properties on the basis of the "Records of Rights" prepared by the authorities of the State of West Bengal in the year of 1956 under R. S. Survey as aforesaid. All parties to the said Civil Litigation have relied upon the Records of Rights. Under the law too, said document is a valid evidence of the ownership, if not challenged by any party within the limit subscribed by the law, from the date of knowledge. Therefore, Chittaranjan Ganguly was not any scope to challenge the same, since he aware about the same since 1956. As per the aforesaid "Records of Rights", Nalini Mohan Dey was forcible occupier of the Properties comprised in R. S. Plot No. 205, 206, and 207 within aforesaid R. S. Khatian No.534 within the Kolkata Municipal Corporation Ward No.119, Kolkata-700038 since 1954 while one Rabindra Lal Chakraborty was forcible occupier of the properties measuring more or less 10 Cottas of land comprised in R. S. Plot No. 219 under R. S. Khatian No.534 within the Kolkata Municipal Corporation Ward No.119, Kolkata-700038 since 1951. Accordingly said Nalini Mohan Dey was the owner of the properties measuring more or less 56 Cottas of Land out of aforesaid 66 Cottas, while said Rabindra Lal Chakraborty was owner of rest more or less 10 cottas of land, as the claim of the Nalini Mohan Dey over the said properties was declared as "No legs to stand" on the basis of the Judgment of the trial Court, which was uphold unto the Hon’ble Kolkata High Court.

32. That starting from the year of 1982, the legal heirs of the said Nalini Mohan Dey namely Ava Rani Dey and Dipika Rani Bhattacharjee with malafide intentions, misguided to the Petitioner, with the help of their Lawyer Learned Mr. Swapan Kumar Chakraborty, Advocate. They falsely claimed through their said Lawyer that they are owners of 70 Cottas of the land, out of which one litigation is pending in respect of the properties measuring 3 Cottas 13 Chittaks 26 Square Feet. This means they were undisputed owners of 66 Cottas of the land. Accordingly Petitioner entered in the Agreement with the said Ava Rani Dey and Dipika Rani Bhattacharjee. But, subsequently, it was transpired that according to the Deeds in favour of said Nalini Mohan Dey (including the said Deed executed by said Balaram Paul) the Total area of the properties was 66 Cottas (not 70 cottas as falsely claimed) corroborating with the aforesaid C. S. Survey as well as R. S. Survey. This was further transpired that no litigation was pending as falsely claimed. In fact they have lost right, title, interest in respect of the properties comprised in R. S. Plot No.219 as aforesaid measuring more or less 10 Cottas. Therefore, actually they were owners of mere 56 cottas of land, as stated under paragraph 31 hereinabove.

33. That accordingly, the Petitioner purchased 56 Cottas of the landed properties comprised in R.S.Plot No.194 and 195 within the aforesaid R. S. Khatian No. 530, and R. S. Plot No. 205, 206 and 207 within R. S. Khatian No.534 both Khatians within the Mouza Shahapur P. S. Behala within ward No.119 of the Kolkata Municipal Corporation, Kolkata-700038 from the legal heirs of the said Nalini Mohan Dey namely Ava Rani Dey and Dipika Rani Bhattacharjee and subsequently he also purchased the rest properties more or less 10 Cottas of the Land comprised in R. S. Plot No.219 from the legal heirs of said Rabindra Lal Chakrabortry, through one of his Private Limited Company. Out of the aforesaid 56 Cottas of the Land Ava Rani Dey and Dipika Rani Bhattacharjee executed Sale Deeds in respect of 35 Cottas of land but, failed to execute the Deeds in respect of the aforesaid rest properties measuring more or less 21 Cottas of land comprised in R. S. Plot No. 195 and 206 because they failed to comply some legal formalities. The full consideration money were paid by the Petitioner and physical possession and power of Attorney for the same were delivered / executed along with other parts of the properties in favour of the Petitioner. As per the Income Tax Act the Petitioner was also owner of the properties comprised in the aforesaid R. S. Plot No.195 and 206 too. But, when aforesaid Vendors of the Petitioner namely Ava Rani Dey and Dipika Rani Bhattacharjee under connivance with the said Mafiadom intended to raise Disputes against the Petitioner, in the year of 1988, the Petitioner filed Two Suits for Executions of Sales Deeds, in respect of the aforesaid properties comprised in the aforesaid R. S. Plot No.195 and 206.

