To, Chief Justice Swatanter Kumar,
The Chief Justice,
Mumbai High Court,
Mumbai 400 001.
Subject : Allow me to pursue
Petition against illegal police
Chowkies and kickbacks to police of Rs 3 crores per
Month, as petitioner in Cr WP 1679 / 2007.
Plus danger to my life on account of this
Hon’ble
Court delaying next hearing by 6 months.
Respected Sir,
Most humbly I hereby submit:
1. The Cr WP / 1679 was filed in August 2007, inspite
of receiving threats from the police of harming me
physically. This Hon’ble court recognised these
threats and this Hon’ble court passed an order
on 9th January 2008 Coram Justice Mr. J N Patel and
Justice Mrs Nishita Mhatre, warning the police
“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”.
2. on 25th February 2008, the threat to my life
increased manifold after I brought to the notice of
the court, the arbitrary and illegal manner, in which
the Addl Commissioner of police (traffic) had
allowed, some Advertisement companies, to gain nearly
Rs 8 crores every month. And now, postponing the
hearing of the petition by 6 months, to 11th March
2009, has increased the risk to my life from the
Maharashtra police and their associates.
3. On 25th February 2008, I filed an affidavit in the
above petition, bringing to the notice of the
Hon’ble court, numerous advertisement locations
allowed FREE to some advertisement companies, through
which, these companies were earning about Rs 8 crores
every month and It is my assertion, that the police
must be receiving Rs 3 crores approximately as
kickbacks under the table EVERY MONTH.(refer
Affidavit “A” pg 80-97 )
4. This Hon’ble court took note and asked all
parties to file their say. Accordingly 4 affidavits
were filed by the Jt secretary, Government of
Maharashtra, Superintendant MCGM, Astt General
Manager BEST and Everest Media Pvt Ltd.
5. When I tried to bring to the notice of the
Hon’ble Court the discrepancies and illegal
actions, from the affidavits received, I was not
allowed to talk. I then filed a counter affidavit on
3rd May 2008. In it I offered to get the police force
Rs 100 crores EVERY YEAR, if the contract was
auctioned under the supervision of this Hon’ble
court. ( refer Affidavit “B” pg
172-199 ). I was not allowed to read out
this affidavit from June 10th to September 11th 2008
and I was required to attend court for this petition
8 times during this June-September period.
6. In May 2008, I had made a complaint to your
Lordships that no action was being taken by Justice
Mr Bilal Nazki against the police for repeatedly
ignoring the courts orders.
7. It seems to me that I am now being punished for my
forthright ways. And I am being crushed between 2
division benches of this Hon’ble Court, first
headed by Justice Mr. J N Patel who originally passed
the orders and the second headed by Justice Mr. Bilal
Nazki which has been hearing the petition
subsequently. The court has now suggested that a
Government person be appointed as Amicus Curiae to
represent the case, in my place. If this is allowed
to happen, I fear that my case will be a lost cause
and the orders passed by the first division bench
will be buried.
Conduct of Government of Maharashtra and
Mumbai Police
Every time I have brought the following facts, to the
notice of the Hon’ble Court, I have been asked
to keep quiet.
a. On 24th October 2007 The Maharashtra Government
has been ordered by Justice Mr. J N Patel to demolish
all illegal chowkies across full Maharashtra and till
today, not even the list of such chowkies has been
provided.
b. Mumbai police on 24th October 2007, asked for 3
months, to either demolish or regularise 269 illegal
police chowkies and after almost 3 months, they
informed the court on 9th January 2008 that they
neither demolished even one nor have they been able
to regularise any.
c. Thereafter on 25th January 2008, Advocate General
Mr.Ravi Kadam asked for 6 months to demolish 137
illegal police chowkies, which were identified as
built on footpaths or were on the roads and
obstructing traffic. The Mumbai police were given 6
months time till 25th July 2008.
d. On 25th July 2008, Mumbai police filed affidavit,
stating that out of 137 only 20 have been demolished.
Which they had demolished only in the last 15 days of
the 6 month period granted to them.
e. On 11th September, the Mumbai Police commissioner
filed affidavit asking for a further 6-months period
to demolish 117 chowkies. The Hon’ble court
immediately granted this request without asking for
monthly progress reports. I was at pains to bring to
the notice of the court that to prevent repetition of
their previous evasive conduct, the Police
Commissioner must be asked to report every 15 days
how many chowkies had been demolished. For my
efforts, I was rebuffed with the words, “You
have no manners”.
f. Considering the past conduct of the police, it was
essential, that the Police commissioner report every
15 days, as to how many chowkies have been demolished
or else once again they will come at the end of 6
months, that we have demolished only 20. The fact is,
only if atleast 10 chowkies are demolished every 15
days, can 117 chowkies be demolished in 6 months.
g. Now though 20 days have passed, NOT ONE CHOWKY has
been demolished yet.
h. On 11th September, the Hon’ble Judges
declined to go through my affidavit filed in May
2008, regarding FREE Ad opportunities provided to a
private company. The Hon’ble judges, asked me to
take the matter to the Supreme Court, when I tried,
to bring the affidavit to notice of the court.
Respected Sir, my humble prayers are:
1. This petition was filed as a Cr WP, not as a PIL.
This case is my effort to make the Mumbai police a
law abiding force, after I was arrested in a false
case and my wife harassed in a illegal police chowky.
(detailed in Cr WP 2414 / 2005). As I have taken
pains of pursuing this petition at grave personal
risk, I should be allowed to guide the courts, and
not some Government nominee appointed as amicus
curiae. (If the court considers me too outspoken, I
may be asked to provide written submissions.)
2. The matter concerning the illegal awarding of the
contract FREE by the traffic police, to an
advertising company with benefit of Rs 8 crore per
month, should be decided without any delay, because
this delay can embolden those interested to
physically harm me or my family members.
Respected Sir, I am an educated 60 years old Engineer
and have been Managing Director of Public Limited
company for 20 years, which employed over 400
graduates, and definitely know, how to conduct
myself, before a court. But if I get scornfully
dismissed, every time I try to correct the Chief
Public Prosecutor, who has repeatedly tried to
misguide the court, (for one instance, please refer
para “9 a” on page 175 of Affidavit
”B”). I cannot remain silent and am at
pains to point out discrepancies to the Hon’ble
Court.