From: amazingpeople2
MILAP CHORARIA
Columnist : For Several DAILY Newspapers in India
Author: A MODEL OF NEW CONSTITUTION FOR INDIA
(Under a project for Nationwide Debate to formulate public opinion)
The then Member: Sub-Committees on Finance & Marketing Under Working
Group on SSI Sector for Ninth Five Year
Plan Constituted by the Government of India
Convenor : Movement for Accountability to Public (MAP)
Ex-Hoy.Gen.Secy. : INDIAN COUNCIL OF SMALL INDUSTRIES (ICSI),
Calcutta
President : Federation of Aluminium Users Association of India
Secretary : Tamkor Vikas Samity (Rajsthan)
Member : Transparency International (India), H.O.Berlin (Germany)
Member : ICANN
Worker (Member) : Servants of the People Society ( DB), Lajpat
Bhawan,New Delhi
Worker (Member) : Worker's Committee of Lok Sevak Sangh, Lajpat
Bhawan,ND.
8648, Shidipura, KarolBagh,
New Delhi-110 005 Dated 3rd May 2004
To,
Hon'ble Mr. Justice S. Rajendra Babu,
Chief Justice of India,
Supreme Court of India,
New Delhi
Hon'ble Lordship,
On 26th April 2004, I have submitted a Complaint against criminal
conspiracy going on in Supreme Court under influence to abet me to
commit suicide, to protect interests of Mafiadom and its supporting
Powerful Advocates, in serious violation of the Fundamental Rights
to Remedy.
I am repeating the same as because Your Lordship have entered in the
office of Chief Justice of India on 2nd May 2004.
I hope that your Lordship will consider my complaint to take
appropriate actions in the matter to ensure Right to Justice.
Your Lordship's duty bound Law abiding Citizen
(Milap Choraria)
ENCLOSED: (1) Complaint Letter dated 26th April 2004;
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(2) Concept of VIRTUAL TWO SUPREME COURTS; and
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(2) Copy of related Press Statement.
MILAP CHORARIA
Columnist : For Several DAILY Newspapers in India
Author: A MODEL OF NEW CONSTITUTION FOR INDIA
(Under a project for Nationwide Debate to formulate public opinion)
The then Member: Sub-Committees on Finance & Marketing Under Working
Group on SSI Sector for Ninth Five Year
Plan Constituted by the Government of India
Convenor : Movement for Accountability to Public (MAP)
Ex-Hoy.Gen.Secy. : INDIAN COUNCIL OF SMALL INDUSTRIES (ICSI),
Calcutta
President : Federation of Aluminium Users Association of India
Secretary : Tamkor Vikas Samity (Rajsthan)
Member : Transparency International (India), H.O.Berlin (Germany)
Member : ICANN
Worker (Member) : Servants of the People Society ( DB), Lajpat
Bhawan,New Delhi
Worker (Member) : Worker's Committee of Lok Sevak Sangh, Lajpat
Bhawan,ND.
8648, Shidipura, KarolBagh,
New Delhi-110 005 Dated 26th April 2004
To,
Hon'ble Shri V. N. Khare, Chief Justice of India,
Hon'ble Mr. Justice S. Rajendra Babu, Designated Chief Justice of
India,
Hon'ble Mr. Justice R. C. Lahoti, in near future to be appointed as
Chief Justice of India,
Hon'ble Mr. Justice N. Santosh Hegre,
Hon'ble Mr. Justice Doraiswamy Raju,
Hon'ble Mr. Justice Y. K. Sabarwal, possibly in future may be Chief
Justice of India,
Hon'ble Mr. Justice Ruma Pal,
Hon'ble Mr. Justice S. N. Variava,
Hon'ble Mr. Justice Shivaraj V. Patil,
Hon'ble Mr. Justice K. G. Balakrishnan, possibly in future may be
Chief Justice of India,
Hon'ble Mr. Justice Brijesh Kumar,
Hon'ble Mr. Justice B. N. Agarwal,
Hon'ble Mr. Justice P. Venkatarama Reddi,
Hon'ble Mr. Justice Ashok Bhan,
Hon'ble Mr. Justice Arijit Pasayat,
Hon'ble Mr. Justice B. P. Singh,
Hon'ble Mr. Justice D. M. Dhamadhikari,
Hon'ble Mr. Justice H. K. Sema,
Hon'ble Mr. Justice S. B. Sinha,
Hon'ble Mr. Justice Arun Kumar,
Hon'ble Mr. Justice B. N. Srikrishna,
Hon'ble Mr. Justice A. R. Lakshamanna,
Hon'ble Mr. Justice G. P. Mathur, and
Hon'ble Mr. Justice S.H. Kapadia, possibly in future may be Chief
Justice of India,
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All Hon'ble Judges of Supreme Court of India.