34. That at the time of the purchase of the aforesaid property, Petitioner booked some flats of the persons from his friend circle and relations including one Shrawan Kumar Bhatter. Petitioner formed a Cooperative Society namely Nav-Surya Cooperative Housing Society and made all persons, who booked the flats with the Petitioner as promoters / members of the said Society, though the property was purchased by the Petitioner through his nominees. That at the time of purchase of the aforesaid properties there were 44 inhabitant families / Tenants under pendent Ejectment Suits. (Hereinafter called as the Tenants) As it was stated hereinbefore that the Petitioner is a social-minded person, as such immediately after purchase of the aforesaid properties, he offered rehabilitation of those tenants, knowing which some blackmailers entered behind the scene.

35. That considering constant and regular blackmailing activities cased by the aforesaid Tenants, being caused under abetment and criminal instigation from Kamlesh Chandra Chattopadhyay, Petitioner sent Letter dated 29.12. 1982 by Registered Post to the Officer-in-Charge of Behala Police Station and Leaders of the Tenants-under-Ejectment suit (hereinafter without prejudice referred as the Tenants) informing thereby, without prejudice, his intention to offer compromise with the 43 Tenants for their rehabilitation each of them with copy to Police, informing them upon compromise their rehabilitation is possible. In fact this was mistake on the part of the Petitioner, because those inhabitant under ill-advice thought that if pressure is created much more better proposal for payment of money may be given by the Petitioner. After several negotiations with the Tenants and modification (but without any advantage for the people behind the scene) by the Petitioner in the rehabilitation offer, one day Tenants entered in an agreement, under which both side agreed that compromise Petitions would be approved by Shri Som Nath Chatterjee, M. P.

36. That since the Petitioner had no bad intentions, as such a Meeting of the representatives of the Tenants, Local CPI (M) Leader and the Petitioner was held at the residence of Shri Som Nath Chatterjee, M.P., where Shri Som Nath Chatterjee, M.P. suggested that for the implementation of the Compromise, the respective properties must be transferred in favour of the Cooperative Society. As the Petitioner was already intended to transfer the properties after development of Complex, fiduciary relationship with the aforesaid Promoters / Members of the said newly created Cooperative Housing Society, as such, under such fiduciary relationship, and under good faith he executed Sales Deeds in favour of the said Society without any payment of the consideration money, though under the fiduciary relationship with the Members, the consideration money were referred in the Sale Documents. Subsequently such fact were disclosed before the Income Tax Department under one of the Disclosure Scheme and Petitioner obtained appropriate Certificate from the Income Tax Department in that respect.

37. That during the same period, bad elements, particularly one Kamlesh Chandra Chattopadhyay, was active behind the scene, with sole objects to exploit money from the Petitioner. As such they successfully instigated the tenants, not to enter in any compromise. This is needless to place on the record that till then petitioner have no intentions to eject or remove any of the Tenants from the properties, though he was very strong evidence to eject those tenants through due Court proceedings. Even in Two of the Ejectment Suits Decrees were pronounced, but the Petitioner not filed Execution Proceedings, till finally this was not proved that Compromise with Tenants were not Possible, and till the Petitioner finally not closed the doors of Compromise with the Tenants. Petitioner very well was aware that said bad element behind the blackmailing activities caused by the tenants was one the then CPI (M) Leader Kamlesh Chandra Chattopadhyay of 13, J.K.Pal Road, Kolkata-700038 (who as per reports subsequently was removed from the Party, after on the basis of complaint from the Petitioner, the then Advocate-General of West Bengal Late Snehangshu Acharya taken action and Intelligence Branch of West Bengal hold its enquiry and submitted its detail Report), but what Petitioner was not aware was the reality that he have very strong political clouds and connections even at the personal level with Shri Jyoti Basu, the then Chief Minister of West Bengal and Shri Som Nath Chatterjee, M.P. under which he was competent to blackmail the petitioner. In fact, said Kamlesh Chandra Chattopadhyay, behind the scene, misusing his such political the then stature, with sole intentions to blackmail the Petitioner, taken help from one Mr. Timir Baran Banerjee, Advocate and his junior Mr. Kalyan Kumar Ghosh, Advocate, both from Alipore Judge Court of Kolkata, to embrace one Judicial Officer Mr. Jayanta Kumar Dasgupta, the then Munsif, 5th Court at Alipore (Kolkata).

