121. That as stated hereinbefore that Petitioner acquired a small flat at 45, M. A. K. Azad Road, Howrah-711001, under agreement. But, under the plot hatched by the Respondent No. 25 and his associates including Respondent No. 26 to 32, Petitioner was dispossessed from the said flat with the help of anti-socials. In this respect Petitioner send a Petition to the Union Home Ministry on 21st January 1995. After receipt of the said Petition, Union Home Ministry directed to State of West Bengal, but no security was provided to the Petitioner and his property. In this respect Petition also send his Letter dated 8th April 1995 to District Magistrate, Howrah. Photocopy of the Memo Letter 2724-P dated 27th March 1995 from the Joint Secretary to the Government of West Bengal, under signature of Mr. S. P. Boral and said Letter dated 8th April 1995 are annexed herewith and marked as ANNEXURE-"A-56" Collectively.
122. That in the meantime Dr. Biplab Das Gupta, M. P., make a statement that "no specific charges are leveled against Shri Jyoti Basu." In response to said statement Petitioner send his Letter Dated 19th April 1995 to Shri Harkishan Singh Surjeet, General Secretary, CPI(M), with copies to various authorities, describing thereby that how Shri Jyoti Basu has "misused his powers and abused his authority for pecuniary advantage of one particular group of unscrupulous businessman being his Benami Partners". Photocopy of the Letter is annexed herewith and marked as ANNEXURE-"A-57".
123. That in considerations of severe atrocities suffered personally based on severe infringement of fundamental rights and also considering the root cause behind such situations, Petitioner decided to file Public Interest Litigations, which ultimately will help to protect his own fundamental Rights. As such on 9th August 1995 Petitioner filed a Writ Petition based on Vohra Committee Report against the Union of India and the Election Commission of India as Public Interest Litigation as Writ Petition (Civil) No.559/95 with interalia following prayers: -
i) ISSUE direction to respondent No. 1 (Union of India) to make appropriate law in compliance of Constitution of India restricting entry of criminals into the politics by participating in the Election process to become the members of Parliament or State Legislative Assembly of any State;
- ISSUE direction to respondent No. 2 (Election Commission of India) to evolve a method to restrict the candidature of a person, facing criminal proceedings in any Court of Law, for the Membership of Parliament or State Legislative Assemblies and after due approval from this Honble Court, impose the same for future elections till the respondent No. 1 makes Law; as prayed for under prayer No. i ) hereinabove.
under paragraph 14 of the Writ Petition Petitioner interalia suggested as under:-
- No person can contest Election for Parliament or State Assembly, if he is accused in any criminal proceedings and Police prima-facie had satisfied with the complaint by filing charge sheet, till he not discharged or acquitted from such criminal case by a Court of Law;
- No person can contest Election for Parliament or State Assembly, unless he declares all the properties and business of his family members, before the Law Commission;
- The Members of Parliament and / or State Legislative Assemblies should be defined as Public Servants under all criminal laws.
on 29th August 1995 Petitioner moved the said Writ Petition in person before the Honble Chief Justices Court presided by A.M.Ahmadi, C.J. as then was, and after hearing the same Honble Court, dismissed the said Writ Petition with observations that Court cant do anything in such matter. But, after few days later Honble Chief Justices Court presided by A.M.Ahmadi, C.J. as then he was, admitted another Writ Petition based on self-same Vohra Committee Report, registered as Civil Writ Petition No.664/95 filed by Mr. Dinesh Trivedy, M. P., and moved by some renowned Lawyers of the Supreme Court. Admission of such subsequent Writ Petition was not consistent to prevailing principle of the finality of final order of the Supreme Court. After knowing the fact relates to such admission of another Writ Petitioner, on 1st December 1995, Petitioner filed another Writ Petition (Civil) No. D-18372/95 with prayers interalia that in compliance of clause (4) of Article 32 of the Constitution of India the Jurisdiction of Supreme Court has been seized to dismiss any Writ Petition filed as remedy for enforcement of Fundamental Rights, without hearing on the merit. On 29th January 1996 said Writ Petition (Civil) No. D-18372/95 was listed for hearing along with the said Civil Writ Petition No. 664/95, Honble Chief Justices Court presided by A.M.Ahmadi, C.J. as then he was, accepted the argument forwarded by the Petitioner and observed that they are not dismissing rather disposing off the same by passing judicial order. When the Honble Court was dictating the said order, one Advocate stood up and wanted to know the fate of Third Writ Petition filed by his client and moved by him, on the same issue, Honble Court observed that all other petitions would face the same fate. Then the said Advocate objected it, which was supported by Ld. Mr. Ram Jeth Malani, Sr. Lawyer, than Honble Court observed that in such event Mr. Chorarias (the Petitioner herein and therein) Petition would be also heard together with all other Petitions relating to the same matter in issue. But, this subsequent order was not corroborated with certified copy of the Order of the day. After going through the certified copy of said order, Petitioner placed the matter in the notice of the Honble Court by filing another Writ Petition (Civil) D-2595/96 on 12th February 1996. But, on 11th March 1996 Honble Chief Justices Court dismissed the Petition. Photocopies of the Orders dated 29th August 1995, 29th January 1996 and 11th March 1996 are annexed herewith as ANNEXURE - "A-58" Collectively.