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All through Registrar General of Supreme Court of India, with one
copy each directly by Post.
Complaint against criminal conspiracy going on in Supreme Court
under influence to abet me to commit suicide, to protect interests
of Mafiadom and its supporting Powerful Advocates, in serious
violation of the Fundamental Rights to Remedy.
Hon'ble Lordships,
I am severe victim of the powerful mafiadom, having nexus with the
several Powerful Politician in India including Shri Jyoti Basu, who
with the help of such politicians, using muscle and money powers,
and through embracement of Judicial Officer and some Powerful
Advocates caused such a situation under which my all fundamental
rights including Rights to Remedy become infractuous, which I have
referred in detail in Writ Petition filed on 29th October 2003 under
filing Diary No. 22474 of 2003. Matters relates to my suffering were
examined by Vohra Committee, headed by the then Union Home Secretary
Mr. N. N. Vohra for its Report, in respect of Criminalisation of the
Politics. Said Mafiadom is so powerful, influential, and competent
to effect Administration of Justice even some extent up to the level
of the Supreme Court.
The Constitutional Bench headed by as he then was Hon'ble Chief
Justice of India Mr. S. P. Bharucha by Judgment Dated 20th April
2002 shown courage to admit that mockery of justice under
miscarriage of justice, and / or abuse of judicial proceedings,
and / or orders without jurisdictions or under bias, in to some
extent is going on in the Supreme Court. To remove such situation
new platform of curative Writ Petitions were created. However,
conditions laid down by the said Judgment, for filing of Curative
Writ Petitions by the Petitioner-in-person like me (having suffered
from the embracement of Judicial Officers and Powerful Advocates,
committed criminal misconduct violating their respective duties for
the monetary gains and benefits of the said Mafiadom), inconsistent
with the provisions of Part III of the Constitution, due to impact
of the principle of finality of the Supreme Court Orders. In fact
the principle of finality of the Supreme Court Orders in respect of
the orders passed under the provisions of Part III of the
Constitution was held and made applicable, without considerations,
as the same were never placed before Hon'ble Supreme Court, of the
important substantial question of law relating to clear concept of
Virtual Two Supreme Courts, as defined in a separate sheet.
From the entire Constitution mockery of justice under miscarriage of
justice cannot be justified. Rather Supreme Court has been assigned
very important independent, separate and untrammeled responsibility
of the guardian, guarantor and watchdog armed with unchallenged,
untrammeled, with unrestricted Supreme Powers over all other
authorities (including Parliament) to protect Indian democracy by
protecting the Fundamental Rights of the Individuals, contrary to
which reversed impacts from such responsibility, in any manner
whatsoever, cannot be justified, while in my matters it appears. In
fact mockery of justice under miscarriage of justice could be
possible in violation of the oath taken under Constitution for it's
upholding.
After the said Judgment, on 4th September 2002 I filed Writ Petition
under filing Diary No. 17454 of 2002. When I presented my said Writ
Petition before the then Assistant Registrar, of Section 1-B, of the
Supreme Court, who after going through the entire Petition, appeared
to be intended to get refused the said Writ Petition from its
Registration, to pleased some one named in the said Writ Petition.
As such by Letter dated 22nd October 2002, Supreme Court Registry
informed me that my said Writ Petition is refused to register as a
Writ Petition. Such conduct of the respective Officer of the Supreme
Court Registry was in serious violation of Rule 7 and 8 of the Part
IV Order XXXV of the Supreme Court Rules, 1966, which specifically
meant for the Application for the Enforcement of Fundamental Rights.
