IN THE SUPREME COURT OF INDIA
(ORIGINAL CIVIL JURISDICTION)
WRIT PETITION (CIVIL) NO..of 2003
Union of India and OthersRESPONDENTS
SEE: I N D E X INSIDE
New Delhi MILAP CHORARIA
Dated 17th October, 2003 Petitioner-in-person
I N D E X
The documents referred herein are Photocopies:
ANNEXURE- "A-1" Measurement of the properties comprised in C. S. as well as R. S. Khatian No. 530 and 534 within Mouza Sahapur, P.S. Behala, Kolkata-700038 based on revenue survey conducted in Bengal by the Dominion Government of India in 1932 and subsequently conducted by the Government of West Bengal in 1956. Page : 99.
ANNEXURE-"A-2" One advertisement published in Statesman dated 16/06/1989 and One Page of Balance Sheet for the year ending March 1989 disclosing the relationship between Respondent No. 25 and other Directors of M/S. Martin burn Limted Page: 100-101.
ANNEXURE "A-3" Order dated 04/06/1983 and subsequent order dated 11.6.1983 in Title Suit No. 265 of 1982 proved that order dated 04/06/1983 was removed by Ld. Mr. Jayanta Kumar Dasgupta Munsif, 5th Court of Munsif, Alipore Page: 102-105.
ANNEXURE "A-4" News published in the Telegraph 29.11.1983, covering true story relating to forcible lifting of Petitioner. Page : 106.
ANNEXURE "A-5" (1) Certificate dated 17/02/1984 by Mr. Srikanta Bhattacharyya, Advocate manipulating the meaning of Injunction Order against Petitioner in Title Suit No. 108 0f 1983 and (2) Lawyers Notice dated 27th February 1984 upon Ld. Mr. Srikanta Bhattacharyya, Advocate. Page : 107-110.
ANNEXURE-"A-6" Orders dated 05/03/1984 and 26/03/1984 on anticipatory bail application of the Petitioner with reference to Bomb Material Blast case and protest Letter dated 7th March 1984 to Respondent No. 29 with copies to District Judge, Alipore, Advocate-General, and others Page 111-116.
ANNEXURE-"A-7" Protest Letter dated 7th May 1984 to Shri Som Nath Chatterjee, M.P., with reference to two page Pumphlate published by the tenants. Page : 117-118.
ANNEXURE "A-8" Orders dated 10th April 1984 and 9th may 1984 in Writ Petition No. C.O. 4044(W) of 1984 and Protest Letter dated 2nd August 1984 to Ld. Mr. Dipankar Gupta, Bar-at-Law, against his sentimental pleadings before Honble High Court. Page 119-123.
ANNEXURE-"A-9" Affidavit / document No. 5887 dated 14th May 1984 affirmed by anti-social Gopal Das confessing the facts relates to his burning when he and tenants were involved in manufacturing of Bombs. Page: 124-127.
ANNEXURE-"A-10" Letter dated 18th December 1984 to Respondent No. 30 to make payment of Rs.5/- per square Feet for his requisitioned accommodations. Page: 128.
ANNEXURE-"A-11" Message dated 23rd January 1985 and 21st February 1985 from Deputy Superintendent of Police with reference to illegal order of Shri Jyoti Basu to remove the Petitioner from his absolute property. Page: 129.
ANNEXURE "A-12" Lawyers Notice dated 13th February 1985 to Respondent No. 27 and Letter dated 6th February 1986 by Respondent No. 27 to the Officer-in-Charge, Behala P.S., admitting thereby that First Information Report lodged by him on 19th February 1985 against the Petitioner was based on untrue informations. Page: 130-131
ANNEXURE "A-13" News published relating to contract for rebuilding of burnt portion of New (Hogg) Market in favour of Company of Respondent No. 25 namely M/S. Martin Burn Limited against payment of premium of Rs.1.08 Crores against the then prevailing premium in the vicinity much more than Rs. 15.00 Crores. Page 132-133.
