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S. C. PETITION
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Press Statement

Dear Friends

Even if you are not from Newspapers / TV Channels / or any Media related organizations, I will be happy to get your support to high light the matter. Any one can collect C.D. having with scaned Photocopies of all original documnts.

With Regards,

(Milap Choraria)

MILAP CHORARIA

Author : "A Model of New Constitution for India"

Earlier Columnist ; For the most of DAILY Hindi Newspapers in India

___________________________________________________

Convenor : Movement for Accountability to Public (MAP)

Hoy.Gen.Sec y. : INDIAN COUNCIL OF SMALL INDUSTRIES (ICSI), Calcutta

President : Federation of Aluminium Users Association of India

Secretary : Tamkor Vikas Samity (Rajsthan)

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

Member : ICANN(U.S.A.)

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

Member : Lok Sevak Sangh, Lajpat Bhawan,ND._

A-47, UGF, 11/56, D. B. GUPTA ROAD, P.O. BOX NO. 2690,

NEW DELHI-110 005 (INDIA)

MOBILE: 011-20036132 E-Mail: milap_choraria@yahoo.com

PRESS STATEMENT/ APPEAL,

To,

News Editors / Legal Correspondents

Newspapers / T. V. Channels / News Agencies / Human Rights Organisations /Individuals.

Respected Sirs/Madam,

Re: Writ Petition filed with important substantial Questions of Law: never placed before Supreme Court of India, and reasons why I have been compelled to decides to commit suicide?

This is shameful for the country that after 56 years from Independence Chief Justice of India, provoked by the matter of "Justice-on-sale" based on "Advocates-Judges-Nexus" and corruption in the Judiciary, to outburst. I am crying for several years with strong evidences, with regards to my sufferings caused after infiltration of corruption in the judiciary caused by the Mafiadom under Politics-Crime-Nexus, which I have also referred in my Writ Petition filed on 29th October 2003, which still hold up by the Supreme Court Registry from coming up for hearing, for the reasons best to known to it, and compelled me take a decision to commit suicide, if I will not get Justice. However, without any intention to commit contempt of Honble Court, I would like to humbly submit that for such a situation Supreme Court Judgments are also equally responsible, as I have already explained in my said Writ Petition. However, Supreme Court is competent to deal with the matter of corruption in the Judiciary, by invoking its Powers under Article 32 of the Constitution, to evolve appropriate mechanism and measures, strictly based on core principles: "Be you ever so high, the law is above you" and "Justice and Truth shall be above all" to prevent the miscarriage of justice at all levels including Superior Judiciary.

In my Writ Petition I have raised very important substantial question of law; never before that Supreme Court have two independent, separate and untrammeled, from each other responsibilities: (1) under Part III of the Constitution and (2) under Chapter IV of Part V of the Constitution, which virtually dividing the Supreme Court in to two separate Supreme Courts: 1) under Chapter IV; Part V of the Constitution; having Supreme authority of Union Judiciary with limited powers and jurisdictions under respective provisions; 2) under Article 13 and 32 of Part III of the Constitution, having with Supreme responsibility of the guardian, guarantor and watchdog armed with unchallenged, untrammeled, with unrestricted Supreme Powers over all other authorities (including Parliament) to protect Indian democracy by protecting the Fundamental Rights of the Individuals. There is no compatibility or match between two independent, separate and untrammeled responsibilities and both cannot be mixed up. Powers provided under Chapter IV; Part V of the Constitution are much inferior than Powers under Part III of the Constitution, thus cannot dominate to such superior powers.

This is my submission with affirmation that in my Writ Petition I have leveled very serious charges against some influential persons, who are not in a position to prove them as false. However, if any one can prove any of my statement as false I am ready to suffer stringent punishment, for misuse of the platform of right to remedy as well as for Contempt of Honble Court. Please down load the copy of Writ Petition: http://milapchoraria.tripod.com/scpetition.

We know that United States of America (USA) is a strongest democratic country in the entire world. But, we are not ready to admit that USA is a strongest democratic country, just because core principles necessary for jurisprudence as well as for survival and stability of a democracy that "Be you ever so high, the law is above you" and "Justice and Truth shall be above all" applicable in strict practical terms. Recently, we have seen that "justice-on-sale" matter of Ahmedabad attracted entire countrys attention as warrants were actually issued against persons holding Constitutional Offices. But, we forget that Vohra Committee (Headed by the then Union Home Secretary) admitted in 1993 in its Report that: "even the members of the judicial system have not escaped the embrace of the mafia". No measures to prevent such embrace of the mafia, were adopted.