124. The Statesman, important English daily from Kolkata published a large story in its two issues 2nd November 1995 and 3rd November 1995 under separate headings "CMC gifts 50 cottas to promoter" and "Promoter pays politicians, Govt. staff to get project going". This shows that how Respondent No. 25 is dare to violate the Law in his favour. Photocopies of the aforesaid large News items are annexed herewith and marked as ANNEXURE- "A-59" Collectively.
125. That after going through one of the representation of the Petitioner Learned Mr. Rajiv Dhavan, Sr. Advocate Supreme Court by his letter dated 4th December 1995 replied that "Many thanks for your letter, which combines juristic concern with the intensity of one having suffered personal atrocity", photocopy of which is annexed herewith and marked as ANNEXURE-"A-60".
126. That on 6th December 1995 the Petitioner filed a Public Interest Litigation as Writ Petition (Criminal) No.3/96, with the interalia following prayers: -
(i) Issue direction to the Respondent No.1 to 8 (therein) to make their respective Reports and facts lying with their Departments/Sub-ordinates relating to the matters referred under Annexure D to N, before Honble Court for appropriate direction, declaration or order;
(ii) Issue direction to the Respondent No.6 (therein) (Central Bureau of Investigation) to investigate in the matter referred under Annexure O and P hereinabove and (to) submit its Report before Honble Court for appropriate direction or declaration or order;
(iii) Issue direction to the Respondent No.8 (therein) (Calcutta Municipal Corporation) not to issue completion certificate with regards to constructions are made at the Premises No.5/1/1A and 5/1/1B, Cornfield Road, Calcutta, till final hearing of the Writ Petition.
said Writ Petition, was a Public Interest Litigation, but in the Paragraph 6 under 4th line at page 14 of the Petition, Petitioner submitted interalia that "The Petitioner crave leave to file a separate Writ Petition for appropriate reliefs for himself as such for the brevity he is not mentioning all details relates to his victimization, but just to support his pleadings he annexed herewith the photo-copies of the following communications without their annexures,". When on 19th January 1996 Writ Petition was listed before the Honble Court presided by G. N. Ray J, as then he was, and after hearing of the same G. N. Ray J, observed that this leave appears that the matters referred in the Writ Petition have been clubbed the matters of the public interest with the matter of infringement of the fundamental rights of the Petitioner himself, so it is better that petitioner should withdraw his Writ Petition to file a fresh Writ Petition. In considerations of such observations Petitioner withdrawn his said Writ Petition to file a fresh. Photocopy of withdrawal of the Petition is annexed herewith and marked as ANNEXURE-"A-61".
127. That on 7th February 1996 Petitioner filed a Public Interest Litigation being Writ Petition (Civil) No. 151/96 with the prayers interalia as follows: -
- MAKE, necessary Rules under sub-clause (c ) Under Clause (1) Under Article 145 for filing of Writ Petition definable as "appropriate proceedings" of the Civil in nature in compliance of clause (1) of Article 32 to ensure that the right to remedy for enforcement of the Fundamental Rights is guaranteed and to ensure the hearing of the matters relating to violation of Fundamental Rights on merit
- ISSUE, directions to the STATE to make appropriate change and/or amendment in law within one year as suggested under Schedule "A" therein
drafts of the amendments or change, or replacements of the following Laws were referred under Schedule of the Writ Petition: -
- Representatives of People Act;
- Section 197 of Criminal Procedure Code;
- Official Secrets Act
- A New Model of Civil Procedure Code
- Rules under Sub-Clause (C0 Clause (10 of Article 145 of the Constitution of India to define "appropriate proceedings for Civil Reliefs"
128. That on 29th March 1996 upon hearing of the Petition Honble Chief Justices Court presided by A. M. Ahmadi C.J. as then he was, observed that the Petitioner has done a very good work and advised him to forward his model of new Civil Procedure Code to the Chairman of the Law Commission of India. Petitioner forwarded the Model of the Civil Procedure Code innovated by him by Letter dated 6th June 1996 by Registered Post to the Honble Chairman of the Respondent No. 22 the Law Commission of India. In the said Writ Petition Honble Court passed the order. Photocopy of said order and letter dated 6th June 1996 are annexed herewith and marked as ANNEXURE "A-62" Collectively.
129. That a new Model of Civil Procedure Code based on his own original thoughts was created and developed by the Petitioner in the year of 1983 and forwarded to the then Law Minister of India Shri Asok Sen, by Registered Post. The Petitioner also forwarded it to A. M. Ahmadi, CJ, as then he was, by letter dated 3rd March 1995, by Registered Post. This a matter of the fact that recent amendments in Civil Procedure Code were adopted from the said Model Draft but without recognising his work against universal principle of the Intellectual Property Rights prevailing worldwide.