38. That the Petitioner was not aware of such developments, which were running behind the scene; as such Learned Mr. Som Nath Chatterjee M.P. who on behalf of the Tenants corrected the draft of compromise originally prepared by the Petitioner through his assistant Learned Mr. Pranab Chatterjee, Solicitor, under influence from said Kamlesh Chandra Chattopadhyay, falsely claimed in writing that "I had never myself recommended any settlement or finalized any draft for settlement of the case" as was referred in one Phumphlate published by the tenants. After knowing about alleged letter written by Shri Som Nath Chatterjee, M.P. as was appears in the Phumphlate, Petitioner sent photocopy of the corrected copy of the said draft, to Shri Som Nath Chatterjee, M.P, by Regd. Post, then reportedly the said earlier letter written by Shri Som Nath Chatterjee, M.P. was withdrawn from the respective locality. Photocopy of the draft prepared by the petitioner and corrected by the pen and hand of Shri Pranab Chatterjee, Solicitors, with reference to instructions from Shri Som Nath Chatterjee, M. P., and the said Phumplate published by the aforesaid inhabitants/tenants of the property of the Petitioner, Protest Letter Dated 07.05.1984 to Shri Som Nath Chatterjee, M.P., P-514, R.B.Roy Road, Kolkata-700029 by which Petitioner wanted to know whether he had issued any such letter as was claimed by the Tenants, which was never replied by Shri Som Nath Chatterjee, M.P., giving impressions that he has adopted wrong path in support of the blackmailers.

39. That when in spite of all types of pressure tactics, Petitioner not bow down before the said Kamlesh Chandra Chattopadhyay, then finally he used said Mr. Timir Banerjee, Advocate of Alipore Court of Kolkata used the then Presiding Officer of the Learned Munsif, Alipore 5th Court, Mr. Jayanta Das Gupta to cause severe damages in the Court proceedings of the Ejectment Suits pending against the aforesaid tenants of the Petitioner, pending in the said learned Court by causing severe interpolations in several order sheets of respective suits. After knew about such interpolation, Petitioner filed 19 Application Under Section 340 of Criminal Procedure Code, before the said Court itself and then placed detailed facts of interpolations caused in the several Order Sheet by said Mr. Jayanta Das Gupta, before Hon’ble Kolkata High Court, which caused such a situation under which said Jayanta Kumar Dasgupta could have lost his services. As such under such developments, on 25th November 1983, the petitioner was lifted by force from the Court compound in presence of about 500 litigants, Advocates and others, with the help of Court staff, as Mr. Jayanta Das Gupta made false statement, before the Court Staff of different Courts in Alipore (Kolkata), that because of the Petitioner, one of their colleague is going to loose his service. Since the said employee was physically disable to speak, and Mr. Jayanta Kumar Dasgupta kept him in captivity, as such till then fact was not known to the respective Court staff, as such they joined hands with the Peshkar of the said Court Mr. Narayan Babu to get arrested the Petitioner in a fabricated case of theft of Court records.

40. That their original plan was to call the Petitioner in the Court Room then put him behind the bar. But this strategy failed when the Petitioner refused to comply the information given by the said Court Peshkar Narayan Babu that Learned Munsif had called the Petitioner in Court Room, as the Petitioner replied that there is no date is fixed for today in any Court matter relates to his Suits, nor he is bound to go in the Court on verbal request of the Munsif. This reply was in considerations of his actions against the Mr. Jayanta Das Gupta the then Learned Munsif before Kolkata High Court, and threats given to the Advocates of the Petitioner, that if they do not make ready to the Petitioner to withdraw his proceedings from High Court, they can be get arrested. Under grace of the God when the Petitioner was lifted by force one senior reporter of the Telegraph was present who collected requisite informations and published the true story in the Telegraph within a Box News in it’s issue dated 29th November 1983. After released on bail, from the said Criminal Case Petitioner wrote letters to Chief Justice of India, Chief Justice of Calcutta High Court and other Judicial authorities, then matter was enquired by the Hon’ble High Court at Kolkata and said Criminal Case was enquired by the senior Police Officials, as such petitioner was discharged from the said false case. Finally Mr. Jayanta Das Gupta was dismissed from the judicial Services. The said dismissal order of Mr. Jayanta Das Gupta from the judicial service was the first such action in the judicial history of India. The matter of the lifting by force and get arresting of the Petitioner in a false case was published in the Telegraph (the English daily Newspaper from Calcutta) dated 29th November 1983, and thereafter detail matter was also published in the renowned Bengali Newspaper: Ananda Bazaar Patrika dated 4th January 1984, after a thorough enquiry.

