(
this case came up on 11th September 2008 before
Justice Bilal Nazki ... Who has passed an absurd
order ... to let police continue with their corrupt
ways )
IN THE HIGH COURT OF
JUDICATURE AT MUMBAI
CRIMINAL APPELLATE JURISDICTION
DISTRICT : MUMBAI
CRIMINAL WRIT PETITION NO.: 1679 of 2007
Indur Kartar Chhugani ….Petitioner
V E R S U S
The State of Maharashtra & Othrs
….Respondents
AFFIDAVIT
I Indur Kartar Chhugani age about 60 years, residing
at 501/502 Pinky Panorama Co-operative Society, 6th
Road, Khar (West) Mumbai 400 052, do hereby state on
oath and solemn affirmation as under:-
I am replying to the 4 affidavits filed by Mr P T
Goud, Jt secretary of Government of Maharashtra, Mr
Suresh Kharate Dy Superintendant, MCGM , Mr. Ashok
Kane, Asst General Manager, BEST and Mr Robin
Carruthers of Everest Media Pvt. Ltd., the reply is
to the specific paras, which deserve a reply. All
other paras I will reply later, only if needed. Also
added are facts about myself on account of Mr Robin
Carruthers charge that “I K Chhugani is a
eccentric and meddlesome interloper motivated by
publicity”.
1) The trust “People for Legal and Emotional
Assistance to the Deserving” also known as
PLEAD, was registered on 23rd August 2007 (Regd No
E-24397 - BOM) I am the managing trustee. This is the
first PIL and was filed on 31st August 2007 against
corruption in the police force of Mumbai. The main
objective of this trust is:
a) Combating the corrupt especially in the police
force.
b) Helping the deserving under priveleged students
study further. Specifically those who deliver
newspapers in the morning, work at petrol pumps and
pursue studies under street lamps on account of less
space at home.
2) The
aim of this NGO named PLEAD, is to organize
educated citizens in each police station
area, to form watchdog committees to combat
corruption. Already over 160 highly educated
and prominent citizens from Mumbai have
joined in. Amongst them are principals of
colleges, leading lawyers, Directors of
leading companies, Engineers and Doctors.
Forms of 10 such citizens are attached as
EXHIBIT “A” Colly.
3) The
advertising industry recognizes me as the pioneer of
Yellow Pages in India, having been the first to
publish a yellow pages directory, titled SELPAGES in
January 1984. I was the founder Managing Director till
2004 of Sellaids Publications I Ltd., the company
which published SELPAGES from numerous cities. Unable
to fight the competition from the TATA Group, the
company suffered heavy losses and the publication of
the directories stopped. Attached are two articles
from two leading city magazines of the 90s. One from
GENTLEMAN and the other from ISLAND in 1992,
reporting Mr Ratan Tata and Mr Hoshang Billimoria, MD
of Tata Press Ltd., as my new adversaries in business
EXHIBIT “B” Colly.
4) From
1983-2001, I through my company Sellaids Publication
I Ltd., was a buyer of outdoor advertising space on
hoardings, BEST buses and shelters, etc, spending
about Rs 50 to Rs 60 lakhs every year. Also since
1984, I am a LIFE MEMBER of “The Advertising
Club, Bombay”, which is the premier advertising
organization in the country, just like the Bar council is
for those from the legal community. Almost 90% of
advertising professionals and advertising media
buyers are members of this organisation in Mumbai.
5) From
the knowledge that I have of the outdoor
advertising industry in Mumbai, I can very
confidently assert that the pedestals across
Mumbai, which the Mumbai Police has allowed
free to an advertising company, can easily
generate Rs 100 Crores EVERY YEAR, with 0
investment of Mumbai Police. (Rupees one
hundred Crores). This money can be used most
productively for providing benefits to the
lower ranks of the police force, such as
funding their housing requirement, childrens
education and compensating a Policeman’s
family in case of death while on duty.