130. That on 20th March 1996 the petitioner filed a Petition before Respondent No. 21 Election Commission of India that in the consideration of Article 324 (1) read with Article 326 of the Constitution "Commission invite following information on oath or affirmation from the intending candidates for such elections to furnish along with nomination papers: -
- Whether any Criminal Proceeding in any Court of law is pending? if yes ; please state:
(i ) Name of the Police Station, within Constituency or outside the Constituency ;
(ii) Number of Crime in respective Police Station?
(iii) Date of Crime according to F.I.R. registered in Police Station ?
(iv) reference of law under which crime is registered ?
- Whether, Charge Sheet is filed by the investigating authority in the above referred Crime Number? If, yes, please state: -
- Name of the Court, in which charge sheet is filed?
- Number of the Crime Registered in the Court?
- Date of Charge Sheet?
- Reference of Law under which Charge Sheet is filed?
- The present status of the proceedings?
- If the Criminal Proceedings are pending more than one, similar informations should be provided in respect of each such proceeding."
three Copies of the said Petition were deposited in the Office of the Election Commission of India, against Acknowledgement. After receipt of the said Petition Respondent No. 21 issued a Notification asking the intending candidates to give certain details with reference to criminal cases, if pending or disposed off against them, but, in a surprising manner one amongst the then Election Commissioners Mr. G.V.G. Krishnamurthy, stolen the aforesaid idea from the paragraph 9 of the said Petition and claimed that Notification issued by the Commission in that respect was based on ideas developed by him. Such situation was developed due to lack of appropriate law making Public Servants accountable before the law.
131. That in considerations of the proceedings held in the aforesaid Writ Petitions, on 15th May 1996 Petitioner filed Writ Petition (Civil) No. D-8304/96. On the same day i.e. 15th May 1996 the Petitioner also filed another Writ Petition (Civil) No. D-8305/96 praying therein interalia to issue Directions upon the Respondent No. 21 interalia to suspend and / or withheld the name of any person from the Electoral Rolls, if he is an accused in any Criminal Proceeding and Investigating Authority Prima-facie satisfied about his crime by filing Charge Sheet, till he will be not declared innocent person by a Court of Law, immediately after such informations about such Criminal Proceedings received by the Commission.
132. That in considerations of withdrawal of his said earlier Writ Petition (Criminal) No.3/96 from the Honble Court, and observations made on 19th January 1996 as aforesaid by G.N.Ray, J. as then his Lordship was, on 21st May 1996 Petitioner filed a fresh Writ Petition (Criminal) No. 8495/96, with object to get restored his Rights to Remedies against blackmailing activities run by Respondent No. 25 and his associates, with interalia following prayers: -
- ISSUE, directions to the Respondent (therein) Nos. 1 to 8 to take corrective measures in respect of all illegal Orders, Directions, Notifications, Contracts, Agreements, Sanction or otherwise issued in favour of any of the Company of the Respondent (therein) No.9 his relations or associates under the signature of any authority of the Respondent (therein) No.1 to 8 by disobeying the directions of the law for the pecuniary advantage of the Respondent (therein) No.9;
- ISSUE, directions to appoint an Court Commissioner to go through all documents relating to all matters referred in the Writ Petition and submit its report before the Honble Court with the list of the Public Servants who are responsible for the disobedience of the directions of the Law for appropriate directions by the Honble Court;
133. That as per the knowledge of the Petitioner withdrawal of earlier Writ Petition (Criminal) No.3/96 without any contest, was termed as non-exits, or non-filed. As such, when he filed, fresh Writ Petition (Criminal) No.D-8495/96, he not mentioned any reference with regards to withdrawal of Writ Petition (Criminal) No.3/96, nor he made any false statement. Writ Petition should have been listed before the same Court, where from it was withdrawn. But, said Writ Petition was listed before the Court headed by Dr. A.S.Anand, J. as then his Lordship was. In Writ Petition (Civil) No. D-8304/96 A.M.Ahmadi, C.J., as then he was made sole respondent. On 5th August 1996 Writ Petition (Civil) No. D-8304/96 and Writ Petition (Criminal) No.D-8495/96 were dismissed. In fact Writ Petition (Criminal) No.D-8495/96 should have been listed before the same Court wherefrom Writ Petition was filed earlier were withdrawn by the Petitioner. Photocopies of orders dated 5th August 1996 in Writ Petition (Civil) No. D-8304/96 and Writ Petition (Criminal) No.D-8495/96 together with Office Report are annexed herewith and marked as ANNEXURE-"A-63" Collectively. In considering of such orders, Petitioner withdrawn Writ Petition (Civil) No. D-8304/96 listed for the day before the same Court.