41. That when all pressure tricks of said Kamlesh Chandra Chattopadhyay were failed to cause any monetary benefit for him, he got filed through the said Tenants Title Suit No.108 of 1983 before the Learned Court of 7th Sub-Judge Alipore, against the Petitioner and his Cooperative Society. But, when the petitioner admitted before the Court that he has at all not intentions to remove any Tenants without due process of Law, then the Injunction Order passed on the Injunction Application of the Petitioner was modified in such a manner, which no way was against the Petitioner, but actually caused hurdled for the blackmailing objects of the aforesaid Tenants, thus actually of the said Kamlesh Chandra Chattopadhyay. As a result, said Kamlesh Chandra Chattopadhyay, abetted one Lawyer for professional misconduct, thus Ld. Mr. Srikanta Bhattacharyya, Advocate, P-203, C.I.T. Road, Scheme No. VI(M) Kolkata-700054 manipulated the impact of Order No. 10 dated 4.10.1983 passed in Title suit No.108 of 1983 of 7th Sub-ordinate Judge, Alipore (Kolkata), by manipulating the language of order dated 19th September 1983 issued Certificate dated 17th February 1984 under heading "TO WHOM IT MAY CONCER". As such, after knowing the same Lawyers Notice dated 27th February 1984 was served upon Ld. Mr. Srikanta Bhattacharyya, Advocate. Possibly, Ld. Mr. Srikanta Bhattacharyya, Advocate might have issued such certificate under some false representations or otherwise, as such when he realised the same, he left from the Suit. Since, thereafter, Petitioner has no grievances against Ld. Mr. Srikanta Bhattacharyya, Advocate. However, Petitioner constructed boundary wall surrounding entire properties because of the order passed in the Said Title Suit filed by the Tenants with intention to blackmail the Petitioner.

42. That, in fact in or about the year of 1984 said Kamlesh Chandra Chattopadhyay joined hands with Chuni Lal Mukherjee, Sanjay Kumar Jhunjhunwala and adjudged Cheat Chittaranjan Ganguly. Thereafter, they formed Mafiadom, under black money powers and leadership of Sanjay Kumar Jhunjhunwala to grab all properties from the Locality, including the property of the Petitioner, if required with the help from Shri Jyoti Basu, the then Chief Minister of West Bengal. One reason for such help was connections between Shri Jyoti Basu and said Kamlesh Chandra Chattopadhyay, while more concrete reason was developed underhand agreement between Shri Jyoti Basu and Directors of M/S. Martin Burn Limited through one close friend of Shri Jyoti Basu, namely Mr. Shrawan Kumar Todi, as referred hereinbefore.

43. That after development of such Mafiadom said Kamlesh Chandra Chattopadhyay abetted and instigated those Tenants for some criminal acts against the Petitioner, as such aforesaid Tenants with the help of one anti-social of locality Gopal Das, decided to manufacturing of the BOMBS to use them against the Petitioner. On or about 2nd March 1984, some of the Tenants and said anti-social Gopal Das were busy in manufacturing of the Bomb, one tenant was smoking Cigarette. Suddenly ash of the said Cigarette fallen on the accumulated materials for manufacturing of the Bomb, fire taken place and said anti-social and Gopal Das and one of the Tenants were burnt seriously. When tenants taking them for Hospital, Police caught red handed them, as such a false story was created. Said Gopal Das was Bengali while one Oriya lady Tenant under the advice from said Kamlesh Chandra Chattopadhyay lodged First Information Report based on such false story that the agents of the Petitioner thrown Acid Bomb upon the said Gopal Pal, (allegedly brother of said Oriya Lady), and said Kamlesh Chandra Chattopadhyay using his political connections meet with Shri Snehangshu Acharya, the then Advocate-General of West Bengal, representing with the self-same false story. Resultantly, Shri Snehangshu Acharya, the then Advocate-General of West Bengal telephoned to Director General of West Bengal with the same story and Telephones District Judge of Alipore that if Mr. Milap Choraria, the Petitioner apply for anti-cipatory bail he should not be granted the bail and further Telephoned to Senior District Police Officers to arrest the Petitioner. As such the then Superintendent of Police 24-Parganas Mr. K. K. Kalia, I.P.S., and the then local Deputy Superintendent of Police Shri Md. Nizam rushed to Behala Police Station and armed Police were deployed at the property of the Petitioner.