ANNEXURE "A-14" Statement of Shri Kamal Basu, the then Mayor of Kolkata made statement "as long as Mr. Jyoti Basu was fit and holding the reins of powers, he would remain unchallenged", and that "Jyoti Basu may be target, but they cant challenge him". Page: 134-136.
ANNEXURE "A-15" Hospital Discharge Certificate after Severe attempt to murder of the Petitioner with 42 stab wounds all over his body. Page: 137.
ANNEXURE "A-16" Respondent No. 25 got forged one letter and forwarded it through his covering Letter to create fear in the mind of Petitioner that he can be painted as a dreaded criminal. Page: 138.
ANNEXURE "A-17" Letter dated 25th November 1988 to Mr. Alokesh Sen, Special Correspondent of The Statesman, who withheld the interview of Shri Kamal Basu, taken earlier in respect of illegal sanction of Three Buildings of Ten Stories in favour of Companies of Respondent No.25 Page: 139.
ANNEXURE-"A-18" News published on 6th October 1986 in The Telegraph and Protest Letter 22nd October 1986 against said News Page: 140-145
ANNEXURE "A-19" Letter dated 28th October 1986 with reference to alleged information confirmed by Letter dated 5th November 1986 that Petitioner might be removed from his property with the help of Shri Bikes Kali Basu, the then Police Commissioner of Kolkata. Page: 146-148.
ANNEXURE "A-20" Fake Municipal Holding Certificate dated 14th November 1986 issued by Respondent No. 19 in favour of Respondent No. 28 under instructions from Shri Jyoti Basu. Page: 149.
ANNEXURE "A-21" Letter 9th November 1987 and reply Memo Letter No. F. No. 29690/3/DOR/PG-87 dated 20th November 1987 from the Ministry of Personnel, Public Grievances & Pensions against illegal transfer of Railway Land in favour Respondent No. 25. Page: 150-152.
ANNEXURE-"A-22" (1) Letter dated 25th November 1988 to Mr. Shanti Lal Jain, Councilor, Respondent No. 19 with reference to Telephoned on 2nd August 1988 to Petitioner conveying the message of Shri Kamal Basu Mayor of Kolkata to sell the property to Respondent No. 25; and (2) Show cause Notice dated 2nd November 1988 issued by Respondent No. 19 and. Page: 153-155
ANNEXURE-"A-23"Protest Letter dated 28/03/1989 to renowned lawyer Ld. Mr. B. C. Dutt, Advocate, who appeared against Petitioner in the matter in which he was already consulted on 13/03/1989 by Petitioner. Page: 156.
ANNEXURE-"24" Letter dated 28/08/1989 to Mr. N. Goswami, alleged Arbitrator in Dispute Case No.43/RCS/87-88, as he insulted the Petitioner and threatened him to thrown out from the alleged Court Room. Page: 157.
ANNEXURE "A-25" (1) Complaint dated 30th November 1987 to Income Tax Department against leakage of information to Respondent No. 25 and reply thereof; (2) Notice published by Messers Pankaj Shroff & Co, Advocates, Calcutta-700 001 with reference to one property purchased by Two Companies of Respondent No. 25; (3) Income Tax Department, West Bengal, published Notification for GRAND AUCTION SALE of various properties; (4) Complaint letter dated 16th November 1989 to Appropriate Authority, Calcutta, Income Tax Department and other authorities in respect of concealment of money actually paid in the transactions; and (5) Memo Letter No.11/3/94/PM PII/517988 dated 31st May 1994 from the Prime Ministers Office informing thereby that Revenue Secretary is directed for appropriate actions, but no such actions were surfaced till date. 158-170.
ANNEXURE-"26" Complaint dated 16th November 1989 before Income tax department against Respondent No.30 and 6 others, in consideration of their false claims about payment they have actually made and Certified copy of slip got forged by Respondent No.30. Page: 171-175.
