appli209

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

DISTRICT: MUMBAI

CRIMINAL APPLICATION NO 2 OF 2009 (filed on 25.3.2009)
In
Cr PUBLIC INTEREST LITIGATION NO.: 20 OF 2008

WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA
IN THE MATTER OF ARTICLES 14, 19 & 21 OF THE CONSTITUTION OF INDIA

WRIT Petition of the Petitioner above named –

Most Respectfully Showeth:

I, the Respondent, Indur Kartar Chhugani, son of Late Mr.
Kartar Chhugani, aged 61 years, resident of 501/502 Pinky Panorama Co-operative Society, 6th Road, Khar (West) Mumbai- 400 052, do hereby state on oath and solemn affirmation as under:-

That I am the managing trustee of a Trust called “People for Legal and Emotional Assistance to the Deserving” (PLEAD), Regd. No. E-24397 (BOM). The objective of PLEAD is to bring together all retired and highly educated persons such as Engineers, Doctors, Lawyers, Military personnel, Teachers, Journalists, Judges, Police officers and other literate citizens to unite under one forum and form citizen groups in each police station area to bring about changes in all matters of importance to the public and the nation through legal and democratic means.

(1) The humble Petitioner has gone through the Affidavit filed by Shri Dattarya Tukaram Naikodi, Inspector of Police attached to the Crime Branch, CIU, Mumbai. It is alleged in this affidavit that I, the above named petitioner, is in a habit of drafting and filing such Public Interest Litigations, which have no locus standi in the eyes of the law.

(2) In this affidavit, a strange order passed by Hon’ble Mr. Justice Bilal Nazki on 11.9.2008 in Criminal Application no 223/2008 in Cr WP /1679 /07, is cited, wherein I, the above named Petitioner was blocked from exposing an unholy nexus between the Mumbai Police and an advertising company, which entailed huge kickbacks to the Mumbai Police.

(3) The Government of Maharashtra has filed a Petition for Special Leave to Appeal (Criminal ) No. 8898 of 2008 in November 2008 in the Hon’ble Supreme Court of India against orders passed by this Hon’ble High Court in Cr WP 1679/2007.

(4) The Hon’ble Supreme Court of India issued a notice to me, as Respondent No 1, disregarding this strange order of Justice Bilal Nazki and had directed me to be present in the Supreme Court on 16.3.2009, to show cause why leave to appeal as prayed not be granted and status quo granted not be confirmed.

(5) I had remained present in the Hon’ble Supreme Court of India on 16.3.2009 and a week prior to the hearing of 16.3.2009, had filed an Affidavit in Reply. A copy of Notice from the Hon’ble Supreme Court of India is attached as EXHIBIT A and a copy of the Affidavit in Reply is attached as EXHIBIT B. (http://www.RoguePolice.com/maharash.htm )

(6) From the perusal of my affidavit in reply filed by me in the Hon’ble Supreme Court of India and my earlier letter to Hon’ble the Chief Justice of the Bombay High Court on 30.9.2008 ( Attached as EXHIBIT C ), immediately after this strange order was passed, it is abundantly clear, that this order was passed, so that a unholy nexus between the Police Department and an advertisement company, which is earning Crores every month, is not disturbed.

(9) That this information in above Para was shared, with two lawyers of this Hon’ble court, who are considered as officers of the court, immediately.

(10) After the petitioner declined this offer and the advertising company engaged counsel, who was the Son of a Supreme Court Judge, now retired, it came as no surprise on 11.9.2008, when the Hon’ble court barred the petitioner from being part of the proceedings. That the petitioner has no doubt in his mind, why he was ousted from the petition on 11.9.2008 as various reports have appeared, repeatedly, about the influence wielded by the Sons of Judges over the Fathers and Uncles in the Judiciary.

(11) That to the best of the knowledge of this petitioner, there is no law or directive from the Hon’ble Supreme Court of India or Her Excellency, the President of India or the Government of India, that should any citizen bring to the notice of the courts any major corrupt practice by the Police,or any Government agency, then he or she must be persecuted by the Courts, together with the help of public prosecutors, till he stops pursuing the matter. And if need be, the petitioner should be sent to Judicial custody, if he persists in pointing out falsehoods, being conveniently provided by the Advocate General, Chief Public Prosecutor or the Public Prosecutor.

