LAND MAFIA IMPEDED THE ADMINISTRATION OF JUSTICE.

There is no doubt that I am personally interested in the matter. The matter relates to an amendment in a particular Rule of SC Rules, 1966 to restrict one’s Fundamental Right to move the SC. It is a very serious act of violating Article 32 of the Constitution and amounts to the complete betrayal upon the Constitution of India. In a Writ Petition, I referred the material facts relating to the activities of one Land Mafia, which were against larger public interest, proving his Nexus with Sri Jyoti Basu and Sri Som Nath Chatterjee. For instance, the Kolkata Municipal Corporation (KMC) granted a Contract for the rebuilding of burnt portion of New (Hogg) Market, to M/S. Martin Burn Limited with a liberty to sell 97,020 Square Feet area as Shops just for a small premium of Rs.1,04,78,160/-, against the prevailing premium rate which was almost fifteen times more in that vicinity. They had declared before the Income Tax Department that they have sold out the respective Shops @ between Rs.800/- to Rs.1,000/- per sqr. ft. Such disclosures are revealed by the Income Tax Department in a letter sent to me in compliance of the order of the Hon'ble Information Commissioner Sri A. N. Tiwari.

            The truth about the facts of my contentions could easily be  unfolded by ascertaining through the narcotic or any other scientific test done, by subjecting some of the so-called Shop purchasers to the same. In this way the truth that the aforesaid Shops were sold/leased out @ between Rs.4,000/- to Rs.5,000/- per sq. ft., could easily come out. In  this way the Directors of Martin Burn Limited and their Financiers were able to create a huge stock of black money amounting to more than Rs.30,00,00,000/-     Therefore, how could one believe, that Sri Jyoti Basu the then Chief Minister of West Bengal along with Sri Kamal Basu, the then Mayor of Kolkata as well as the CPI(M) Party have not been benefitted or gained out of the said contract. Otherwise, why should they have been any party to the various black mailing activities that were being committed by the Directors of Martin Burn Limited?

            Now, coming to the very important point that every thing is not fair in the SC. In fact, Senior Lawyer of the Supreme Court Mr. Gopal Subramanium, being earlier my counsel had simply ditched me under some influence. That is why, he and his Junior Mr. S. Murlidhar were made party Respondent in the said Writ Petition. The said Writ Petition was filed with detailed facts relating to the misuse of the black money, encroachment of the Railway land and infringement of my fundamental rights particularly “RIGHT TO JUSTICE”.

            The said Writ Petition was refused to be registered by the Supreme Court Registry under Order X Rule 5 of the  Supreme Court Rules 1966 (amended wef 20.12.1997). Therefore, after the enactment of RTI Act, I wanted the file Noting of the respective file relating to the aforesaid amendment. Initially CPIO of SC refused to supply the same on the pretext that they were of the nature of fiduciary relationship between the Supreme Court and His Excellency, the President of India. However, under the compliance of the Order of the AA of the SC, I could get the file Notings which ran in 40 Pages, out of which photocopies of the related part from 3 pages are being referred to at pages 17 of this issue.

AMENDMENTS BROUGHT IN THE SC RULES with Effect From 20.2.1997, severely INFRINGED MY FUNDAMENTAL RIGHTS TO MOVE THE SUPREME COURT.