ANNEXURE "A-27" Letter dated 11/12/1989 to Respondent No.25 tamkore9with reference to his threats that he "is in a position to use Shri Jyoti Basu, the then Chief Minister of West Bengal to harass the Petitioner". Page: 176-178
ANNEXURE A-"28" (1) Certified Copy of the 1st Page of the Entire Order Sheet of the Dispute Case No. 43/RCS of 1987-88, originally supplied on 6th January 1990; (2) re-supplied on 1st February 1990 after putting initial with noting: "correction on verification of the records"; (3) forged order sheet of 1st and 2nd page said Dispute Case; (4) some documents showing handwriting of the person involved in such forgery; (5) Notification No.673-Coop/A/8A-1/90, issued by State of West Bengal without applying its administrative mind, but under abetment from the Unofficial Order No. 48 dated 9th February 1990 issued by the then Registrar of the Respondent No. 12 to arrange property in favour of Respondent No.25 and (6) Memo Letter No. 1602 dated 17th February 1990 issued after thought. Page : Page: 179-187.
ANNEXURE "A-29" Plain copy of the order dated 29th March 1990 of Honble Mr. Justice Amulya Kumar Nandi of Kolkata High Court setting-aside the injunction order passed against Petitioner by Ld. Mr. J. C. Moulick the then Munsif of 5th Court at Alipore, in Suit filed by Respondent No. 32 and her daughter. Page 188-189.
ANNEXURE "A-30" (1) Letter dated 9th March 1990 from Shri Dilip Kumar Chakraborty, Ex. M. P.; and (2) 27th March 1990 of Petitioner, both to Shri Bhakti Bhusan Mondal, Minister of Cooperation and 4 Gate Pass used to met Shri Bhakti Bhusan Mondal; (3) Letter dated 13th July 1990 to Respondent No.19, with copy to Shri Bhakti Bhusan Mondal, Minister of Cooperation, West Bengal suggesting him to resign in consideration of his mental health as were appeared on 25th April 1990, when he failed to recognise even Shri Dilip Chakraborty, Ex-M.P. West Bengal; (4) News with reference to Memo Letter (MIC/Cop/301/29.8.90) marked "Confidential" sent by Shri Bhakti Bhusan Mondal, West Bengal Cooperative Minister to Chief Secretary Mr. T. C. Dutt to ask Ms. Mira Pandey, the then Registrar of Cooperative Societies, "may be asked to go on leave immediately" and upon question by newsmen Mr. Mondal replied contradictory replies like: (1) "I was sick and I might have signed the letter unknowingly; (2) possibly his signature may be forged (3) he will get enquired the matter Page: 190-195.
ANNEXURE "A-31" Copy of Protest letter dated 17th August 1990 to Mr. P. K. Ray, Bar-at-Law, against his appearance in a matter well conversant to him by Petitioner and (2) Letter form Mr. Debal Banerjee, Bar-at-law written by him some time in August 1986 after attempt to murder happened with the Petitioner. Page: 196-197.
ANNEXURE "A-32" Letter dated 6th September 1990 to Mr. A. K. Bhattacharyya the then learned Member of Respondent No.13 with reference to comments he made against Petitioner. Page 198-200.ANNEXURE "A-32" Dismissal order dated 3rd November 1990 in Unregistered Appeal No. 15 of 1990 passed under embracement. Page : 201-202.
ANNEXURE "A-33" Protest Letter dated 8th November 1990 to Mr. Milon Chandra Bhattacharjee, Advocate, against his criminal misconduct to influence and abet the Advocate of Petitioner. Page: 203-205.
ANNEXURE "A-34" Order dated 15/01/1991 in Unregistered Appeal Nos. 17 and 18 of 1990 Order dated 18/01/1991 Misc. Case No.3 of 1990, letter from Advocate of the Petitioner, Orders dated 16/4/1991 in Appeal No. 32 of 1990 and Misc. case No. 1 of 1991, all passed by Mr. A. K. Bhattacharjee, Member Respondent No.13, under embracement. Page: 206-218.
ANNEXURE-"A-35" Two News items with reference to statement of Shri S.S. Ray, ex-Chief Minister of West Bengal demanded probe into assets of Basus family and Mr. Sudip Bandopadhyay, the then MLA that Basu accepted kickbacks from builders. Page: 219.
