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 ….Respondents

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AFFIDAVIT

I Indur Kartar Chhugani age 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:-

1. On 24th October 2007, the Defending Public Prosecutor Mr Borulkar made a commitment “that he would get all the electric connections to the police station as well as police chowkies inspected by the Electrical Inspector appointed under the Electricity Act, 2003” and will produce a report from the electrical inspector, on the next date 9th January this has not been done yet. . Also the list of police officers involved in theft of electric power was to be provided, no such list has been provided yet

2. On 24th October 2007, the Defending Public Prosecutor had also assured the court, to provide on the next date, which was after 11 weeks, on 9th January 2008, the list of 269 unlawfully constructed chowkies and the names of the sponsorer of each of these chowky. No such information has still been furnished to this honourable court.


3. On 24th October 2007 , this Honourable court had asked for a compliance report on illegal chowkies, throughout the State by 9th January 2008. No compliance report has been filed, till date, by the Additional Chief Secreatary, Government of Maharashtra, clearly demonstrating the contempt with which the police department and the home ministry treat the orders of this honourable court, which is the highest court in the state.


4. While the police chowky outside Khar Station was demolished on 15th January 2008, the foundation 30 inches high has been left intact, which continues to be an impediment to the traffic. Surprisingly some officers have spread the word, that they plan to rebuild the chowky soon.

5. Also by an affidavit filed on 24th January 2008, I have shown that there are another illegal 150 chowkies (approximately), all over Mumbai, apart from the 269 illegal chowkies already admitted by the police, which can be termed as abandoned chowkies and must be demolished immediately. These chowkies are used for only unlawful activities and are literally safe places, where any contraband can be stored, without any fear of it being discovered by any individual or any government agency.


6. Since the order of 24th October 2007 allows me to bring additional facts to the notice of the court. I hereby bring some shocking facts to the courts notice now, which have been brought to my notice, initially by a concerned Doctor recently. These actions of Joint Commissioner of Police (Traffic) are clearly aimed at huge illegal earnings for the top police ranks in connivance with a Advertising company, to ensure a steady illegal income every month, year after year, to the traffic department. After checking all facts I have to state as under:

A. On 24th May 2001, the Joint Police Commisioner of Police (traffic) Shri Prahlad Shinde, initiated a proposal, by addressing a letter to the Addl. Muncipal Commissioner, to install Umbrellas at traffic signals with revised design, stating “…for upgrading the quality of these umbrellas for better visibility of the policemen including at night and better facilities for storage of traffic control material and better aesthetics”. Copy of letter attached as
EXHIBIT “A”.

B. Initially 76 locations were suggested, 5 alternate locations were suggested, thereafter another 22 alternate locations were suggested and then again another 10 alternate locations were suggested. At how many locations, these revised designed Umbrellas, were finally accorded permission AND at how many locations were actually installed, only the 3 conniving parties know the true answer, the Police Department, the Advertisement Company M/s Everest Media Pvt. Ltd., . and The Muncipal Corporation of Greater Mumbai.. Plus 30 additional approved on 22/04/2003..


C. In the garb of “Revised designed Umbrellas”, what has been installed across the city are Advertisement booths, inside which no policeman has ever stood to control traffic and since they are illuminated on 4 sides, in the night no policemen will be able to stand, because of the heat of the electrical lights. Photograhps of these so called Umbrellas are attached as
EXHIBIT “B”. This is a clever way of having favoured a Advertising company to acquire space at the most visible locations in the city. For what illegal consideration, only a thorough enquiry can reveal.

D. All these revised designed Umbrellas are supposed to be totally portable, according to the proposal sent on 24th May 2001, refer
EXHIBIT “A”.

E. The advertisement rates for these booths vary from a minimum of Rs 60,000 to Rs 3 lacs per month depending upon the location. Apart from these Advertisement booths, the traffic department has allowed advertisement on thousands of barricades and “Variable Message Boards” in the centre of the roads at 100s of places. The Ad rates for these “Variable message boards” are Rs 2 lacs to Rs 3 lacs per month per each location. These variable ad messages are clearly a distraction of the same level as the driver talking on the mobile while driving.

F. At the Junction of Veer Nariman Road and Marine Drive Road, three Advertisement booths have been installed, less that 100 ft from each other.
G. During his short stint as Commissioner of Police Dr P S Pasricha, who is considered an expert in traffic control, did write to Jt Commissioner of Police (Traffic) on 5th February 2004 about “urgent review of all the traffic booths and remove all those which seem to have been erected only for commercial purpose”. But unfortunately he did not remain long in that post, to be able to rectify the wrongs. Copy of his letter is attached as
EXHIBIT “C”.

H. While the Advertising Company was asked to arrange for electrical connections from BEST, what actually has happened is that connections are pilfered with impunity, from the traffic signals, with the blessing of the police authorities.

I. For booths installed on footpaths, not easily accessible from the signals, meters have been taken, but by passed cleverly. For eg the Booth at Marine drive shows an electrical consumption of only 7 units so far and this particular booth, I have checked every week, since last 3 weeks. (
Click for photos )

J. The electric companies have a very efficient system of monitoring the Electric consumption and payment for electric bills, so cannot be unaware of the theft of power by the “Umbrellas” across the city, but prefer to turn a blind eye, as they know the indirect beneficiarys are the police higher ups.

K. This is a clever and safe way of giving a monthly hafta to maintain cordial relations with the police at the cost of the General Public. Action ought to be ordered against the Electric Supply Companies. This amounts to hafta paid ingenously by large companies at corporate level.

L. More interesting is the fact that these booths are utilised as Urinals in the morning by early morning Joggers at the Marine Drive, who may have to heed natures call urgently, cleaned in the afternoon by those who offer massage in the night at Marine drive and utilised by these people for any customer who wishes some resemblance of privacy while taking a massage.

M. Most of this information was conveyed to me on my mobile No 98201 71571 on 16th and 17th January 2008, by Dr Anahita Pundole. On 18th January the Advertising agency and the police department, undertook a urgent giant operation to remove symbols of the police department from these Advertisement booths, even going to the extent of pasting newspaper sheets over the Police logos till they could be painted, clearly NOW aware that the petitioner is likely to bring up this matter before this Honourable court, attached are photographs taken on 18th January 2008
EXHIBIT “D”. This was clearly an attempt to hide the facts from this Honourable High court.

N. From the above facts it is very clear that the police have my phone tapped and they record or listen to my every conversation. This I suspect, has been taking place since over 2 years. The police commit unlawful acts with impunity and I believe no one is spared, even Judges of this honourable court who give any order against the police, are amongst the privileged who get their conversations recorded, for posterity.

O. In view of the above there is an urgent need to take strict action against those who wilfully ignore this Honourable courts orders, continue with the unlawful acts and invade the privacy of all those involved in disciplining them. The constitution of India states “All are equal before the law”, So why are police officers who have already admitted to having pilfered electric power connections not being prosecuted under the Electricity Act, which is a non bailable offence.

P. The actions of Police Authorities and the Maharashtra State, in not providing information as ordered on 24th October 2007, clearly sends a message “We do not care much about High Court orders”. If this Honourable court desires that the orders issued are taken seriously, fast and strict exemplary action is needed against all those who are today treating the orders of the highest court in the state, with utmost contempt.



I say that I am presently restricting this affidavit to the issue oforders of 24th October 2007 and advertisement booths put up by Everest Advertising with the help of the police with liberty to file a 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 25th day of February 2008 (Indur Kartar Chhugani)


Indentified by :

 


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