            AS I have already pointed out that possibly I was the first victim of the aforesaid amendment in SC Rules w.e.f. 1997,  which were misused, by the SC Registry, by refusing to register my Writ Petition, filed and submitted at the SC Counter. In fact, in view of the critical nature of the severe sufferings I had undergone resulting in major effects that were brought in my very life, I had to decide to file a Writ Petition under Article 32 of the Constitution for the infringement of my fundamental rights. In this regard, around the year 1993, I met along with one Senior Advocate from Kolkata, a very senior Advocate of the Supreme Court Shri A. D. Giri, who had been an Ex-Solicitor General of India,  at his residence at Allahabad. After going through the brief of the facts, Mr. A. D. Giri’s suggestion was that it would be better, if I could appoint some Delhi based Senior Lawyer like Mr. Gopal Subramanium. Mr. A. D. Giri himself took the trouble to personally come to Delhi and discussed in detail, the matter, with Mr. Gopal Subramanium, in Kanishka Hotel. Thereafter, Mr. Gopal Subramanium made a study of the merits of the matter and decided to prepare a letter to be sent by me to the Governor of West Bengal,  before filing any Writ Petition. Accordingly he got prepared the draft of my representation and sent the same to me along with his Letter dated 6th December 1993. I sent the said representation to the Governor of West Bengal on 16th December 1993. He had advised me to wait for three months and then again come to me for further action. After the expiry of three months, I tried to meet him again, but every time he simply declined to meet for the reasons best known to him. Every time, I was coming from Kolkata, as I was living their and that too in a way of hiding, because of severe threats to my life, looming large. However, on one day, he told me on telephone that better I talk to Mr. S. Murlidhar, Advocate, as he had appointed him to prepare the draft of the Writ Petition. But, when I got in touch with Mr. S. Murlidhar, at his Mayur Vihar Chamber, he told me that though he is convinced that the matter is very strong as regards its merit is concerned, but now-a-days the Supreme Court is having a tendency of a declining mode to accept any Writ Petition under Article 32 of the Constitution. Such development shows that Mr. Gopal Subramanium, instead of refusing to handle the case, indirectly arranged the refusal through Mr. S. Murlidhar to file the Writ Petition. Thus both the Advocates created a situation to land themselves in becoming a party to such infringement. Sri S. Murlidhar, is now an Hon'ble Judge of the Delhi High Court, while Mr. Gopal Subramanium adores the exalted office of the Addl. Solicitor General of India.

            That around April 1995, in one of my desperate efforts to find the help of some Senior Lawyer, I sent a blind stereo typed letter of appeal to about Hundred Senior Lawyers of the SC, which also got inadvertently posted to Mr. Gopal Subramanium. In response to that Mr. Gopal Subramanium in his Letter dated 8th May 1995, wrote back to me stating that if I could convince him that I was a 'genuine litigant'  then only he could take-up my case. On receipt of such a letter with such remarks, as to throw a challenge to my very integrity, and that too within a couple of months from the aforesaid Draft that was got prepared by him alone, I was shocked and stunned and hence wrote back on 17th May 1995expressing my strong apprehension that my opposite parties must have been able to approach him, otherwise how after knowing that the matter relates to the infringement of my fundamental rights, he could think of having any question or doubt about the genuineness of my credibility.

            Mr. Gopal Subramanium, through his Letter dated 23rd May 1995 is on record to have admitted that “As far as the merit of your matter is concerned I am prima facie satisfied that there is a cause of action at least to file a Writ Petition under Article 32 of the Constitution of India for appropriate reliefs.”.

            But, at the same time, in his aforesaid letter he made a pre-conition by desiring me to offer a written apology and withdraw the allegations leveled against him as reflected in para-4 of my said letter, only then he would be in a position to take up my case and advise me for an appropriate further action in the matter. However, since I felt that I had not done anything wrong, so there was no question of my tendering any apology to him.

Now a fundamental question arises. How can, a person having no commitment to the basic ethical values, serve the nation as an Additional Solicitor General of India, in larger public interests, particularly in matters relating to the integrity of the proprietary and sovereignty of the Constitution of India? Whether such a person, and more so, a Government lawyer, would not be vulnerable to make compromises in preference to the national interests?

            Mr. Rajiv Dhawan, Senior Lawyer of the Supreme Court, has described my misery and sufferance in his Letter dated 4th December 1995 interalia that:

“Many thanks for your letter, which combines juristic concern with the intensity of one having suffered personal atrocity”.

