India's
deliberate unpreparedness to face
terrorism ...
Calling upon the Chief Justice, to order
a probe to find out, which politicians
are working hand in glove, with the
mafia, which provides support to the
terrorists.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
DISTRICT: MUMBAI
PUBLIC INTEREST LITIGATION NO.: 20 OF 2008 filed
on 24.12.2008
Indur Kartar Chhugani ….Petitioner
(email ikchhugani@yahoo.com )
Age : 61 years, Occ. : Social work,
R/o. : 501-502, Pinky Panorama CHS Ltd.
6th Road, Khar (W), Mumbai - 400 052.
V E R S U S
1.
Union of India, represented by
the Home Secretary, Ministry of Home Affairs,
Government of India, North Block,
Central Secretariat,
New Delhi – 110 001. ... Respondents
2. The State of Maharashtra,
Represented by the
Addl. Chief Secretary, Home Department,
Government of Maharashtra, Mantralaya,
Mumbai.
The
matter is NOT URGENT, is the view
of the High Court Judges.
Appeared
in HC on 26th December 2008, then
on 5th January 2009, then on 15th
January then on 29th January and
5 times more ... Next date
9.4.2009
The
Government lawyers did not appear
on 15/1/2009. Then on 29/1/2009
asked for time to reply.
All
pleas to the Court to treat the
matter as URGENT, so that
politicians working hand in glove
with mafia who help terrorism,
are exposed before impending
elections are ignored.
It
would help, if some NGO or public
spirited persons joined me in the
PIL at High Court ... Cost would
not be much... contact me at ikchhugani@yahoo.com
(1) The Petitioner is requesting for appropriate
Writs, directions or orders, more particularly of the
nature of a Writ of Mandamus, and any such order or
further orders/directions as this Honourable Court
may deem fit and proper, to the Respondent Nos. 1, 2
and 3 to apprehend citizens of India or of Pakistan
or any other country, involved in activity
detrimental to the interests of the nation, which
helps, the terrorists, to kill citizens of India.
Most of the illegal activity is already within their
knowledge.
(2) The petitioner draws the kind attention of this
Honourable court, to the fact, that the gross
negligence displayed, by the Respondents 1, 2 and 3
through their inaction to apprehend the terrorists,
has brought our country, to a near war like
situation. A war that may cost millions of lives.
Attached is an article, giving details, by the
Chairman of “Friends of the South Asian American
Communities” (FOSAAC). Attached as EXHIBIT
“A”.
(3) The Petitioner is a senior citizen of India
residing along with his family at the address stated
in the cause title. He is an educated person with the
qualifications of a Mechanical Engineer and has been
a successful businessman with a clean record. He is a
public spirited person concerned for the well being
of the society and hence has come before this
Honourable Court with the present Petition. He is
also the managing trustee of “People for Legal
and Emotional Assistance to the Deserving”
(PLEAD) Regd No E-24397 (BOM).
(4) The objective of PLEAD is to bring together all
retired and working persons of good education 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.
(5) The petitioner has earlier filed a Writ Petition
in August 2007, numbered CrWP/1679 /07, bringing out
the nexus between shady builders and the Police
officers, regarding building of illegal Police Beat
Chowkies across Maharashtra, consequent to which this
Honourable court has issued directions for demolition
of all illegal Police Beat chowkies across
Maharashtra.
(6) The Police department, for reasons, not difficult
to understand, has been allowing criminals a free
hand, in committing acts detrimental to the interests
of the Society and the Nation, resulting in a
terrorist strike, which has traumatized the nation.
(7) The facts have been brought to the notice of the
Nation, by a leading Newspaper, The Times of India,
just 4 days after terrorists struck Mumbai and killed
over 200 people ruthlessly.