134. That in the Newspapers this was appears that CPI(M) is going to observe on 25th October 1996 as "Anti-Corruption Day". In consideration of the such news Petitioner send his protest letter dated 17th October 1996 addressed to Shri Har Kishan Singh Surjeet, CPI(M) General Secretary, with copies to Shri Jyoti Basu himself, Shri Buddha Dev Bhattacharyya, Shri Biman Bose and Shri Sita Ram yatchury, in their capacity as Polit Bureau members, all by Regd. Post with reference "to criminal misconduct of Shri Jyoti Basu, and Nexus between Shri Jyoti Basu and Mafiadom.." Photocopies of the letter dated 22nd June 1994 addressed to Shri Biman Bose and aforesaid Letter dated 17th October 1996 are annexed herewith and marked as ANNEXURE- "A-64" collectively
135. That Petitioner wrote several letters to the Central Vigilance Commission, in respect of Criminal misconduct adopted by the Income Tax Department and the Railway Authority for the gain and benefit of Respondent No. 25 and his associates. In response of one such letter dated 21st October 1996 the then Secretary of the Commission Mr. Bhure Lal through his Private Secretary called the Petitioner by Memo letter Secy/Com/96 dated 6th November 1996. The Petitioner met with Shri Bhure lal and placed more than 50 documents to him, which he referred in his Letter dated 16th December 1996 sent by Registered post. That after going through the documents and after satisfying with arguments forwarded by the Petitioner, Mr. Bhure Lal called one of his sub-ordinate Mr. Vishvapavan Pati, and dictated order in presence of the Petitioner, for appropriate actions. But thereafter in the matter Commission became mum, for the reasons best known to it. Photocopies of the aforesaid correspondence are annexed herewith and marked as ANNEXURE-"A-65" Collectively.
136. That on 20th February 1997 one advertisement was published in Hindi Dainik Jansata, Kolkata issue, by one Mr. Samar Nag Managing Director of M/S. Shelter Properties Developers P.Ltd. of BA-2, Sector-I, Salt Lake City, Kolkata in such a way as if it was published by an Advocate by stating as "My clients" but name of Advocate was missing from the entire advertisement. The Name of alleged seller of the property was referred as Respondent No. 28. The detail of the properties was referred were belonged to Petitioner. At the last of the advertisement one Telephone number was referred for contact, which was contact number of Respondent No.26. After enquiry it was reported that said Company was Benami and was belongs to Mr. Chandan Basu, son of Shri Jyoti Basu. Under influence from Shri Jyoti Basu, Company though then having its authorised capital just of Rs. 50 Lacs, but gets Loans of Rs. 50 Lacs from Life Insurance Corporation and Rs.300 Lacs (Rs.3 Crores) from Peerless Abasan Finance Ltd., in severe violations of Reserve Bank Guidelines.
137. That Petitioner time and again requested Union Home Ministry for security. Some time IB and some time Delhi Police enquire, and given verbal assurance to provide security. But security was never provided. One such Letter was sent on 3rd March 1997, and after receipt the same one Sub-Inspector come and met with the Petitioner. Petitioner collected Photocopy of 1st page of his own representation, which contained notings from several officers and in back side one letter from Shri A. N. Sharma, Under Secretary, Home Ministry to Smt. Kanwaljit Deol, the then Addl. C.P. (S&T) Delhi Police. Before that on 9th August 1996 News was published in the Indian Express under heading "I CANT BREAK POLITICS-CRIME NEXUS, SAYS INDRAJIT". Shri Indrajit was the then Home Mnister of India. Photocopy of both the documents and said News dated 9th August 1996 are annexed herewith and marked as ANNEXURE-"A-66" collectively.
138. That this was reported to the Petitioner that Respondent No. 26 through his criminal agent Baman Bose alias Chandan Bose stolen goods from the Office of the Petitioner. Petitioner sends his First Information Report dated 27th November 1999 by Registered Post to the Respondent No. 17. But, any action was not taken by the Respondent No. 17. Photocopy of the same is annexed herewith and marked as ANNEXURE-"A-67"
139. That the said Mafiadom is still using black money powers against the Petitioner thus the authorities are not taking appropriate actions to curb the black money. That the members of said Mafiadom under connivance with each other spending black money in big way against the Petitioner. As per the reports from the local, this was reported to the Petitioner that the said Mafiadom in recent past entered in an agreement with antisocial to kill the Petitioner. This cannot be proved unless concerned antisocial were nabbed by the Police. But, another associate of Respondent No. 25 namely Respondent No. 26 conveyed his threats to Petitioner admitting before one Mina Lal Bhansali, that "he has paid Rs.5,00,000/- (Rupees five Lakhs) to Respondent No. 28 and Rs.3,00,000/- (Rupees Three Lakhs) to one local anti-socials out of total agreed payment of Rs.10,00,000/- (Rupees ten lakhs), fixed for total object to grab the properties of the Petitioner." Shri Mina Lal Bhansali conveyed the said threat to Petitioner in the first week of February 2001 advised him to compromise with the said Mafiadom. As such Petitioner placed such information on record by sending the Letter dated 17th February 2001 by Registered Post to Shri Mina Lal Bhansali, with copy to said Respondent No. 26. Photocopy of the said Letter is annexed herewith and marked as ANNEXURE "A-68". However at the same time Petitioner received secrete reports that Respondent No. 26 agreed to Pay Rs.10,00,000/- to anti-socials to get arranged the acquisition of the property even if required by killing the Petitioner. This is needless to mention here that Respondent No. 26 is the front men of Shri Chandan Basu, son of Shri Jyoti Basu, the then Chief Minister of West Bengal. In fact on behalf of the Respondent No. 26 several persons time and again approached to Petitioner including Hukum Chand Choraria, Bijay Singh Choraria son of Late Manik Chand Choraria from Hanut Mal Choraria family, Chatter Singh Chhajer, and owner of Good luck Curriers.