INFRINGEMENT OF MY  FUNDAMENTAL RIGHTS WERE UNPRECEDENTED

According to TOI dated 12/12/2007 Mr. Dhananjay Mahapatra refers a statement made by former Law Minister and Senior Advocate Shri Ram Jethmalani that “I belongs to the old school of lawyers and have the highest regard for judges. However, judges  of this Court (SC), of late, are passing orders which are illegal, without any jurisdiction and contrary to the rule of law.”  

A thorough study regarding the infringement of my fundamental as well as statutory rights would reveal that the nature of such infringement would hardly find any parallel in the annals of the  history of our freedom. This is due to the State patronage extended to the Mafia elements having their Nexus with the powerful political leaders, including personalties of such high stature as that of Shri Jyoti Basu, himself, the then Chief Minister of West Bengal. Shri Jyoti Basu had no qualms in misusing and abusing his powers and authority, openly and blatantly, in such a way as to cause severe infringement of my fundamental and statutory rights for the reasons best known to him only, if it was not for any monetary gain and or benefit or for any such other indirect/latent advantage which might have accrued to his son Shri Chandan Basu. Shri Jyoti Basu further misused his powers and abused his authority with intent to cause severe infringement of my fundamental rights again and again by arranging one or the other sort of some allurement to wean away the integrity of a large number of Judicial Officers and my lawyers, and thus to deprive me of my most important right of Justice. Under such blatant misuse and misrule of the powers and abuse of the authority at the instance of Shri Jyoti Basu, the Governmental arm of the machinery of the State of West Bengal and that of Kolkata Municipal Corporation, openly and blatantly played their role in programs that involved the blackmailing activities at the hands of the respective Land Mafia. 

            Whereas the Central Government failed to take any action against the un-bridelled blatant use of the huge amount of black money, in providing tacit support to strengthen the Mafia activities of one Sanjay Kumar Jhunjhunwala and his associates, including Chuni lal Mukherjee. The list of the infringement of my fundamental and statutory rights is a  big one, however, a glimpse of the same could be had from the following:

1)         The State Government discriminately ignored the fatalities suffered by me by not taking any action in several matters including Behala Police Station (South 24-Parganas District, under West Bengal Police) Case Nos. 38(7)83 dated 14th July 1983, 91(12)83 dated 29th December 1983, 106(2)84 dated 29th February 1984, 4(3)84 dated 2nd March 1984, 54(2)85 dated 19th February 1985, 67(7)86 dated 18th July 1986, Sec. VZ. C/No. 30 dated 22nd February 1991 of the New Alipore Police Station (under Kolkata Police), First Information Report dated 18th October 1994 and dated 21st January 1995 both lodged by Registered Post to Golabari Police Station (Howrah District- under West Bengal Police), First Information Report dated 27th November 1999 Lodged by Registered Post to Behala Police Station against demolition of the boundary wall and stolen of the Goods, thus my lives and liberties were made miserable and till date I am made to suffer atrocities of severe nature and in alarming proportions, which is quite evident from the disclosures made by one Mr. Mina Lal Bhansali, and also from simultaneous other reports revealing that the Manik Chand Sethia (being member of Mafiadom controlled by Sanjay Kumar Jhunjhunwala and the front men of Shri Chandan Basu) had spent about Rs.8,00,000/-. It was all aimed simply to liquidate me. and to grab my property by doing the perjury of making false claim to the property as if it belonged to (one adjudged Cheater) Chittaranjan Ganguly;

2)         Large number of the Judicial Officers were embraced to sabotage respective Judicial proceedings to infringe my fundamental and Statutory rights and to ensure denial of justice through Orders or  Judgments passed in favour of the wrong doors, which were not due under the law. Even in some cases interpolations or forgery in the order sheets, under the open support, favour and protection from Shri Jyoti Basu, were committed;