ANNEXURE "A-36" First Information Report dated 22nd February 1991 recording wrong direction of the Truck accidence arranged / staged to kill the son of Petitioner under a plot hatched by Respondent No. 25 and his associates. Page: 220-221.
ANNEXURE "A-36" Memorandum dated 5th September 1990 under heading "A MATTER OF THE CALCUTTA MAFIA and challenges to ADMINISTRATION OF JUSTICE".Page: 222-236.
ANNEXURE "A-37" Copy of order dated 26th March 1991 passed under criminal connivance and misuse of Judicial Office, by Ld. Mr. J. C. Moulick, the then Munsif, 5th Court, Alipore, ignoring 16 Rulings of different High Courts, to support blackmailing objects against Petitioner. Page: 237-238.
ANNEXURE-"38" Letter dated 10th April 1991 to Mr. Mihir Ranjan Chowdhury, ARCS, who join hands in forgery of the Order Sheet. Page: 239.
ANNEXURE- "A-39" Letter 12th September 1991 to Shri Har Kishan Singh Surjeet, General Secretary, CPI (M), Shri Som Nath Chatterjee, M.P., and Shri Biman Bose, West Bengal CPI (M) Leader. Page:240- 243.
ANNEXURE "A-40" Slip in which at the upper side portion one person on 13th September 1991 claiming his name as "Jagneswar Sinha" with false claim from Income Tax Department to create a false affidavit of service to obtain Rule in Contempt Proceeding initiated against Petitioner. Page: 244.
ANNEXURE "A-41" Petitioner tendered his unconditional apology, by Letter dated 25th June 1992 withdrawing his Application for according sanction against Mr. Prabir Mazumdar And Shyamal Kumar Sen, JJ.Page: 245.
ANNEXURE "A-42" Resolution dated 19th September 1992 by the Bar Council of West Bengal, to save brethren Advocates. Page: 246.
ANNEXURE "A-43" (1) Protest Letter dated 19-20th June 1991 to Mrs. Maity Ghosh, Advocate against her threat to Petitioner; (2) Letter dated 5th July 1990 to Learned Mr. N. K. Khaitan, Advocate of Respondent No.30, with reference to his involvement in various Criminal Misconduct; (3) Letter dated 21st January 1992 Shri Gouri Shankar Gupta, Advocate, releasing him from cases of Petitioner; and (4) Letter dated 21st November 1992 and reply Letter dated 3rd December 1992 from M. R. Choudhury, Advocate with reference to his message to compromise with Respondent No.25, otherwise Respondent No.25 will spoil the life of Petitioner. Page: 247-253.
ANNEXURE-"44" Copy of Order dated 23-29th May 1992 passed in Title Suit No. 348 of 1987 without hearing on merit whether the Deeds executed in favour of the Cooperative Society were without any consideration money or not or whether made under any fiduciary relationship or not. Page: 254-255.
ANNEXURE "A-45" (1) Letter dated 26th October 1992 to Mr. Jai Chand Lal Sethia, famous gambler of Kolkata and Partner of Shri Chandan Basu, against his threat to Petitioner (2) Letter dated 30th October 1992 to Shri Chandan Basu, with reference to claim of Jai Chand Lal Sethia that he is partner of and working on behalf of Shri Chandan Basu against Petitioner with Photo of News relating to arrest of said Jai Chand Lal Sethia; and (3) Reply of Letter dated 24th December 1992 from Shri Jyoti Basu. Page: 256-259.
ANNEXURE "A-46" Letter dated 6th April 1992 from Shri George Fernandes, to the then Union Home Minister Shri S. B. Chavan, with reference to harassment of Petitioner caused by Respondent No.25; and (2) Reply Letter from the then Union Home Minister Shri S. B. Chavan, to Shri George Fernandes, M.P. Page: 260-261.