140. That under the help, support and protections from Shri Jyoti Basu, State of West Bengal not taken any action against the criminals in the several matters related to criminal acts by criminal means caused against the Petitioner, including referred in Behala Police Station (South 24-Parganas District, under West Bengal Police) Case Nos. 38(7)83 dated 14th July 1983, 91(12)83 dated 29th December 1983, 106(2)84 dated 29th February 1984, 4(3)84 dated 2nd March 1984, 54(2)85 dated 19th February 1985, 67(7)86 dated 18th July 1986, Sec. VZ. C/No. 30 dated 22nd February 1991 of the New Alipore Police Station (under Kolkata Police), First Information Report dated 18th October 1994 and dated 21st January 1995 both lodged by Registered Post to Golabari Police Station (Howrah District- under West Bengal Police), First Information Report dated 27th November 1999 Lodged by Registered Post to Behala Police Station (South 24-Parganas District, under West Bengal Police) against demolition of the boundrywall and stolen of the Goods, and lives and liberties of the Petitioner were made miserable.
141. That the Petitioner have one landed property at 92/1/1A, Jai Bibi Road, within the area of the Bally Police Station within the District of Howrah (West Bengal). Since long time Petitioner was suffering the atrocities caused by Mafiadom controlled by the Respondent No. 25 and his associates, as such Petitioner could not able to look after his aforesaid property for more than last 15 years. It is reported that property have been forcibly occupied by some one. Since the Petitioner is not in a position to move freely, under the severe threats from said Mafiadom, Petitioner cannot take appropriate actions in the matter. Under the prevailing law of the Land forcible entry in any property is illegal and punishable offence. At the same time no one have any legal or statutory or any Constitutional rights to get any advantage from violation of any law, except one Judgement pronounced in the year 1932 and subsequently upheld by the British Privy Council that after expiry of 12 years from the date of forcible occupation one can got the possessory rights. This upholding is inconsistent with the fundamental rights of the Petitioner under Part III and under duty of a Citizen under Article 51A of the Constitution, as such aforesaid judgment is needed to be corrected under Article 13 of the Constitution by declaring as void.
142. That Writ Petition (Civil) No.559/95 Writ Petition (Civil) No. D-18372/95 Writ Petition (Civil) D-2595/96 Writ Petition (Civil) No. 151/96 Writ Petition (Civil) No. D-8304/96. Writ Petition (Civil) No. D-8305/96 Writ Petition (Criminal) No.3/96 Writ Petition (Criminal) No. 8495/96 Writ Petition (Civil) No. D-8304/96 and Writ Petition (Criminal) No.D-8495 of 1996, were filed and moved by the Petitioner for enforcement of the fundamental rights, but orders passed in each Writ Petition were not less than "oppressive to judicial conscience", thus "perpetuated irremediable injustice for the Petitioner", similar to observations appears in last two lines of Para 42 of Judgment 414 (2002) 4 SCC, and its reverse impact virtually converted as the protection of the mafia activities prevailing against the Petitioner. Now Petitioner understood that such orders were passed under the impact of the principle of finality of final order of the Supreme Court, (Nine Judge Bench (AIR 1967 SC 1:(1966) 3, SCR 744) Judgment) under which mindset of the Supreme Court gradually but slowly started to shift from its responsibility as a Guardian, Guarantor and Watchdog-Protector of the individuals rights guaranteed under Article 32 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.), 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 in complete negative directions 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", while such shifting was not consistent with the object, scope, meaning and ambit of Article 32 of the Constitution. Petitioner is referring this submissions based on his own experiences.
143. That Five Judge Constitution Bench in its Judgment Dated 10th April 2002 (2002) 4 SCC 419) pronounced a very important Judgment and at Para 52 and 54 and on principle allowed to file curative Writ Petitions, but imposed a condition to file a Certificate from Senior Lawyer of the Supreme Court, but compliance of such condition was not possible for the Petitioner, in view of his experiences from the Advocates including the Respondent No. 23 and 24, and such condition was also not consistent with Clause (4) of Article 32 of the Constitution, nor was consistent with the original Scheme of Article 32 of the Constitution, which allowed filing of Writ Petitions without any support from any Advocate. In fact Clause (4) of Article 32 of the Constitution not empowered for the imposition of any condition, if fundamental rights guaranteed under Article 32 of the Constitution of any one are suspended, as were suspended of the petitioner after the orders passed by the Supreme Court in the aforesaid Writ Petitions, and when any one move under Article 32 of the Constitution against such suspension. Therefore, condition laid down by the said Judgment under the impact of the finality of the final order of the Supreme Court is in complete inconsistency with the provisions provided and rights guaranteed under Article 32 of the Constitution.