6) At present all the financial benefit goes to the
private parties, who in turn must be paying, to the
Sr Police Officers about Rs 2 – Rs 3 Crores
EVERY MONTH under the table. This has been happening
since last 7 years, I admit I do not have any film
footage, to show the Sr Police officers receiving the
bribes, but like all citizens, I too am blessed with
common sense, which says, the highly intelligent IPS
Officers would never allow any businessman to earn
crores with their help, without getting some portion
of it as bribes.
7) I am willing to offer free consultancy to the
police department, to implement the above project,
which will bring in Rs 100 Crores minimum EVERY YEAR
for the benefit of lower ranks of the Police in
Mumbai. I
repeat investment needed from the police will be 0.
Alternatively the police can get help from The
Advertising Club, Bombay, which is an organization of
Advertising professionals
8) The sale of rights to advertise on these pedestals
and other allied sites (already sanctioned for the
Free receiving advertising companies) must be offered
in a transparent manner under the Honourable
Court’s Supervision. Leading companies will
outbid each other, to avail of such prime advertising
sites and the amount received may turn out to be
higher than the Rs 100 Crores estimated by me.
9) Refer affidavit of Mr Suresh Kharate Dy
Supertendantt of Licence, MCGM, Mumbai 400001.
a. In para 2, it is stated “The said NOC was
issued on 1.8.2001 to the joint Commissioner of
Police (Traffic) Mumbai and the Joint Commissioner of
Police (Traffic) Mumbai in turn issued permission
letter dt 2.8.2001 to Ms Everest Media Pvt.
Ltd.”, under a strange arrangement. This clearly
nails the lie of Public Prosecutor stating in court,
that it is the Muncipal Corporation which has given
the permission to the advertising company. The fact
is, that the MCGM has given permission to the police,
which in turn offered the permission to the company,
that offers the maximum bribe. Same as happens, when
police allows shady builders and pimps to sponsor
chowkies. It also means, that the police can change
the company that it patronises at will or cancel the
permission if bribes are not paid or delayed.
b. Para 9 reads “In case of breach / violation
of the aforsaid conditions, joint Commissioner of
Police ( traffic) shall terminate the contract with
the sponsorers and inform MCGM accordingly”.
c. In Para 4, last 2 lines clearly indicate
“Total number of pedestals as 86”.
d. Para 5 (2) while giving rates (i) For period upto
12.1.2003, it is shown Annual Advertisement fee per
pedestal as Rs 10,080 plus Ground rent as Rs 12,600
total being Rs 22,680/-. But a casual look at Exhibit
2, letter dt 6-11-2001, shows that total being
collected per pedestal was only Rs 12,240/-.
e. Para 5(2) while giving rates (ii) for period from
13.1.2003 it is shown Annual Advertisement fee per
pedestal as Rs 10,160 plus Ground rent as Rs 21,000
total being Rs 31,160/-. Total figure of 86 pedestals
will come to Rs 26,79,760/-.
f. Against
Rs 26,79,760 receivable from Everest Media Pvt Ltd.,
it is stated that “Amount of Rs 93,80,780/-
approximately including advertisement fees and ground
rent has been received from Everest Media Pvt.
Ltd.,”.
g. Mr Suresh Kharate Dy Supertendantt of Licence,
MCGM, Mumbai 400001, has deliberately inflated the
figures to misguide the court and strict action needs
to be taken against this officer or else he will only
boast to his colleagues, how easily he fooled the
court to help Everest Media Pvt. Ltd., leading to
more officers adopting same methods in future to
misguide the Hon’ble court. Needless to add,
this officer must have been rewarded by Everest Media
Pvt Ltd, for this act of bravery.