(8) The Times of India is an esteemed daily
newspaper, established more than 100 years ago. The
first report that appeared in The Times of India,
dated 1 December 2008 (at page 15 of the daily), is
attached herewith as EXHIBIT “B”.
a. The report states “The Intelligence Bureau
(IB) has sent a detailed dossier about the activities
of one Mohammed Ali, who is the uncrowned king of the
docks”.
b. According to the report “Ali is a close aide
of Karachi-based terrorist Dawood Ibrahim, Ali
smuggles petrol, diesel, drugs, arms and other
contraband with impunity”.
c. The Report states “the government is
reluctant to move against Ali and his gang because he
enjoys the patronage of a powerful politician, known
to be a business partner of Dawood”.
d. The Newspaper report further states after
recently, they picked up Hasan Ali, a racehorse owner
from Pune and a joint probe by the IB, Enforcement
Directorate (ED) and Directorate of Revenue
Intelligence (DRI) revealed “that Hasan Ali had
handled hawala transactions worth a whopping Rs
35,000 crore, much of it belonging to two Maharashtra
politicians. His laptop revealed details of vast
amounts stashed away in Swiss bank accounts.”
e. The report states “The authorities were
reportedly asked to go slow on Hasan Ali”.
f. Further the report states “Inspector Vijay
Salaskar, who died fighting the terrorists, had
closely investigated the entrenched links between a
prominent gutka manufacturer and the Dawood gang. He
had unearthed a mass of evidence about the
manufacturer’s visit to Dubai, where he met
Hamid Antulay, a nephew of Dawood, and then went on a
false Pakistani passport to Karachi where he met the
don and his brother Anees. The purpose of the visit
was to settle a business dispute with a
rival.Salaskar found out that the manufacturer was
Dawood’s partner in the gutka business,
alongside a leading politician who dabbles in real
estate development. Despite Salaskar’s best
efforts, he was never allowed even to summon the
manufacturer for questioning”.
g. The Report further states “The details of
Dawood’s vast business transactions and the man
fronting it are available with the Central
government. But there is inaction”.
(9) The next report that appeared on the front page
in The Times Of India, three days later, on 4
December 2008, . is attached herewith as EXHIBIT
“C”.
a. The report states that “Dawood continues to
phone his contact in Mumbai”.
b. Further, the report states “Recently, a
contact who fronts for him in the real estate
business reportedly sent Rs 120 crores via hawala,
sources in the government stated”.
(10) The next report that appeared in The Times Of
India 18 days later, on 21 December 2008, at page 4
is attached herewith as EXHIBIT “D”. the
salient points of which are:
a. A secret meeting
was held at Geneva last year, which was attended by
Dawood, the politician and the arms dealer. The money
transaction was worked out at the meeting. “The
Centre has report of this meeting, but it is not
acting on it,’’ a source said.
b. Indian security agencies are reportedly keeping
tabs on the movements of known business partners of
Dawood in Mumbai, including a gutka baron and a top
builder, to find out if they are going to Dubai en
route to the secret birthday bash.
c. “However, all these efforts add up to nothing
as the government is not at all inclined to crack
down on Dawood’s financial empire in India
despite us gathering all kinds of information about
it,’’ a security official said.
(11) From paras 8,9 and 10 above, it is clear, the
Government agencies have been having all the
information, about the illegal activities of Dawood
Ibrahim, since quite some time. Also they know the
name of the powerful politician, known to be a
business partner of Dawood - definitely long before
the terrorist strike of 26/11.
(12) Further, a big
controversy is raging in the country and the
Parliament now in the wake of the public statements
by Mr. Antulay regarding the killing of
Mr. Karkare, the Maharashtra Anti-Terrorist-Squad
(ATS) Chief along with two other valiant officers by
the terrorists alleging that ‘terrorism plus
something else’ may the real cause for their
deaths and calling for a thorough probe into the
matters. He hinted at the hands of any Hindu
terrorists even in this regard. Whatever may be the
validity and rationality of his suspicions, the very
fact that they arise from the mind of a reputed
senior politician and responsible union minister and
that there are also a good many responsible
politicians and people supporting his demand for such
a probe, fortify this petitioner’s own
apprehensions of the
underworld-politician-bureaucrat-terrorist nexus
leading to the recent terrorist mayhem in Bombay.