In 1991 Honble Supreme Court in a majority Judgment, of five Judge Constitutional Bench, in K. Veeraswami V. Union of India case (SCC (1991) 3 SCC Pages 654-755) hold that even Supreme Court and High Court Judges are not above the Law. But, measure adopted by the said Judgment appears just eyewash, even not taken under media wooing and Press Crazy.

First time in Indian Judicial history five Judge Constitutional Bench of Supreme Court of India headed by the then CJI Mr. S. P. Bharucha, shown high courage in consistent with Constitutional responsibility, by its Concurrent Judgment (dated 10th April 2002 388-426 (2002) 4 SCC) admitted miscarriage of justice even in the Supreme Court with observation Per Syed Shah Mohammed Quadri J. (for C.J. and himself, Variava and Patil JJ.) at Para 23 that "These contentions pose the question, whether an order passed by this Court can be corrected under its inherent powers after dismissal of the review petition on the ground that it was passed either without jurisdiction or in violation of the principles of natural justice or due to unfair procedure giving scope for bias which resulted in abuse of the process of the court or miscarriage of justice to an aggrieved person" and at Para 42 interalia that "The concern of this Court for rendering justice in a cause is not less important than the principle of finality of its judgment." and Per Banerjee, J. at Para 62, 68 and 69 interalia that "does it, however, mean and imply a closed door even if the order of this Court depicts that the same stands in violation of natural justice adversely and seriously affecting the rights of the parties or the same depicts manifest injustice rendering the order a mockery of justice". Although, the said Judgment was a turning point in Indian Judicial history, as I understood a Coram of five judge Bench can not overrule Nine Judge bench Judgment as such by the said Judgment path of Half Justice was adopted by opening up a new platform of filing of Curative Writ Petitions with strict conditions and limitations, as it could not get out from the impact of Principle of finality of the final order of the Supreme Court (AIR 1967 SC 1:(1966) 3, SCR 744) Judgment).

I have too referred several matters of Criminal misconduct of several Judges based on "justice-on-sale" caused under influence of Mafia having Nexus with powerful politicians, bureaucrats and renowned Advocates, in my said Writ Petition filed before Honble Supreme Court of India under filling Dairy No. 22474/2003 dated 29th October 2003. Besides, in said Writ Petition I have raised very important substantial questions of law, which never placed before Supreme Court of India, with hope that Supreme Court would examine why such situation relating to embracement of the Judicial Officers were developed? Whether we admit or not, this is a material fact that general moral standard in the country is going down, causing impact upon Judiciary too. Ahmedabad matter of "justice-on-sale" was just its reflection. For instance, in 1983 I sent a Complaint just by Regd. Post. Thereafter enquiry was constituted by Honble Kolkata High Court and after due enquiry in 1984 respective Munsif was dismissed from judicial service, as first of its kind of a dismissal order for a judicial officer, from the entire country. But, today, I am waiting for justice against large-scale mockery of justices, based on "justice-on-sale" caused against me by several Judicial Officers and Advocates at the behest of said Mafia.

If Supreme Court examine the reasons for such a situation, one such reason has caused by the impact of Principle of final order of Supreme Court: derived, inferred, or defined under Article 147 of the Constitution, thus mindset of the Supreme Court gradually shifted from its responsibility as a Guardian, Guarantor and Watchdog-Protector of the rights guaranteed under Part III of the Constitution as were held by Six Judge Bench (AIR:1950, Sc: 124, Kania CJ, Fazl Ali, Patanjali Sastri, Mahajan, B.K.Mokherjea, And Das JJ.), interalia that: "The Supreme Court is thus constituted the protector and guarantor of fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringement of such rights" towards complete negative directions interalia that the " it is a settled position in law that no judicial order passed by any superior court in judicial proceedings can be said to violate any of the fundamental rights enshrined in Part III".