44 That one honest C P I (M) Leader who were heartingly supported the Petitioner, considering his social mind set-up, and also knows about the characters and about connections of Kamlesh Chandra Chattopadhyay, was present in the Office of Officer-in-Charge of Behala Police Station, when Senior Police Officers reached and discussed whole matter in his presence, telephoned the Petitioner through some other person, that Police is coming to arrest, as a result Petitioner flea from his residence along with his family members for some other areas, to save him till he does not know the real matter. During the discussions, in the mind of Mr. K. K. Kalia some doubts raised in his mind and he instructed Shri Md. Nizam Deputy Superintendent of Police to go and see the burnt persons, who went in two different Hospitals as the Gopal Das was placed in one Government Hospital while the burnt Tenants was in one Nursing Home. After coming back said Police Officer reported that the burning of the both victims are not of the Acid Bomb, rather map of the burning is suggesting that they were engaged in manufacturing of the Bomb, when fire was caught. As a result, Superintendent of Police 24-Parganas Mr. K. K. Kalia, I.P.S. telephoned to Shri Snehangshu Acharya, that story as he had conveyed is based on total lie while real incident otherwise is totally different, and instructed to the local Police Officers not to arrest the Petitioner.

45. That thereafter, Petitioner filed anti-cipatory bail application, as he till then not aware about such enquiry conducted by Shri Md. Nizam, the Deputy Superintendent of Police and instructions given by Shri Superintendent of Police 24-Parganas Mr. K. K. Kalia, I.P.S. not to arrest the Petitioner. When the Advocate of the Petitioner moved anti-cipatory bail the then Presiding Judicial Officer of the Court of District Civil & Sessions Judge says in open Court that he was Telephoned by Shri Snehangshu Acharya, Advocate General of West Bengal not to grant the bail to the Petitioner. He further mentioned that during his enquiry with regards to the matter relates to said Mr. Jayanta Kumar Dasgupta, the then Munsif, 5th Court, he find different face of strong moral of the Petitioner, but by this matter referred by Shri Snehangshu Acharya, he was socked that the Petitioner might be a criminal However, in spite of all such remarks, Hon’ble District Judge ordered for temporary bail on anti-cipatory bail application of the Petitioner and directed the Police to present case Diary of the matter. When case Diary was presented before the District Judge, Police said that No case is pending against the Petitioner in the respective matter.

46. That when said Gopal Das was released from the Hospital, he needed treatment after the Hospital Treatment and valuable Ointments to be used in large areas of his body’s burnt portion, as such when he meet with the Tenants, since his use was finished-, Tenants thrown him out of the Properties. Thereafter, said Gopal Das under advice from some Local CPI(M) leader meet with the Petitioner appealed for medical help on humanitarian grounds. Considering his enemy activities and background, first of all he taken him in the Police Station, where the concerned Police Officer ask him to reveal the real story behind his burning, then he revealed real story related to his engagement along with Tenants in manufacturing of the Bombs. Thereafter, Petitioner ask said Gopal Das, that without any pressure first of all he must put the matter on record, then only the Petitioner can help him. Gopal Das replied that he can write any thing, but his wife can write the story in Bengali. Thereafter, he went to his residence and placed the entire story on paper in Bengali script through the hand and pen of his wife. For the authencity of the same Petitioner send some one along with the Gopal Das. Since the story was in Bengali, as such Petitioner cannot read it, as such he got translated the same and get typed it on one stamp paper and after signature from Gopal Das placed it before Executive Magistrate, 24-Parganasd as an Affidavit.

47. That the said affidavit was rejected in consideration of the materials referred therein, but become a valid document, as it was numbered as document No. 5887 dated 14.5.1984. After going by the aforesaid handwritten noting and said rejected Affidavit concerned Police Officer advised the said Gopal Das, that if he can show courage to admit the truth, he will forward him before the Judicial Magistrate, by arresting him, but same can cause problem for him, because he may be punished for his involvement in manufacturing of the Bombs. Since under the rough behave adopted by the aforesaid Tenants Gopal Das was annoyed against them and was ready to suffer every thing against admission of real story. Thereafter Police arrested him and send him before Judicial Magistrate, where he revealed entire story in real verbatim and further revealed the story related with the theft of One Generator and Type Writer of the Petitioner. However, under the political influence nothing was done by the Police against any of the accused in the aforesaid matters.