144. That in considerations of some very important observations made in the Judgment dated 10th April 2002 Petitioners hope was restored that he may get justice, and as such on 4th September 2002 vide filing Diary No. 17454/2002, Petitioner filed a Civil Writ Petition, but most surprisingly same was refused to register as per letter dated 22nd October 2002 from the Supreme Court Registry a Writ Petition under Rule 5 Order XVIII of the Supreme Court Rules 1966 (substituted by G.S.R. 407 (w.e.f. 20-12-1997).
145. That the application of Rule 5 Order XVIII of the Supreme Court Rules 1966 in respect of Petitions under Article 32 of the Constitution is completely beyond the scope, meaning, ambit of Article 145 (1) ( c) and Article 32 of the Constitution. However, the said Rule is not framed in consistent with the provision provided under Article 32 and Article 145(1)( c) of the Constitution, which is ample clear that Rules can not be made in negative direction to refuse the rights to move the Supreme Court, but to be made in affirmative direction to make the provision more venerably effective for the enforcement of the fundamental rights, and to help the Petitioners to shape their proceedings compatible as an "appropriate proceeding" for the enforcement of their rights conferred by Part III and guaranteed under Article 32 of the Constitution, but not to deny such rights.
146. That the application of the said Rule 5 Order XVIII of the Supreme Court Rules 1966 (substituted by G.S.R. 407 (w.e.f. 20-12-1997) in respect of the Application for the Enforcement of the Fundamental Rights were not consistent with the Rule 7 and 8 of the Part IV ORDER XXXV of the Supreme Court Rules, 1966 plain reading where from it was clear that in case if Court upon preliminary hearing satisfied that there is no cause of action for the infringement of the fundamental rights or that the Petition is otherwise untenable, shall be dismissed. Rule 5 Order XVIII of the Supreme Court Rules 1966 (substituted by G.S.R. 407 (w.e.f. 20-12-1997) constitutes duplication of the powers inconsistent with Article 32 and 145(1)( c) of the Constitution and at all should not be made applicable in respect of the Petition for enforcement of the fundamental rights as it is unconstitutional and should be declared void. In consideration of such situation, Petitioner filed another Writ Petition, challenging the Constittutional validity, which was returned under another Rule which also framed along with the said Rule 5 Order XVIII of the Supreme Court Rules 1966 (substituted by G.S.R. 407 (w.e.f. 20-12-1997). Therefore, Petitioner craves leaves to file a separate Writ Petition against the framing of such Rules of the Supreme Court Rules 1966 (substituted by G.S.R. 407 (w.e.f. 20-12-1997).
147. That from the said Order dated 22nd October 2002 is clearly indicating that reins of the Mafiadom controlled by the Respondent No. 25 is also running within the corridor of the Supreme Court premises.
148. That time and again there is a hue and cry, even within Legal luminiaries, and people having juristic concerns, making statements that India needed to make judicial officers accountable. During the same period framing of such Rules through which assignment of powers to the Registrar with regards to Rights to remedies causes serious concerns. In the Hindustan Times dated 18th September 1998 News was published that: "China punishes 5,000 judges, prosecutors in eight months". The former Prsident of China admitted that the violation in the profession and neglect of work ethics by some officials in judicial department has posed a threat to social stability. In India people in powers are keenly interested to make judciary to suit them, in the garb of the accountability. While, in the interest of the fair Judiciary this is more venerable that Judiciary itself shouls ivolved some concrete machnism to check miscarriage of justice, abuse of the judicial proceedings and orders without jurisdiction or under bias, at each and every levels. Photocopy of the said Letter dated 22nd October 2002 and said News are annexed herewith and marked as ANNEXURE "A-69" Collectively.
149. That under the aforesaid situation the principle of the finality of the final orders of the Supreme Court, which arrived or inferred under Article 147 of the Constitution cannot made applicable with regards to the provisions provided under Part III of the Constitution. With reference to Article 147 of the Constitution Petitioner placing some very important facts on record, which requires verification of its authenticity, interalia as follows: -
- The provision Under Article 147 of the Constitution is result of the Indian Independence treaty;
- The treaty was result of the Cabinet Mission proposal of 1945;
- In the treaty reportedly this was a condition that Constitution of India should be based on the Government of India, 1935;
- In the treaty this was a further condition that the administrative system developed by the British Rule based on Laws enacted by the Dominion Government in India should be maintained for 50 years from the date of independence;
150. That in considerations of one circumstantial evidence this can be presumed that conditionality laid down under the Indian Independence Treaty apparently reflects from Article 147 of the Constitution is framed with such language, and laid down under such conditions is arrived from the said treaty. Recently, powers of the Hong Kong was transferred to China from British Rule, and as per News Paper Reports in the Agreement for such transfer of the powers conditions similar to such reported conditions that "in the treaty this was a condition that the administrative system developed by the British Rule based on Laws enacted by the Dominion Government in India should be maintained for 50 years from the independence" is also inserted. If now a days China can accept such a condition, than there are every possibility to accept such condition by India in 1945 or 1947.
