See how backlog of cases are created in courts ... Amend Contempt laws immediately

from,
I K Chhugani,
501, Pinky Panorama, 6th Road, Khar W,
Mumbai 400 052

17th October 2008

To,
Hon'ble Mr. Justice K.G. Balakrishnan
Chief Justice of India,
C/o The Registrar,
Supreme Court of India,
Tilak Marg,
New Delhi-110 001 (India)

Subject : Backlog of cases in Courts ... one big reason is Courts & police love to play football, kicking the petitioner as the ball.

Respected Sir,

“Oust corrupt, infirm judges: CJI to HCs”, is the headline of the article I read in the Times of India on morning of 16th October 2008. And in the next 5 minutes, I learnt thru the net, I was required to attend a case in the Bombay High Court, regarding a Contempt Application I was fighting, against Khar police, for over 2 years, since they had deliberately disobeyed the high Court orders passed in my favour on 15th February 2006, staying all proceedings in a false case of breaking court seal and trespassing into a property, U/s 448, 454 r/w 34 of the I. P. C., in which I was arrested and had to spend 6 days in jail. My wife and son had to apply for anticipatory bail. The fact is there was no order ever passed to seal the property.

The contempt application ( APPW/329/2006 In WP/2414/2005 ) came up before Hon’ble Shri Justice F.I. Rebello plus Justice Shri A A Kumbhakoni . The application was disposed off in 5 minutes, as the Hon’ble Judge found that my lawyer had filed a criminal contempt petition, whereas “wilful disobedience to any judgement of the court, writ or direction amounts only to civil contempt” and thus my application was disposed off. It means the Contempt of Courts Act allows the police to disobey the court orders with impunity, because civil action means a waiting period of 20 years or more to get justice.

Now no action is feasible against the police or my lawyer who surely filed a sterile application deliberately and the various Judges, who wasted their own time and mine in the 2 year period, because this application came up before many 2 Judges Bench in the 2 year period, before it got finally disposed off in 5 minutes on 16th October 2008. They are as follows:

A. . First on 21.9.06 the application came up for hearing before Justice Shri J N Patel plus Justice Smt R S Dalvi and to my utter shock, instead of taking action against the Khar Police, the Judges decided to withdraw the interim relief granted on 15.2.06. I wrote to the Chief Justice of India, Justice Shri Y K Sabharwal on 26th September 2006 about the goings on. Nothing happened ( copy of letter attached for ready reference also on net http://www.RoguePolice.com/cjapex.htm ).

B. Next on 23/3/2007 it came before Justice Smt Ranjana Desai plus Justice Shri D B Bhosale and the police were directed to file their reply in 2 weeks. Police never bothered to file a reply.

C. Next on 27/3/08 it came up before Justice Shri R M Khandeparkar plus Jusice Shri A A Sayed and it got simply adjourned, because my lawyer did not show up and I requested the court, to discharge him from the case.

D. Next on 25/4/08 it came up before Justice Shri Bilal Nazki plus Justice Shri A P Bhangale and he said “Rightly or wrongly the charge sheet is now filed, so attend the Magistrate’s court in Bandra”. He would not hear any further, the contempt application against the Khar police. And ordered the public Prosecutor to serve court papers on me before next date.

E. Next on 26/6/08 it came up before Justice Shri B H Marlapalle plus Justice Shri J H Bhatia and he heard patiently and took on record, the RTI reply from Khar police, in which they have stated that “Investigation officer was too busy and ( in about 3 months ) he did not get time to read the High Court order so the charge sheet was filed inadvertently”. The public prosecutor shamelessly asked the court to dismiss the original Writ petition, because the prayers now had become infructious, in the original petition prayers were “The Respondnts No 1 & 2 may kindly be directed to drop the prosecution against the petitioner in respect of I C R No 103/05 registered with Khar police, Mumbai U/s 448, 454 r/w 34 of the I. P. C” ... “and now the Charge sheet was already filed, even though inadvertently”. Fortunately this plea was not accepted.