The language of Article 147 of the Constitution clearly provides interalia as: "In this Chapter (Means Chapter-IV Part V relates Union Judiciary) and Chapter V of Part VI (Means High Courts), references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935" "or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder", which means Part III (Means Superior Judiciary) of the Constitution is not included in the scope, meaning and ambit of Article 147 of the Constitution to interpret the Constitution, otherwise before the words "In this Chapter", the words: "Part III" should have been also included.

Resultantly, under such interpretations having inconsistent with the scope, meaning, ambit and object of Part III of the Constitution efficacy of the "Rights to Remedy" has been reduced substantially against infringement of fundamental rights of individuals like me particularly Petitioner-in-persons as were also appears from the observations made at Para 58 of the said Judgment dated 10th April 2002 interalia that "There is not denial of the fact that the right exists to move this Court for enforcement of the rights conferred by Part III of the Constitution and stands conferred in terms of Article 32 and the language used therein is of widest possible amplitude but as regards the issuance of writs, the view seems to be rather well settled, in the negative", inconsistent to the responsibility of the Supreme Court under Part III of the Constitution result thereof were not less than "oppressive to judicial conscience", causing "perpetuated irremediable injustice to" me rather virtually translated and converted the same as protections for the criminal acts by criminal means committed by the mafia elements, against me with the support and nexus with powerful politician. In the Writ Petition I have humbly submitted that the Knowingly or unknowingly Miscarriage of justice always causing very danger impacts against the aggrieved persons (like me), and in furtherance to it, upon the society as a whole. While from entire Constitution miscarriage of justice can not be justified, rather this is Constitutional duty of every one enters in the Office of the Supreme Court Judge to uphold the Constitution and laws.

Some time now power monger people, are ready to take advantage of such situation, in the garb of the accountability of the judiciary, to get indirect control over the judiciary, which will cause much dangerous situation, thus need of the time is that Judiciary itself should evolve appropriate measures to prevent miscarriage of justice, as Article 32 of the Constitution given Constitutional responsibility to the Supreme Court to ensure protection of the "right to remedy" of every citizen against infringement of the fundamental rights, including right to justice.

Another important question is that why in Ahmedabad Advocates assaulted the Journalists? In my view new class of casts of the people related to various professions and carries including Advocates has been developed. Resultantly, a strong trend is developed to protect even wrong doings of respective brethrens, ignoring the law of land. In my matter, very powerful Politician Shri Jyoti Basu personally responsible for severe misuse of his powers and abuse of his authority as the then Chief Minister of West Bengal and now his political position to support blackmailing and criminal acts and deeds of Mafia and further responsible for embracement of Large Number of Judicial Officers to cause obstructions in getting Justice to me for the monetary gains and benefit of said Mafia. One such Judicial Officer was Awarded Allotment of valuable property from Chief Ministers quota just at the verge of his retirement, to get obtain illegal orders, not due under the law, but necessary to help blackmailing activities of the said Mafia. I referred all such facts in detail, in my repeated representation before Honble High Court and Supreme Court in due time, but without any results.

Since my childhood, I have worked against corruption. Since, 1982-83, I am fighting for my survival from Politics-Bureaucratic-Mafia-Nexus, based on very powerful politician of country Shri Jyoti Basu and C. P. I. (M) Party. Resultantly my fundamental rights were completely put on a serious stake, making my life miserable. As such since 1993 I was seriously keen to place the each and every facts before Honble Supreme Court, but some influential Advocates (named in the Writ Petition) blocked it, either under false representations or with malafide intentions, but without any affirmation. Considering such a situation, in August 1995, I started and filed few Writ Petitions (in-person) before Supreme Court. But, in respective matters I suffered gross miscarriage of Justice. If such miscarriage of justice could not have been suffered by me, double face of Shri Jyotri Basu and other few CPI(M) Leaders could have been exposed, and several powerful person may have been booked behind the Bar. After going through one of my representation Ld. Mr. Rajiv Dhavan, Sr. Advocate Supreme Court by his letter dated 4th December 1995 interalia replied that "Many thanks for your letter, which combines juristic concern with the intensity of one having suffered personal atrocity". Similarly Ld. Mr. Gopal Subramanium, Sr. Advocate, Supreme Court by his Letter dated 23rd May 1995 interalia 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 fact after knew about the said Judgment dated 10th April 2002, in September 2002, I filed a Writ Petition, with hope that miscarriage of justice against me will be removed. But as a matter of fact, severe infringement of my fundamental rights were caused by very influential people, as such, with intention to please them respective Officer of Supreme Court Registry got refused to receive my said Writ Petition for registration as a Writ Petition in the garb of Rule 5 Order XVIII (substituted by G.S.R. 407 (w.e.f. 20-12-1997) (Petitions Generally) seriously overruling the specific Rules 7 and 8 of the PART IV ORDER XXXV (MEANT FOR APPLICATION FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS) of the Supreme Court Rules 1966. Thereafter, I was compelled to decide and accordingly placed on record by letter dated 9th September 2003 jointly addressed to Honble Excellencies: Honble President of India Dr. A. P. J. Kalam, and Honble Chief Justice of India Mr. Visheshwar Nath Khare, justice cannot and should not be denied to me, otherwise I may be compelled to commit suicide with further submissions that "Upon hearing on merit, if Writ Petition filed by me, proved as vicious or based on frivolous or contains scandalous matters, I must be punished for misuse of rights to remedy".