151. That such fact also appears true from the Statement made by the maker of the Constitution Dr. B. R. Ambedkar made on 2nd September 1953 in the Rajya Sabha that "People always keep on saying to me, so you are the maker of the Constitution. My answer is I was a hack. What I was asked to, I did much against my will. I am quite prepared to say that I shall be the first person to burn it. It does not suit anybody." From the aforesaid statement it can be apprehended that Constitution just in two opposite directions were caused by the aforesaid reported condition. One direction of the Constitution is creating highest respect for the preamble that makes the people soveireign; directive principle that highlight their aspirations and fundamental rights declared sacrosanct by the Supreme Court as the basic structure that gives a sensation of the democracy, while other direction of the Constitution is based on westminister system, which is creation of follow-up of the colonial system. That in view of the aforesaid provisons provided under Part III and Chapter IV having impacts in just opposite directions cannot be interpreted under Article 147 of the Constitution.
152. That from the language of the Article 147 under Chapter IV of the Constitution in respect of the Chapter IV and "Chapter V of Part VI" appears Supreme Court is still have allegiance to westminister system, which in due caurse of time since 1858 created in India as follow-up of the colonial system. The language under Article 147 empowered to Supreme Court to make interpretation is follows: "In this Chapter and in Chapter V of Part VI, 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 (including any enactment 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". The word "this Chapter" denotes to the "Union Judiciary" and "Chapter V of Part VI" denotes to "High Courts". Therefore within the scope, meaning and ambit of Article 147 of the Constitution, powers of the Supreme Court to make interpretation does not included the provision under Part III of the Cosntitution, otherwise alongwith the words "this Chapter" denotes to the "Union Judiciary" and "Chapter V of Part VI" denotes to "High Courts" the words "Part III" should have been included under Article 147 of the Constitution. Besides from some facts too, this will be clear that Article 147 of the Cosntituion cannot made applicable in respect of the Part III of the Constitution of India tomake interpreation, because subject matter of Part III of the Constitution; "The Fundamental Rights" were never exists in the Government of India Act, 1935 nor were subject matter of the orders passed by the British Privy Council, nor were subject matter of Indian Independence Act, 1947, which was enacted as per agreement between the Indian National Congress and British Government, based on the proposal of the Cabinet Mission from the British Government.
153. That without admitting but for argument sake even if Article 147 of the Cosntitution could have been made applicable in respect of the Part III of the Constitution, it is not empowered to Supreme Court to change any provision of Part III of the Constitution, nor it empowered to dominate otherwise.
154. That even from the aforesaid alleged condition, the terms of the 50 years is applicable even then it is now over, and as such now dependence over British Privy Council Judgment should be departed, as because intelligentsias of Indian Judicial Officers are not less than any one from the entire world, and without depending upon the interpretation of the Government of India Act, 1935, orders of the British Privy Council, or of hte Indian Independence Act, 1947, they can make good interpretations in considerations of the Indian conditions and requirements.
155. That Shri Jyoti Basu is no longer in the Office of the Chief Minister of the West Bengal, so one can say that situation might have been changed. As such on 21st July 2003 Petitioner served a Notice upon all State Respondents including the Union of India and State of West Bengal with object to activate them against Mafiadom. But, situation is impliedly the same. This will appear from the fact that on 1st August Petitioner approached Shri Buddhadeb Bhattacharya, Chief Minister of West Bengal, and Shri Sourin Roy, Chief Secretary to the Government of West Bengal, with containts that "as he personally known and very much respect for Shri Sourin Roy, since he was Director C&SSI, W.B. During Petitioners movement against monopolistic distribution and unfair price policy of the Aluminium Multinational producers, Late Shri Samarjeet Ghosh, Special Correspondent of the Economic Times, Late Shri Jyotirmoy Basu, M.P., and one Junior Lawyer to Shri Snehangshu Acharya, who subsequently was appointed as Advocate-General of Tripura, fully supported and stand behind the Petitioner considering his strong determination for the cause. Even Late Shri Samarjeet Ghosh, supported the Petitioner up to the level of threats to his services. Petitioner was the 1st Indian, who was invited before any Parliamentary Committee in his individual capacity, as Late Shri Jyotirmoy Basu, M.P., the then Chairman Parliamentary Public Undertaking Committee, invited him in 1977 before the Committee. Possibly this fact was also known to West Bengal Minister Shri Kamal Guha. After evidence before the Committee, Late Shri Jyotirmoy Basu, M.P., was egger to see the Petitioner in Parliament, but Petitioner was never interested in Politics. Since the Petitioner fully aware that Shri Buddhadeb Bhattacharya is an honest person and will not support running of any kind of the Mafiadom. But, as a matter of fact, Petitioner is severe sufferer of Mafiadom of Respondent No. 25, whose Mafiadom was developed due to connections between Shri Jyoti Basu and Directors of M/S. Martin Burn Limited including Respondent No. 25, through Mr. S. K. Todi, whose has exploited a lot of West Bengal interests with the help of such connections. Finding no other remedies, Petitioner have served the Notice (Dated 21st July 2003 upon the Union of India, State of West Bengal, with their respective Departments, and Kolkata Municipal Corporation against their non-actions, illegal actions or support to blackmailing activities run by said Mafiadom against the Petitioner including attempt to murder on the Petitioner and attempt to murder on son of the Petitioner; under police protection. The matter of suffering of atrocity suffered by the Petitioner having with intensity may not be second in whole of the country. The purpose of the letter is to request them to spare some valuable time to know personally that how growth and development of Mafiadom was supported, against a person committed to social cause like the Petitioner. This was admission of the Petitioner before them that if a single statement of the fact referred in the said Notice, if proved as wrong or untrue, Petitioner shall be liable to loose all of his claims, otherwise, Petitioner hoped that West Bengal Government will act for justice to the Petitioner, without any influence, under directions from both of them", by sending Fax Messages to both of them with aforesaid containts with copy by Registered Post. But situation not changed at all.