F. Finally it was disposed off on 16th October 2008 by Hon’ble Shri Justice F.I. Rebello and Justice Shri A A Kumbhakoni. After following this application in the high court for 2 years, it literally is dismissed. What hope can anyone have of getting Justice through the highly learned Judges, who dare not act against the police, even when they deliberately ignore High Court orders.

Time was wasted by 10 Judges, who never bothered to understand the Contempt application moved by my advocate and for these hearings I had to attend court about 20 times, as many times it was very low on board.

Courts & police love to kick petitioners like a football.

Am 61 years old, educated and well informed citizen, capable of fighting the corrupt, but getting Justice through the courts is almost an impossible task, because the Courts and the police are like 2 friendly teams, who treat the petitioner like a football.

1. Was arrested by the Khar police on 28/3/2005 after false FIR was filed against me on 24/3/2005, initiated by a Judge Shri V L Achilya of the Special MPID Court. The charge was of tresspassing into property after breaking court seal U/s 448, 454 r/w 34 of the I. P. C, when there was no occasion to pass order for sealing the property, in a case before the same judge.

2. On 30th January 2006, new Judge of the MPID court Justice Shri N D Deshpande discharged me from the charge of breaking court seal, because there was no order to seal the flat. But not before he almost made me and family commit suicide, because of his repeated threats over a 2 month period of evicting me from my home . This was clearly an attempt to bury the erroneous action of the previous Judge Shri V L Achilya. ( written complaint against Judge Achilya filed with Chief Justice, Bombay High Court ).

4. The High Court was already approached, by way of CrWP / 2414 / 05. The petition was admitted on 15/2/2006 and Interim relief granted, staying all proceedings at the Khar police station. Till that time i.e 11 months after my arrest, no charge sheet was filed.

5. The Khar police station, simply ignored the High Court orders, and filed the charge sheet nearly 3 months later. Later stated in RTI reply “Investigation officer was too busy, and did not have time to read High Court order, so charge sheet was filed inadvertently”. This false explanation was supported by the copy of the High Court order, from which the signature of Investigation officer was erased, to give impression that he never saw the order. This amounts to forgery. However the signature of Sr Police Inspector was not erased.

6. Approached High Court for contempt. First Justice J N Patel withdrew interim relief and later Justice Shri Bilal Nazki issued verbal orders “Rightly or wrongly charge sheet is now filed, so you attend Magistrates court”. And ordered the public Prosecutor to serve court papers on me before next date.

7. Complaints to Addl Commissioner of police, remain unanswered. Complaint made do Deputy Commissioner of Police only get a response “Approach the Assistant Commissioner of Police,(crime) who will conduct a deep inquiry”. Visits to the Assistant Commissioner of police, find a pan stained grinning un-cooperative man.

8. Tried to file FIR for forgery against Sr Police Inspector of Khar police station, the duty officer refused to register FIR.

9. Filed a Cr WP 1529 / 2008 at Bombay High Court seeking direction to register FIR for forgery against Sr Police Inspector Khar Police Station. Justice Shri Bilal Nazki dismissed the petition. In the dismissal order it is stated that the petitioner must approach the Magistrate instead. Which is clear attempt to harass the petitioner, help police and delay proceedings further, because the High court has powers to order registration of FIR.

Respected Sir, the above experiences are from the highest Courts in Mumbai, can you imagine, what must be happening in courts in smaller cities and towns, especially where the people dragged to courts are not literate.

CC to::
1. Chief Justice Shri Swatanter Kumar, Bombay High Court.
2. Shri M P Sanjeevani, Under Secretary, Government of India, Cabinet secretariat, (Directorate of Public Grievances).
3. Law Commission, New Delhi
4. Transparency International .

Attached :
A. Copy of letter dt 26th September 2006 to Justice Shri Y K Sabharwal (on net http://www.RoguePolice.com/cjapex.htm
B. Copy of Contempt application (329 on Cr WP/2414 /05)
C. Copy of MPID Court order dt 30th January 2006
D. Copy of RTI reply received from Khar Police, regarding “No time to read HC order”
E. Copy of letter to CJ Bombay High Court dt 30th September 2008.

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