ANNEXURE-"47" Letter dated 6th January 1993 to Shri Jyoti Basu with reference to contacts between Petitioner and Shri S. K.Todi, which were destroyed when Mr. S. K. Todi become middlemen between unscrupulous promoters and Shri Jyoti Basu. Page: 262-263.
ANNEXURE "A-48" Letter 24th July 1993 to Shri Hashim Abdul Halim, Speaker of West Bengal Legislative Assembly against offer to mediate between Petitioner and Respondent No.25 through Mr. Fatehpuria. Page: 264.
ANNEXURE-"49" (1) Letter dated 23-30th April 1993 from Mr. Dilip Ghosal, Inspector, Assessment Department, Respondent No.19; (2) Letter dated 3rd June 1993 to Mr. Dilip Ghosal, as during visit his office he confessed before the Petitioner that Municipal Holding No. 161/N Binoba Bhave Road, in favour of Respondent No.28 was created on 14th November 1986 under instructions from Shri Jyoti Basu, the then Chief Minister of West Bengal; (3) Reply Letter dated 12th June 1993 from Mr. Dilip Ghosal, Possibly dictated by some Senior Officer from Writers Building; (4) Envelop by which said Letter dated 12th June 1993 was posted on 14th June 1993 on behalf of Mr. Dilip Ghosal, from the Head Quarter of Chief Ministers Office: Writers Building, Post Office (5) Letter dated 1st July 1993 to Mr. Dilip Ghosal, which was never replied. Page: 265-269.
ANNEXURE-"50" (1) Letter dated 5th April 1993 to Shri Duli Chand Surana against his claim of agent of Shri Chandan Basu; (2) Letter dated 20th April 1993 to Shri Jyoti Basu, the then Chief Minister of West Bengal against misuse of the Powers and abuse of authority; and (3) Application dated 8th July 1993 to President of India, for according sanction to prosecute Shri Jyoti Basu. Page: 270-288
ANNEXURE-"51" Letter dated 9th August 1993 from O.C. Murder Section, Detective Department, Kolkata Police Head Quarter, in which Petitoner was asked to come to his office with relating papers to death of his alive son and strong protest Letter dated 11th August 1993 to the Secretary, Home (Police) Department, against such threat for death of son of Petitioner contained in the letter. Page : 289.
ANNEXURE "A-52" Memo Letter No.406/3/93-AVD.IV dated 1st November 1993 from the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training in response to the said Application to President of India for according sanction to prosecute Shri Jyoti Basu. Page 290.
ANNEXURE-"A-53" Letter dated 24th June 1994 to Mr. Kedar Nath Fatehpuria, when Petitioner reported that during 1990 when Mr. Kedar Nath Fatehpuria, along with Mr. C. K. Jain, Solicitors sitting in the Chamber of Ld. Mr.Bhasker Sen, Bar-at-Law conveyed him that "this man (Petitioner) is not of such kind of person who can be allowed to sit in your chamber"; and News dated 03/10/1994 relates to arrest of Mr. Kedar Nath Fatehpuria against his use of anti-socials to get vacate a large property. Page 291.
ANNEXURE "A-54" News dated 15th November 1994 with heading "BASU ACCUSED OF MISAPPROPRIATION". Page: 292.
ANNEXURE "A-55" (1) Money Receipt dated 18.11.1993; (2) Letter dated 6th December 1993; (3) draft of Letter addressed to Governor of West Bengal as prepared and forwarded by Respondent No. 23; (4) Letter dated 17th April 1995 to Respondent No. 23; (5) Reply Letter dated 8th May 1995 from Respondent No.23; (6) Strong Protest Letter dated 17th May 1995 to Respondent No. 23; (7) Letter dated 23rd May 1995 from Respondent No. 23, admitting thereby "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". Page : 293-301.
ANNEXURE-"A-56" Letter dated 27th March 1995 from Shri S. P. Boral, Jt. Secretary to the Government of West Bengal to the District Magistrate, Howrah, and Letter dated 8th April 1995 to District Magistrate Howrah against Criminal activities conducted against the Petitioner. Page:302-304.