Thereafter, I lodged formal complaint before the Registrar-General
of Supreme Court. In the Complaint I referred wrong name of the said
Assistant Registrar, under wrong report about his name.
However, after, a long correspondence, on 29th October 2003 I filed
fresh Writ Petition. Between 4th September 2002 and 29th October
2003 situation in Section 1-B was changed. Under new situation, Writ
Petition by the Petitioners-in-person should have been presented
before Joint Registrar as against Assistant Registrar. But within
the same period said Assistant Registrar of Section 1-B, was also
promoted as Joint Registrar. When I presented my said Writ Petition
before Joint Registrar, Section 1-B, he just seen my name from the
Writ Petition and apparently not objected about anything from the
Writ Petition. But, possibly back of me he instructed to scrutiny
officers to cause harassments by withholding my Writ Petition by any
means from listing for hearing or registration as Writ Petition. As
such on 10th October 2003 when I met with the concerned Scrutiny
Officer of section 1-B, to know about the status of my Writ
petition, I was asked to submit a letter whether my Writ Petition is
Civil or Criminal in nature, which I submitted by, letter dated 10th
October 2003.
Thereafter, matter was sent, by Section 1-B to Section X, where it
was came to my notice that a long list of alleged errors of total
item Nos. 22 were referred in my matter. In which one issue was
referred that V.I. P.'s were made Party Respondents. I was asked for
each such Respondent to deposit Court Fee of Rs.10/-. When I asked
to Assistant Registrar of Section X to name the V. I. P., Party
Respondents? Then Assistant Registrar of Section-X, returned the
file to Section 1-B, where the said alleged error was corrected by
directing me just to deposit deficit stamp of Rs.10/- as shortage of
Process fee.
However, most of the alleged errors were not possible to be
corrected by the Petitioners in person. However, I corrected them
using scanning machine, paying heavy cost for the same. However, one
such alleged error already replied by me by Letter dated 10th
October 2003. Out of 22 errors I corrected mostly as far as possible
for me, and referred the reasons for not correction for the rest by
Letter dated 15th December 2003. For instance under Item No. 22, I
was directed to Change the Writ Petition as PIL, which I replied
that "Since the Writ Petition is with regards to infringement of my
personal fundamental rights as such I cannot add the word PIL".
After 15th December 2003, I was expecting that matter, may come up
for preliminary hearing at any time thereafter. When I enquired from
Section X, I was informed that file was sent back to Section 1-B for
the final examinations of the correction made by me. As per my
knowledge, thereafter file never come back to Section-X where it was
withhold for the reasons best known to said Joint Registrar of
Section 1-B. However, on 23rd February 2004 I sent a Press Statement
to about 500 Newspapers, TVChannels, Media person from India and
abroad, posted the same at the various Boards of discussions E-
groups. Possibly under the impact of the same and after withholding
the matter for more than four months in the garb of "Under Scrutiny"
letter No. D. No. 5610/2003/X dated 19th April 2004 was sent by
Section-X which was delivered me on 24th April 2004, directing me
thereby "that the prayers, which have already disposed of / decided
by this Hon'ble Court are required to be deleted" and "You are
therefore, requested to amend the Writ Petition accordingly within a
week from receipt of this letter failing which action contemplated
under the rule will be initiated", from which criminal conspiracy to
get refused or rejected my said Writ Petition, is appearing.
Since, I have raised very important substantial question of Law
related to concept of Virtual two Supreme Courts, which earlier
never been placed before Supreme Court, and as such any prayer with
reference to that context cannot be considered as already disposed
of / decided by this Hon'ble Court, till such important substantial
question of Law related to concept of Virtual two Supreme Court is
not examined and decided by the Larger Constitutional Bench of
Hon'ble Supreme Court. However, to remove confusion from the
language of the prayers I have amended the Prayer portion of the
Writ Petition.
Therefore, this is my humble prayer that enquiry should be ordered
in the matter for the sanctity and efficacy of the Supreme Court, as
it's not the Court of the Money Powers, rather of the Common man, to
uphold the Constitutional values and Core Principles of the
Jurisprudence, which at present are at a serious threats, for
various reasons.
Your Lordship's duty bound Law abiding Citizen
(Milap Choraria)