EXHIBIT “E” attached herewith is a
compilation of press reports regarding Antulay’s
controversial remarks.
(13) Further, it is
apt to point out here itself that the Cr WP/1679/07
regarding illegal police chowkies, was filed in
August 2007 by this petitioner despite threats from
the police of harming him physically and during the
course of hearing the writ petition, this
Hon’ble Court recognised these threats and
passed an order on 9 January 2008 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”. Thereafter, the Mumbai
police, offered police protection to the petitioner,
at their own expense, however this petitioner
declined that offer, as it was unthinkable that 1 or
2 gunmen could protect him from the Maharashtra
police. The petitioner herein further states that the
threat to his life increased manifold ever since 25th
February 2008, pursuant to his bringing to the notice
of this Court the arbitrary and illegal manner in
which the Additional Commissioner of Police (Traffic)
had allowed some Advertisement companies to gain
nearly Rs 8 crores every month and made out a clear
case for cancelling this Advertisement contract given
away for free. Regarding this, a letter was also
submitted to the Chief Justice, Bombay High Court, on
30th September 2008 a copy of which is attached
herewith as EXHIBIT “F”.
(14) The petitioner
further says that the threat to him and his family
will increase manifold, perhaps to a greater
proportion than that faced by many politicians of the
country, pursuant to filing of this writ petition and
after this Honourable court orders the police to
initiate immediate action against those named in the
3 Times of India reports.
(15) GROUNDS
FOR THIS WRIT PETITION:
A. The Times of India
seems to definitely have a lot of information
regarding the illegal activities of criminals and
politicians involved in activities detrimental to the
interests of our country, and surely that newspaper
publishers and editors can and will provide more
information to the highest authorities of the
Government or the police, if so required. However,
even after all these reports have appeared, no one
from the Government appears to have made any efforts
to act on those. As such the lives and properties of
millions of people in Bombay are in jeopardy due to
the ever present terrorist menace exacerbated by the
underworld-corrupt politician-bureaucrat nexus and
hence the Right to Life guaranteed under Article 21
of our Constitution is seriously infringed by the
inaction and negligence of the government
authorities.
B. The Mumbai police
has also turned a blind eye to all the reports that
have appeared in The Times of India and have taken no
action to apprehend the gangster Mohammed Ali who is
described as the underworld don and uncrowned king of
the docks in league with the dreaded terrorist
gangster Dawood Ibrahim now reportedly moving freely
in his cosy shelters in Karachi, Pakistan, or the
likes of Hasan Ali who are so numerous in Bombay
making hell of the lives of ordinary, innocent and
honest people. Their inaction and negligence also
blatantly violate the letter and spirit of Article
21, which has a rich positive content and mandates
protection of the lives of citizens also.
C. It is also clear
that all the concerned persons in authority to be
acting arbitrarily without taking the people into
confidence through transparent proceedings and
democratic governance is a desideratum. As such the
people’s security and liberties including
freedom of speech and expression are jeopardized and
their lives and properties are in grave danger with
already around 200 precious lives lost and crores of
properties damaged in the recent terrorist mayhem
which is in considerable measure due to the
negligence, inefficiency and arbitrary functioning of
the authorities and as such fundamental rights of the
people under Articles 14 and 19 are also infringed in
a large measure.
D. Further, these
authorities themselves appear to be scared of the
gangster Dawood and his powerful political friends in
India. Therefore the people of Bombay need be given
ample security through the remedial measures
suggested/ ordered by this Court and, more
particularly this petitioner needs and deserves to be
given the highest security possible.