48. That on 10th April 1984, Petitioner filed one Writ Petition being No. C.O. 4044(W) of 1984 for Police help before the Hon’ble Court of B. C. Basak, J of the Calcutta High Court as His Lordship then was, and after hearing the same His Lordship passed appropriate order. But, within few days, but without filing any written Affidavit or petition, learned Mr. Dipankar Gupta, Bar-at-law, wrongfully appeared in the said matter on behalf of the Respondent against the Petitioner and used sentimental pleadings submitting before the Hon’ble Court that he is appearing on behalf of his poor driver, (according to him the Petitioner was intended to remove his driver, which was totally false and baseless) without taking any fees, as such under such verbal pleading Hon’ble Court stayed its earlier Order dated 10th April 1984. Subsequently, Respondents in the said matter, filed their Affidavit-in-opposition, based on the total false statement. Petitioner wrote a protest letter to Learned Mr. Dipankar Gupta, Bar-at-law, against his conduct virtually has helped the blackmailing activities run by the said Mafiadom. The Petitioner say and submit on the affirmations that if the said Affidavit filed by the Respondents, could have been tried and adjudicated Under Section 340 of Criminal Procedure Code the respective Respondent of the matter who affirmed the affidavit was liable to suffer consequences thereof. However, on 9th May 1984, the Hon’ble Court, without considering the matter on merit, but under embracement from Learned Mr. Dipankar Gupta, Bar-at-law withdrew the said earlier order dated 10th April 1984. However, after strong objections from the Lawyer of the Petitioner Hon’ble Court also passed some directions upon respective Lower Court, which ultimately benefited to the Petitioner, on merit.

49. That when modified order in Title Suit No. 108 of 1983 of the Learned 7th Sub-Judge, Alipore causes reverse impacts against the interests of the said Mafiadom, then under their direct connection and Nexus with Shri Jyoti Basu, the then Chief Minister of West Bengal, got issued one written order under the Pen, and hand of Shri Jyoti Basu himself, upon Mrs. Ranu Ghosh, I.A.S., (not Mrs. Ranu Ghosh, another I.A.S. Officer) the then District Magistrate 24-Parganas to remove Milap Chand Choraria (the Petitioner herein) from the (alleged properties of one adjudged Cheat) Chittaranjan Ganguly. After going by the said order from Shri Jyoti Basu, in his capacity as the then Chief Minister of West Bengal, Mrs. Ranu Ghosh, I.A.S., the then District Magistrate 24-Parganas, forwarded the said order to Shri Md. Nizam, the then Deputy Superintendent of Police of the respective area, with instructions to comply the order of the Chief Minister. Shri Md. Nizam, the then Deputy Superintendent of Police of the respective area, till then though not meet personally with the Petitioner, but by going through the aforesaid matter of burning of Gopal Das, during manufacturing of Bombs, he known about the Petitioner and his moral standard, as such without directly complying the said Order, send a written message dated 23.1. 1985 through Officer-in-Charge, Behala Police Station to the Petitioner to meet him immediately with reference to Chief Minister’s order.

50. That when Petitioner met on 30.1.1985 with Shri Md. Nizam, the then Deputy Superintendent of Police of the respective area, he shown the order of the Chief Minister and subsequent order from Mrs. Ranu Ghosh. When Petitioner offer him to hand over the keys of the properties against the appropriate receipt, he said that he don’t want to do any thing illegal, as such if the Petitioner have to say anything he will be allowed to say. Thereafter, Petitioner by his letter dated 1st February 1985 addressed to Shri Md. Nizam, the then Deputy Superintendent of Police of the respective area, with copies to Shri Jyoti Basu and Mrs. Ranu Ghosh. After receipt of the aforesaid letter of the Petitioner Mrs. Ranu Ghosh, IAS, District Magistrate, 24-Parganas, issued fresh orders withdrawing her earlier order.

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PETITION BEFORE PARLIAMENT WITH DRAFT OF A LAW PROPOSED BY MILAP CHORARIA
“RIGHTS OF THE CITIZENS AND ACCOUNTABILITY OF PUBLIC SERVANTS ACT 2003”

PREAMBLE AND OBJECTS

The basic object of the Act is to ensure Fundamental Rights of the Remedies and Justice of the Citizen, deprived under the impact of the Politics-Bureaucratic-Crime-Nexus.