(12) How Unfair and irresponsible is the accusation that I the petitioner, is in a habit of drafting and filing such Public Interest Litigations, which have no locus standi in the eyes of the law, can be gauged from facts below:

A. Affidavit was filed on 22.10.2007 by Late Shri Hemant Karkare, who passed away on 26.11.2008 in the dastardly terrorist assault on Mumbai, which states that out of 388 Beat police Chowkies, 269 Beat police chowkies have not obtained permission from the Brihan Mumbai Municipal Corporation. Even Electric connections pilfered for these chowkies was admitted.

B. That the order of 24.10.2007 (in para 4) reads as hereinafter: “Mr Borulkar, the learned public prosecutor, assures the court, that the respondent Police Department is prepared to mend and rectify the illegality in a phased manner and expressed its gratitude to the petitioner for bringing to the notice of the State Government the illegalities and errors committed by the Government in constructing police chowky and obtaining electric connection”.

C. That however, after expressing gratitude to me in the court, the senior Police Officers threatened me outside the court and this is recorded in order of 9.1.2008 para 1 and the last 3 lines of para 2, which read as: “We make it clear that if any harm visits the petitioner, the Home Department and the Commissioner of Police, Greater Mumbai will be solely responsible for the consequences”.

D. In January 2008, Mr Ajit Sawant, Sr. Inspector of Khar Police Station, filed an affidavit, offering an unconditional apology, after I pointed out various false assertions the Mumbai Police was making in this Honourable Court and states in Para 5: “I say that it is an inadvertent mistake on behalf of the then Senior Inspector of Police, hence I tender unconditional apology to this Hon’ble Court”. This affidavit was drafted by Chief Public Prosecutor Shri Satish Borulkar.

E. Before this Affidavit was filed on 18.3.2009 in Cr PIL 20 /2008 by Inspector of Police Dattarya Naikodi, which was drafted by Dr. F. R. Shaikh, Addl. Public Prosecutor, High Court Mumbai, making such damaging allegations against me the petitioner, they should have read the contents and proceedings of Cr WP / 1679 /07, which they definitely have not done.

F. Or Inspector of Police Dattarya Naikodi, and Dr. F. R. Shaikh, Addl. Public Prosecutor, High Court Mumbai have access to some secret directive, to harass all citizens, who come to expose corruption and inefficiency in the police force.

(13) Maharashtra Government appointment of High Level Committee

A. Maharashtra Government on 30th December 2008 appointed a Committee to be headed by Mr. R. D. Pradhan to make appropriate recommendations to deal with such acts in future (Terrorist attack of 26/11)

B. This Committee was to give report in 2 months and now it is almost 3 months and there is no report in sight so far. These committees set up by the Government are only a eyewash, meant to assuage the feelings of angry citizens of Mumbai and give a false hope, that something is being done, to prevent such happenings in future. When actually nothing is being done.

C. After the 1993 Bomb Blasts in Mumbai, a high power committee was set up by the Government of India, headed by the then Home Secretary, Mr. N. N Vohra as chairman and the Special Secretary (Internal Security and Police), MHA was subsequently added as a member of this committee. ( this Vohra committee report is already submitted in this petition, in my affidavit dt 12.1.2009)

D. This so called “VOHRA COMMITTEE REPORT” was submitted to the Government on 5.10.1993, suggesting various recommendations. If these recommendations had been respected and followed in letter and spirit, possibly the terrorist attack of 26/11 could have been prevented.

E. The police Department has been treating all the Reports that have been appearing in the media, particularly the Times of India, as if they are related to events on another planet.

F. The Police refuses to identity the Politicians and Sr. Government functionaries, who continue to provide support to those who are considered close to the dreaded Don Dawood Ibrahim.

G. Report dated 13th January 2009 from the Times of India states …. “The D gang is suspected to have performed a recce and provided logistical support to the 26/11 terror attack executed by the Lashkar-e-Taiba at the instance of the ISI with which Dawood has extremely close links. But with the authorities in India reluctant to crush his gang in Mumbai, members have been emboldened in their operations. The open distribution of sweets was a clever way of telling the people that the don still wields power in the metropolis”.