10) Refer affidavit of Mr Robin Carruthers of Everest
Media Pvt. Ltd.,
a) In para 5(b), it is stated “Petitioner is a
eccentric and a meddlesome interloper motivated by
publicity”. Paras 1-8 above have addressed this
charge.
b) In para 5(e)(ii).It is stated “These
pedestals are not chowkies and are in the nature of
temporary shelter for the traffic police from the sun
and rain”. These pedestals are open from
all 4 sides and will offer shelter from the sun only
at 12 noon plus 30 minutes before and after. Shelter
from rain it will offer, if the rain falls with 0
wind velocity. No wonder, never is a policeman seen
standing in any such pedestal. Only the photograph
provided by Everest Media, shows a policeman standing
in the pedestal.
c) In para 5 (h) it is stated “the traffic
Department had first assessed the necessity of having
the pedestals and only after assessing the
requirement, the NOC for installing the pedestals was
given”. Yet in para 6 are given numerous
instances of “Alternate locations” for
pedestals. Did sun and rain suddenly stop
bothering policemen at earlier locations?. What the company does not
disclose is, that their advertising customers wanted
ad locations at other places, so the police
co-operated and allowed them to install pedestals
according to the requirement of the advertisers.
d) On page 7 (ii) of the affidavit that “Dr P S
Pasricha went on to become the DG for the whole of
Maharashtra. In 2008 more than four years after he
issued a letter regarding reviewing all traffic
booths and asking for action if these are found to be
erected only for commercial purpose”. I here
would like to mention, that Dr Pasricha was
unceremoniously removed from the post of the police
commissioner, the very same day that he wrote this
letter, so it is understandable, that he was not
willing to once again risk loosing the post of
Director General because of these pedestals. So the
pedestals have continued, providing crores of Rupees
as kickbacks every month.
e) On Pg 23 of the affidavit para 17, I am required
to provide proof of the fact that Dr P. S. Pasricha
was an expert in traffic control. I have no proof,
except what I have read in news media about him, such
as “Dr. P.S. Pasricha, is a Ph.D. In traffic
management, He is the recipient of the President's
Police Medal for distinguished service and Indian
Police Medal for meritorious service, both awarded by
the President of India. He is widely acknowledged as
the country's leading authority on traffic and
transportation management. He is a member of the All
India Traffic Engineering Committee and National
Committee on the Privatisation of Highway
Construction and Management. His book "Traffic
Management : A long way to go" was acknowledged
as a rare intellectual work on the subject. He has
also authored "You only live once", a
teenager's guide to road safety. I believe the news
media in India, reports honestly most of the time.
Latest I read in media is on March 16, 2008 “Dr
Pasricha has been invited by the Goa government to
assist the State which is currently in the midst of a
crisis owing to increasing road accidents and
fatalities.”
f) On page 9 it is mentioned that the contract is
valid “without any improprietory
whatsoever” also in the very next para it says
“I submit, therefore that any action of the
state can only be carried out once the contract
period has expired” and on page 10 is mentioned “these
pedestals are contracted to applicant till
2015”. The improprieties they have committed
are too many, clearly they themselves admit, the
contract comes up for renewal only at the end of the
contracted period. But read in the paras f,g,h,
below, how they have got the contract renewed again
and again.
g) On
23.04.2002 Jt Commissioner of Police traffic Mr Sunil
Vaidya sanctioned NOC till 09.03.2006 with a rider “this NOC
could be withdrawn if required by the competent
authority in public interest”.
h) Without
waiting to reach 2006. On 22.04.2003 Jt Commissioner
of Police traffic Mr Sunil Vaidya sanctioned NOC till
30.04.2010
with a rider “this NOC could be withdrawn if
required by the competent authority in public
interest”.
i) Without
waiting to reach 2010. On 09.05.2006 Jt Commissioner
of Police traffic sanctioned NOC till 30.04.2015. This letter was signed by Mr
Sanjay Dani ACP planning. The letter states “the
terms and conditions would remain the same as in the
previous NOCs”. All these letters are attached
to the affidavit of Everest Media as Exhibits
j) On page 13 of affidavit (xi) it is mentioned “by
5th May 2005 the respondent No 2 had granted
permission in respect of 76 pedestals as were earlier
granted and subsequently cancelled”. No reason
is given why firstly the permission was cancelled or
how was permission given again. Such drastic action
is often taken, when the sum orally contracted as
illegal gratification is not paid in time.