This may be not out of the context that my 250 Articles were published covering more than 50 Hindi and/or English Newspapers covering major part of the country, mostly corroborating with recent views of the Retired Chief Election Commissioner J.M. Lyngdoh that Indian Politics and Politicians are turned as a cancer. My Writ Petition will give a scope to assess my backgrounds, and that I am a man of strong principle, who never bow down (even against Mafia activities including severe attempts on 18/7/1986 to kill me with 42 stabs and on 22/2/1991 to kill my son, through a staged Truck accident caused under Police protection) before any one whoever he may be, or whatever position he may have holds.

Since, I have raised voice against respective Officer of Supreme Court Registry, with reference to such illegal refusal to receive my said Writ Petition filed in 2002 and after a long correspondence, I filed a fresh Writ Petition (Civil) on 29th October 2003 under filing diary No. 22474 / 2003, but, the same Officer of Section 1-B, of the Supreme Court Registry is still intended to got refused to receive for registration of the said newly filed Writ Petition as such more than 3 months have been elapsed, but one after another hurdles were caused not to register my Writ Petition. In fact, by letter letter D. N. 5610/2003/X dated 29th November 2003, collected on 3rd December 2003, Supreme Court Registry referred alleged defects in the above referred Writ Petition, which were removed by me by 15th December 2003 by changing Photocopies / Typed Copies of about 150 Pages. Thereafter, I have no communication from Supreme Court Registry, but in the Supreme Court Website matter is appearing as "under scrutiny". In view of such attitude of the Supreme Court Registry in respect of the Petitions filed by the Petitioner-in-persons, appears to discourage petitioners-in-person, in violation of Rights to remedy. I have placed each development on records. Finally on 3rd February 2004 I was compelled to serve a notice upon (1) Registrar General, (2) The Registrar (Judicial), (3) The Joint Registrar, Section 1-B, and (4) Deputy Registrar, Section-X, Supreme Court of India, that after seven days, if my aforesaid Writ Petition is not registered as a Writ Petition I may be compelled to commit suicide, for which Supreme Court Registry should be responsible.

Justice is my fundamental right. As such denial of justice to me is severe infringement of my fundamental rights. Since last 18 years I am suffering from severe miserable situations. Therefore, this is my humble Appeals to all recipients of this Press Statement / Appeal to go through the Writ Petition posted on Net and examine whole matter with a personal pain. Really no one wants to commit suicide, unless he would not be compelled by the circumstances. ON 8th August 1942, Mahatma Gandhi addressing the All India Congress Committee at Mumbai gave a call for "do or die". Therefore, if my Press Statement / Appeal will fail to produce any positive result or support to get justice, I may have left no other option but to "die" committing suicide.

With Regards

signature.jpg
(MILAP CHORARIA

My suggestions to resolve the matters like Ahamedabad matter of "Justice-on-sale" has been referred in letter dated 30th January, 2004 to Honble Chief Justice of India Mr. Visheshwar Nath Khare, with copy to Ld. Mr. Soli J. Sorabjee, Attorney General of India: http://milapchoraria.tripod.com/scpetition



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