H. The report further states “Ali has become so bold that recently he threatened a Union minister and demanded a huge ransom amount from him. This minister, who did not wish to have his identity disclosed, told TOI recently: “I was shocked when Ali called me recently and tried to extort a vast sum from me. If this is my plight, the condition of others can well be imagined. I do not know why the state government is not doing anything about this man.’’ Report Attached as EXHIBIT D.

I. Even this Union Minister has stated “I do not know why the state government is not doing anything about this man.’’

GROUNDS FOR THIS WRIT PETITION:

A. This petitioner does not want this strange order passed by Justice Bilal Nazki on 11.9.2008 in Cr WP /1679 /07 to be hanging around his neck,all his life, inviting all to use this order against him in courts. This order has no sanctity today after The Hon’ble Supreme Court recognised this petitioner as Respondent No 1, ignoring the order of 11.9.2008.

B. The State of Mahaharashtra refuses to prosecute all those, who have been working to help the underworld.

C. The State of Maharashtra is doing nothing to instill confidence in the mind of the citizens, even after disturbing reports appear, informing that even Central ministers are scared of the underworld.

1. This Honourable Court, which is the highest court in Maharashtra conduct a judicial inquiry, to instill confidence in Citizens of Mumbai and pinpoint facts, why the Mumbai Police and the State of Maharashtra, refuses to act, after repeated reports, in the media, have highlighted facts about politicians involvement and Government functioniers lamenting that they are being restrained from taking action against those close to Don Dawood.

2. This Honourable court may kindly formulate and publicise guidelines under which circumstances, petitioners like me coming to the Courts with information of wrongdoings in the Government Departments deserve to be persecuted.

3. This Honourable Court alternatively direct Inspector of Police Dattarya Naikodi, and Dr. F. R. Shaikh, Addl. Public Prosecutor, High Court Mumbai, to offer an unconditional apology, for having filed this affidavit, without going through, the details of the proceedings and having cited the unjust and deplorable order of 11.9.2008 passed by justice Bilal Nazki.

4. This Hon’ble Court direct The Times of India to reveal the name of the Union Minister, from whom Ali demanded a huge ransom. The same Union Minister who is afraid to reveal his name.

5. This Hon’ble Court to instill confidence in citizens of Mumbai, direct the Commissioner of Police, Mumbai, to contact, through the Times of India, the Union Minister, who was threatened by Ali and register FIR against Ali, without any delay.

6. Any other just and equitable order in the interest of justice may kindly be passed.

For which acts of kindness and justice the Petitioner shall ever be grateful.

Mumbai : 24 / 3 /2009 (Petitioner)

A F F I R M A T I O N

I, Indur K. Chhugani, son of Late Kartar Chhugani Aged: 61 years; Occupation: Social Work, citizen of India, Resident of 501-502, Pinky Panorama CHS Ltd., 6th Road, Khar (W), Mumbai - 400 052, the Petitioner above-named, do hereby solemnly affirm and state that I have read the contents of the foregoing paragraphs and whatever stated therein is true and correct to the best of my knowledge and belief.

Mumbai : 24 /3 /2009 Indur Kartar Chhugani
(Petitioner)

Identified by me

...................................................................................................................................................................

------------------------------------------------------------------------------------------------------------------------

Corruption in India,Mumbai,happy,health,Corruption,police,delhi,Bombay,chennai,dubai,constittution,
elderly,corruption,control,bangalore,calcutta,pune,lucknow,change,sessions,court,high court,Supreme court,improve,justice,courts,hafta,chhugani,Chhugani, Pratibha Patil,Rajnikant,verdict,criminal,
system,senior citizens,Times of India,High Court,Supreme Court of India,judgement,
Harish Shetty,Shilpa Shetty,Bandra,Khar,Brown Sugar,Drugs,Sindhi,Xavier College,Stephrns College,Starplus,Jethmalani,memon,Dawood,BharatShah,Barkha,ndtv,Bribes,Infosys,Cnn,Aajtak,Zee,Gandhi, Sabharwal,Jessica Lal