k) On page 15 is mentioned “Applicant
has obtained the Electric connections for 41
pedestals and balance 46 are illuminated by
battery”. All these pedestals are portable, and
there is no provision for providing electric
connections to portable structures, so how can
electric connections be given. Regarding batteries
being used for illumination, it is highly improbable,
but the company can show bills of Batteries purchased
in last 3 years and easily convince the court, that they have filed a truthful
affidavit. Also total amount paid, for electric
connections, if any, can be ascertained from the BEST
and Reliance Energy Ltd.
l) On page 18 of affidavit (11) it is falsely
mentioned about 1/3rd space reserved for public
messages. True facts are mentioned in Exhibit D,
letter dated 23.04.2002 para 5 a. “All the four
sides of the middle panel having heigth 42”
length 72” and width 60”. The traffic
police logo of diameter 30”should be displayed
conspicuously on each side”. It was this logo
that was removed overnight between 17-18th
January2008, after I received information about these
ad booths on my mobile phone. Nowhere is this logo
now displayed. And this is one more breach/ violation
of the conditions.
m) Please refer Exhibit A, letter dt 1.08.2001 of Dy
Chief Engineer (traffic) MCGM through which
permission was accorded to the Jt Commissioner of
Police (traffic) for these pedestals. Para 9 reads
“In case of breach / violation of the aforsaid
conditions, joint C.P. traffic shall terminate the
contract with the sponsorers and inform MCGM
accordingly”.
n) Now that it is very clear that allowing the
advertisement company to sponsor the pedestals is not
in the public interest and also the advertisement
company has committed breach/ violations of the
conditions, it is the Jt Commissioner of Police
(traffic) who must terminate the contract and inform
the MCGM and this Hon’ble court without any
delay.
11) Refer affidavit of Mr Ashok Kane, Asst General
Manager, BEST.
a. In para 6, it is confirmed that the electric meter
for advertising booth at Marine Drive continued to
show only 7 units. The meter has now been replaced.
However all advertisement booths have not been
checked. If checked, the same story will be repeated
everywhere. At most places there is no meter and
power is simply pilfered, from traffic signals.
b. In para 9, it is stated that “Respondent No4
already has instituted appropriate legal action under
the Electricity act, 2003 in respect of aforestated
illegal consumption by police of electricity supplied
by Respondent No 4”. Why no action is initiated
against advertisement companies, is not explained.
12) Refer affidavit of Mr P T Goud Joint Secretary
Government of Maharashtra.
a. In para 8, it is stated “if in the future
however, any aspect contrary to public interest is
noticed, it is open to the traffic police as well as
the Govt. to discontinue the present system”.
Now paras 6 to 8 above clearly show how it is in the
public interest to immediately discontinue the
present system. The paras above also show numerous
unlawful acts have been committed to ensure that the
present system continues atleast till 2015. Power has
been pilfered too.
I say that I am presently restricting this affidavit
as a rejoinder to the affidavits filed by Mr P T
Goud, Jt secretary of Government of Maharashtra, Mr
Suresh Kharate Dy Superintendant, MCGM , Mr. Ashok
Kane, Asst General Manager, BEST and Mr Robin
Carruthers of Everest Media Pvt. Ltd., with liberty
to file detailed reply later.
Mumbai
Dated Indur Kartar Chhugani
VERIFICATION
I, Indur Kartar Chhugani Age 60 years, residing at
Khar, do hereby state on solemn affirmation that what
is stated hereinabove is true and correct to the best
of my knowledge and record and information gathered
by me, which I believe to be true.
Solemnly affirmed at Mumbai
This day 5th of May 2008
Indur Kartar Chhugani)
Indentified by : Self
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