ANNEXURE-"57" Letter dated 19th April 1995 to Shri Har Kishan Singh Surjeet, General Secretary, of Communist Party of India (Marxist) against misrule of Shri Jyoti Basu in favour of Mafiadom. Page: 305-308.
ANNEXURE "A-58" (1) Order dated 29th August 1995 dismissing the Writ Petition (Civil) No.559/95; (2) Order dated 29th January 1996 dispossing off Writ Petition (Civil) No. D-18372/95; and (3) Order dated 11th March 1996 dismissing Writ Petition (Civil) D-2595/96 Page: 309-311.
ANNEXURE- "A-59" The Statesman published a story in its two issues dated 2nd and 3rd November 1995 under heading "CMC gifts 50 cottas to promoter", and "Promoter pays politicians, Govt. staff to get project going" with reference to Respondent No.25. Page: 312-313.
ANNEXURE-"A-60" Letter dated 4th December 1995 of learned Mr. Rajiv Dhawan Senior Lawyer, who conveyed "Many thanks for your letter, which combines juristic concern with the intensity of one having suffered personal atrocity". Page: 314.
ANNEXURE "A-61" Petitioner, withdrawn on 19th January 1996 Writ Petition (Criminal) No.3/96 to file a fresh Writ Petition. Page: 315.
ANNEXURE "A-62" Order dated 29th March 1996 dispossed off the Writ Petition (Civil) No. 151/96 was disposed off and Letter dated 6th June 1996 to Respondent No. 22, as per observations made by Mr. A. M. Ahmadi, CJ, of India as he then was to forward the New Model of Civil Procedure Code innovated by Petitioner 316-317
ANNEXURE "A-63" Orders dated 5th August 1996 dismissing the Writ Petition (Civil) No. D-8304/96 and Writ Petition (Criminal) No. 8495/96 and Office Report. Page : 318-321.
ANNEXURE- "A-64" Letter dated 22nd June 1994 to Mr. Biman Bose, Member CPI(M) Central Committee CPI(M) informing thereby that the fundamental rights of the petitioner were infringed by "Mafiadom under the umbrella of Shri Jyoti Basu" and Letter dated 17th October 1996 to Shri Har Kishan Singh Surjeet and other CPI(M) Leaders to persuade to Shri Jyoti Basu to hand over the matter relates to his Nexus with Respondent No. 25 to Respondent No. 7 for enquiry. Page : 322-324.
ANNEXURE "A-65" Letter dated 21st October 1996 to Mr. Bhure Lal, the then secretary Respondent No. 6; Letter dated 6th November 1996 No. Secy/Com/96 on behalf of Shri Bhure Lal, Secretary, Respondent No. 6 calling Petitioner and Letter dated 16th December 1996 Mr. Vishwapavan Pati, after Petitioner met with Shri Bhure Lal, the then Secretary, Respondent No. 6. Page: 325-328.
ANNEXURE "A-66" Indian Express published lead News on 9th August 1996 under heading "I cant break politics-crime-nexus, says Indrajit" the then Union Home Minister and Petitioners request dated 3rd March 1997 for security. Page: 329-331.
ANNEXURE-"67" First Information Report dated 27/11/1999 when Office of Petitioner was demolished and goods, Books and Papers lying in more than Ten Boxes and one Almirah were stolen. Page: 332.
ANNEXURE "A-68" Letter dated 17th February 2001 one Shri Mina Lal Bhansali, who informed that Respondent No. 26 front man of Shri Chandan Basu had spent about Rs.8,00,000/- to get the property of Petitioner. Page: 333.
ANNEXURE "A-69" Letter dated 22nd October 2002 by which 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 one News published in the Hindustan Tiems under heading "China punishes 5,000 judges, prosecutors in eught months" Page 334-335.
ANNEXURE "A-70" Letter dated 9th September 2003 to Honble President of India Dr. A. P. J. Kalam, and Honble Chief Justice of India Mr. Visheshwar Nath Khare. Page : 336-338.
New Delhi MILAP CHORARIA
Dated 17th October, 2003 Petitioner-in-person