3)         To cause threat and harassment to me, Sanjay Kumar Jhunjhunwala obtained the Rule nisi against me in one Contempt Proceedings, obtained by filing a false affidavit of service in connivance with his Advocate. When I raised this point through an application under Section 340 Cr. P. C. in the said Contempt Proceedings and also by filing another application under the Advocates Act, I was compelled to go in hiding till 16th March, 2006, by leaving Kolkata;

4)         Most of my lawyers were influenced through Mr. Pratap Chatterjee, Bar-at-law, son of Sri Somnath Chatterjee (then) M. P., to sway the Court proceedings so that I could be deprived of getting justice even up to the Supreme Court level. For instance, my long time standing lawyer Mr. P. K. Ray, Bar-at-law of Kolkata High Court and Shri Gopal Subramanium, Senior Lawyer of the Supreme Court of India, were influenced.  Since the Land Mafia was having close and direct connection of approach and Nexus with the powerful politician of the country, who was none other than Sri Jyoti Basu and his associate politician Sri Som Nath Chatterjee (then) M.P. Thus for him, bringing influence upon my Counsels and respective Judicial Officers was not at all difficult. I had referred a number of such incidents in my said Writ Petition, giving detailed facts and supporting prima facie evidences. In the said Writ Petition, I had also referred  that how a renowned Lawyer of the country Mr. Dipankar Gupta (who subsequently became the Attorney General of India) misused his position before the then Mr. Justice B. C. Basak of Kolkata High Court. In the Writ Petition I also made references of the correspondence between me and Mr. Gopal Subramnaium.

Severe Attempt to Murder me

I was made to bear the brunt of some 42 stab wounds inflicted all over my body, through the plot hatched by the said Land Mafia Sanjay Kumar Jhunjhunwala and his associates including Chuni Lal Mukherjee of Kolkata. This attempt to murder was caused on 18th July, 1986, with the help of my tenants. due to the Nexus between Mr. Jhunjhunwala with Sri Jyoti Basu the said matter was put under the wraps by the Police and was never enquired into.

Attempt to Murder my 18 year old son

When all of his such heinous activities failed to bring any fruitful result to him, while at the same time one Congress M.L.A. Dr. Manash Bhuinya happened to be intending to raise the entire matter relating to the Nexus between Land Mafia and Si Jyoti Basu in West Bengal Legislative Assembly on 22nd February, 1991, the matter was leaked by Dr. Mansh Bhuinya either by conveying the same to the Land  Mafia directly or through the Speaker of West Bengal Assembly, Shri Abdul Hasim Halim. Thus an unholy agreement was forged between Dr. Bhuinya and the Land Mafia. The Land mafia decided to eliminate my entire family. On the very same day which was fixed to raise the issue in Assembly i.e. 22/02/1991, a Truck Accident was staged under the Police protection to kill my son. The result was that both the legs of my son were critically damaged because of  the multiple fractures that were thus got inflicted.

            But, in spite all the details mentioned in my said Writ Petition, the SC Registrar refused to register my said Writ Petition taking advantage of the respective amendment in SC Rules 1966.

INJUDICIOUS ORDERS were passed by the Munsif /Addl. District Judge because of the DIRECT EMBRACEMENT OF JUDICIAL MAFIADOM

As per Survey of 1932 and 1956, prepared and published by the respective Governments, the total properties comprised in C. S. Khatian as well as the corresponding R. S. Khatian Nos. 530 and 534 of Mouza Sahapur, P. S. Behala (Kolkata-38) was measured and entered as 1.10 Acre. As per the Registered Purchase Deeds in favour of the predecessor of my Vendor Ava Rani Dey and her daughter was also fully in accordance with the aforesaid entry regarding the measurement of the property. Out of aforesaid property, her predecessor had lost a Suit  against the claim for the ‘Title’ with regard to an area of  0.158 Acre. Thereby, their Ownership was limited to the extent of  1.10 Acre minus 0.158 Acre i. e. 0.942 Acre merely which comes to more or less equivalent to 55 Cottahs. Ava Rani Dey and her daughter handed over the possession of the same to me, on 5th February, 1982 under an Agreement to sell the same to me or my nominees. Subsequently, different Sale Deeds were executed, for a total  area of  35 Cottahs 08 Chittaks and 14 Sft., between 31/05/1982 and 28/06/1982, in favour of my nominees consisting of my mother, father, wife, friends and relations etc. For the rest of 21 Cottahs, separate Registered Sale Agreements were executed for which separate payments were made. They also executed a Registered Power of Attorney in my favour to use the property as actual Owner. However, in 1988, I filed a Suit for specific performance of the aforesaid agreements.