(16) P R A Y E
R S:
1. In the
circumstances narrated and for the reasons stated
supra, I request that this Honourable Court may be
pleased to issue an appropriate writ, order or
direction, particularly a writ in the nature of
MANDAMUS, to the respondents, specifically to
respondents 1 and 2, to immediately conduct a high
level enquiry into the dealings and relations between
the underworld leaders and terrorist suspects in
Bombay and elsewhere in Maharashtra with a
comprehensive report to be submitted to this Court
within three months thereof, with a consequent
direction that the respondent No. 3 will spare no
pains to arrest and detain unlawful elements named in
the Times of India reports as a precautionary measure
for the protection of lives and properties of
millions of people in Bombay and elsewhere from the
underworld plus terrorist gangs.
2. Award costs to the writ petitioner; and pass such
other order or further orders as this Honourable
Court may deem fit and proper in the circumstances of
the case to meet the ends of justice.
3. INTERIM RELIEFS: In the
circumstances narrated and for reasons stated in the
foregoing paragraphs, it is just and necessary that
this Honourable Court may be pleased to forthwith
direct that –
A. The Rule Nisi may
be issued in this Writ Petition,
B. The Mumbai police immediately identify the
powerful politician, known to be a business partner
of Dawood.
C. The Mumbai police initiate immediate action also
against those who have issued directions to go slow
against the individuals indulging in criminal
activities detrimental to the country.
D. The Maharashtra
Government arrange for same level of security to the
petitioner and his family, as arranged for
Respondents No 1 and 2, considering the facts of this
petition.
E. For any other and further relief as deemed fit and
proper in view of the important issues of public
interest raised in this Writ Petition.
For which acts of kindness and justice the Petitioner
shall ever be grateful.
Mumbai :24 /12 /2008 (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.
Indur Kartar Chhugani (Petitioner)
Mumbai : 24 /12 /2008
Identified by me
.
.....Pleease
Copy and mail to your friends.....
Dear
friend,
Please
read how our Politicians and Police have
sold out the country and see how the
Judiciary works hand in glove with them.
After
a Citizen of India, filed PIL at Mumbai
High Court on 24.12.2008, bringing out
facts, how Politicians have been working
to help supporters of terrorists, the
Judges decline, to speed up the hearing.
According
to the Judges, the matter is not urgent.
The writer is a veteran journalist
.............................EXH “A”
Consequences
of a possible war in South Asia-
According to one of the studies, for example,
if five cities each of India and Pakistan are hit in
a nuclear war, about 1.7 million people will be
killed in India and about 1.2 million in Pakistan, or
a total of about three million in the region. If 15
cities of the two countries (eight in India and seven
in Pakistan) are nuked, according to a classified
Pentagon study, the toll could mount to 12 million
deaths.
Carcinogenic black rain in coastal areas of
Hiroshima-like high humidity and the velocity of
summer winds and dust storms especially in the
India-Pakistan border region will widen the fallout.
The global consequences will be no less grim - even
if the conflict remains regional and does not become
a world war . Ira Helfand, a US medical specialist,
in a study of October 2007, projected "a
total global death toll in the range of one billion
from starvation alone" as a result of
the regional war over a period of time.
Earlier studies have suggested that such a conflict
would throw five million tonnes of black soot into
the atmosphere, causing a reduction of 1.25 degrees
Celsius in the average temperature at the earth's
surface for several years. Consequently, the annual
growing season in the world's most important
grain-producing areas would shrink by between 10 and
20 days. According to Helfand, the world was ill
prepared to cope with such a disaster. "Global
grain stocks stand at 49 days, lower than at any
point in the past five decades. These stocks would
not provide any significant reserve in the event of a
sharp decline in production. We would see hoarding on
a global scale." All this was said quite
sometime before the eruption of the latest food
crisis.
Yet another study estimates the smoke unleashed by
100 small 15-kiloton nuclear warheads could destroy
30 percent to 40 percent of the world's ozone layer.
This is expected to kill off some food crops.
Thanks for reading this and let us support no War Lt Kevin Kishore Kaul Retd Indian Navy
Chairman FOSAACwww.fosaac.com