156. That in or around 19th September 2003 Petitioner send a Letter to Honble President of India and Honble Chief Justice of India with regards to his intention to file a fresh Writ Petition for enforcement of the Fundamental Rights. In the said representation Petitioner submitted his undertaking that "Upon hearing on merit, if my Writ Petition proved as vicious or based on frivolous or contains scandalous matters, I must be punished for misuse of rights to remedy". This Writ Petition is filed with such undertaking. Photocopy of the said Letter without Annexures is annexed herewith and marked as ANNEXURE "A-70".
157. That the cause of action with regards to infringement of the fundamental rights of the Petitioner were started in the year of 1982 when State Respondents discriminate the Petitioner under political influence and under implied instructions from Shri Jyoti basu, the then Chief Minister of West Bengal, not taken any appropriate actions in the several matters including Behala Police Station (South 24-Parganas District, under West Bengal Police) Case Nos. 38(7)83 dated 14th July 1983, 91(12)83 dated 29th December 1983, 106(2)84 dated 29th February 1984, 4(3)84 dated 2nd March 1984, 54(2)85 dated 19th February 1985, 67(7)86 dated 18th July 1986, Sec. VZ. C/No. 30 dated 22nd February 1991 of the New Alipore Police Station (under Kolkata Police), First Information Report dated 18th October 1994 and dated 21st January 1995 both lodged by Registered Post to Golabari Police Station (Howrah District- under West Bengal Police) against stolen of the goods and finaly dispossessed to the Petitioner from the said flat at 9th Floor, 45, M. A. K. Azad Road, Howrah with the help of anti-socials, First Information Report dated 27th November 1999 Lodged by Registered Post to Behala Police Station (South 24-Parganas District, under West Bengal Police) against demolition of the boundrywall and stolen of the valuable Documents, Books, Papers, and Goods, and lives and liberties of the Petitioner were made miserable, and till date infringement of the fundamental rights of the Petitioner constantly, and regularly caused as he is suffering atrocity of severe intensity with dangerous magnitude, as lastly appears from one information given by one Mina Lal Bhansali, which was referred by the Petitioner in his Letter Dated 17th February 2001 to said Mina Lal Bhansali with copy to Respondent No. 26 by Registered Post and other reports available to the Petitioner from which it appears that the Respondent No. 26 (being member of Mafiadom controlled by the Respondent No. 25 and front men of Shri Chandan Basu) had spent about Rs.8,00,000/- to kill the Petitioner and to grab the property of the Petitioner under the false and created claim that property is belonged to Respondent No. 28, and still effective due to non-actions by the State Respondents to ensure safety and security of the Petitioner and his properties, and cause of actions were caused on each date when embracement of the judicial officers were caused and suspension of fundamental rights of the Petitioner guaranteed under Clause (1) and (4) under Article 32 were caused on various dates when orders in his Writ Petitions were passed including on 29th August 1995, 29th January 1996, 11th March 1996, 29th March 1996, and 5th August 1996 and when Writ Petition (Civil) filed vide filing Diary No. 17454/2002 was refused to received to its Registration as a Writ Petition Under Order XVIII Rule 5 of Supreme Court Rules, 1966 (inserted in 1997), and that cause of action for this Petition is also inferred from the observations made at Para 42 of the Judgment dated 10th April 2002 SCC (2002) 4 SCC that "The concern of this Court for rendering justice in a cause is not less important than the principle of the finality of its judgments. We are faced with competing principles" but rendering the justice to the Petitioner, was not become possible, even in considerations of the grave situations suffered by the Petitioner having with intensity of severe magnitude.
158. Writ Petition is filed with the following amongst other