            That in 1988 at the instance of the said land Mafia a Suit was also filed against me by my Vendors claiming that they were owners claiming to be the owners of the property measuring 94 Cotthas and out of which they had just sold out 35 Cottahs of Land to Milap Choraria (myself). So they are still the owners of the Landed property of the remaining 59 Cotthas. This claim was made ignoring the fact that their total property was about 55 Cottahs only. Mr. J. C. Moulick, the then presiding Officer of the Court of Munsif, by misusing his Judicial Position, passed an Injunction Order restraining me. I moved the 1st Appeal. The Addl. Dist. Judge made observations in the open Court saying that the plaint is clearly based on manipulation, and hence he is going to pass a detailed order to reject the plaint at limini. But when the order was passed, aftera lapse of several days, it was most surprising to find that contrary to what he had observed in the open Court, he had upheld the Order of the Munsif, by rejecting my Appeal. Then I moved the High Court against both the aforesaid Orders. When my Petition was moved by the renowned Lawyer of Kolkata High Court Sri Shakti Nath Mukherjee, the Hon'ble High Court agreed to hear his detailed arguments for admitting my Petition and pass the necessary orders for the plaint to be rejected by the Hon'ble High Court by passing a Ruling against a Suit based on complete manipulation. The High Court also stayed the said Orders passed by the Lower Courts and fixed the matter for final hearing. However, here I do not intend to go in detail of the incidence of sabotage by my own lawyer Mr. Gouri Shankar Gupta, by constantly keeping me in dark, as he was purchased by the said Land mafia and hence he aimed to prevent Mr. Shakti Nath Mukherjee from pleading my case, by getting appointed one more lawyer as an extra helping hand to Mr. Mukherjee. For this he ostensibly took my approval through false representations, under his aforesaid plan, which was hatched to sabotage the very Administration of Justice. Finally, when the matter was called for hearing, the Hon'ble Judge who was keen to hear Mr. Shakti Nath Mukherjee, particularly, and in spite of my repeated loud pleadings  also in that behalf, Mr. Gupta, positioned the said extra Lawyer to plead the matter. However, the Hon'ble High Court was pleased to set aside the aforesaid Orders of trial and Appeal Courts and sent back the matter for fresh adjudication of the Injunction application. Thereafter, in the trial Court, I filed a Petition with the prayer that Orders of the Injunction be passed only on the basis of the documents that are relied upon and filed by the plaintiff who is the opposite party and thus my enemy as well. I also filed 'Written Arguments' in that behalf, pleading that in view of the prevailing principles for injunction orders, there is no scope of any injunction Order against me. In support of my arguments I referred to 16 Rulings from different High Courts. But since, as a matter of fact, Mr. J. C. Moulick, was already in the lap of close embracement of the Land Mafia, did not shirk in misusing his Judicial Position and passed the Injunction Order blatantly ignoring even the very fact that the documents filed by my opposite party were nowhere standing to support their such claims. Most important question is arises that whether Courts are for manipulators or to protect justice, since no one in the entire world can convert the area of a property measuring 66 Cottahs as 94 Cotthas with the help of any science. The claim of the bigger property without any documentary support was aimed to blackmail me just blocking the  constructional activities were going on the part of admittedly sold property measuring  35 Cottahs.