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JUSTICE IS GUARANTEED AS FUNDAMENTAL RIGHT IN INDIA UNDER THE CONSTITUTION OF IN

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  • Milap Choraria
    I have posted PRESS STATENT / APPEAL for the knowledge of the Members of the discussion Groups, with reference to Writ Petition (Civil) No. D-22474/2003. Since
    Message 1 of 1 , Mar 10 1:14 AM
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      I have posted PRESS STATENT / APPEAL for the knowledge of the Members
      of the discussion Groups, with reference to Writ Petition (Civil) No.
      D-22474/2003. Since Hon¡¦ble Supreme Court admitted the possibility of
      the mockery of Justice, I have submitted in my Writ Petition, that
      such mockery of justice is violations of the oath taken under the
      Constitution.

      Some extracts from paragraph 123, 127, 128, 129 and 130 from the said
      Writ Petition (Civil) No. D-22474/2003 is reproduced here.

      ¡§123. That in considerations of severe atrocities suffered
      personally based on severe infringement of fundamental rights and
      also considering the root cause behind such situations, Petitioner
      decided to file Public Interest Litigations, which ultimately will
      help to protect his own fundamental Rights. As such on 9th August
      1995 Petitioner filed a Writ Petition based on Vohra Committee Report
      against the Union of India and the Election Commission of India as
      Public Interest Litigation as Writ Petition (Civil) No.559/95 with
      interalia following prayers: -
      i) ISSUE direction to respondent No. 1 (Union of India) to make
      appropriate law in compliance of Constitution of India restricting
      entry of criminals into the politics by participating in the Election
      process to become the members of Parliament or State Legislative
      Assembly of any State;
      ii) ISSUE direction to respondent No. 2 (Election Commission of
      India) to evolve a method to restrict the candidature of a person,
      facing criminal proceedings in any Court of Law, for the Membership
      of Parliament or State Legislative Assemblies and after due approval
      from this Hon¡¦ble Court, impose the same for future elections till
      the respondent No. 1 makes Law; as prayed for under prayer No. i )
      hereinabove.
      under paragraph 14 of the Writ Petition Petitioner interalia
      suggested as under:-
      a) No person can contest Election for Parliament or State Assembly,
      if he is accused in any criminal proceedings and Police prima-facie
      had satisfied with the complaint by filing charge sheet, till he not
      discharged or acquitted from such criminal case by a Court of Law;
      b) No person can contest Election for Parliament or State Assembly,
      unless he declares all the properties and business of his family
      members, before the Law Commission;
      c) The Members of Parliament and / or State Legislative Assemblies
      should be defined as Public Servants under all criminal laws.
      on 29th August 1995 Petitioner moved the said Writ Petition in person
      before the Hon¡¦ble Chief Justice¡¦s Court presided by A.M.Ahmadi, C.J.
      as then was, and after hearing the same Hon¡¦ble Court, dismissed the
      said Writ Petition with observations that Court can¡¦t do anything in
      such matter. But, after few days later Hon¡¦ble Chief Justice¡¦s Court
      presided by A.M.Ahmadi, C.J. as then he was, admitted another Writ
      Petition based on self-same Vohra Committee Report, registered as
      Civil Writ Petition No.664/95 filed by Mr. Dinesh Trivedy, M. P., and
      moved by some renowned Lawyers of the Supreme Court. Admission of
      such subsequent Writ Petition was not consistent to prevailing
      principle of the finality of final order of the Supreme Court. After
      knowing the fact relates to such admission of another Writ
      Petitioner, on 1st December 1995, Petitioner filed another Writ
      Petition (Civil) No. D-18372/95 with prayers interalia that in
      compliance of clause (4) of Article 32 of the Constitution of India
      the Jurisdiction of Supreme Court has been seized to dismiss any Writ
      Petition filed as remedy for enforcement of Fundamental Rights,
      without hearing on the merit. On 29th January 1996 said Writ Petition
      (Civil) No. D-18372/95 was listed for hearing along with the said
      Civil Writ Petition No. 664/95, Hon¡¦ble Chief Justice¡¦s Court
      presided by A.M.Ahmadi, C.J. as then he was, accepted the argument
      forwarded by the Petitioner and observed that they are not dismissing
      rather disposing off the same by passing judicial order. When the
      Hon¡¦ble Court was dictating the said order, one Advocate stood up and
      wanted to know the fate of Third Writ Petition filed by his client
      and moved by him, on the same issue, Hon¡¦ble Court observed that all
      other petitions would face the same fate. Then the said Advocate
      objected it, which was supported by Ld. Mr. Ram Jeth Malani, Sr.
      Lawyer, than Hon¡¦ble Court observed that in such event Mr. Choraria¡¦s
      (the Petitioner herein and therein) Petition would be also heard
      together with all other Petitions relating to the same matter in
      issue. But, this subsequent order was not corroborated with certified
      copy of the Order of the day. After going through the certified copy
      of said order, Petitioner placed the matter in the notice of the
      Hon¡¦ble Court by filing another Writ Petition (Civil) D-2595/96 on
      12th February 1996. But, on 11th March 1996 Hon¡¦ble Chief Justice¡¦s
      Court dismissed the Petition. Photocopies of the Orders dated 29th
      August 1995, 29th January 1996 and 11th March 1996 are annexed (with
      the Writ Petition) as ANNEXURE - ¡§A-58¡¨ Collectively.¡¨
      ¡§127. That on 7th February 1996 Petitioner filed a Public Interest
      Litigation being Writ Petition (Civil) No. 151/96 with the prayers
      interalia as follows: -
      ć MAKE, necessary Rules under sub-clause (c ) Under Clause (1) Under
      Article 145 for filing of Writ Petition definable as ¡§appropriate
      proceedings¡¨ of the Civil in nature in compliance of clause (1) of
      Article 32 to ensure that the right to remedy for enforcement of the
      Fundamental Rights is guaranteed and to ensure the hearing of the
      matters relating to violation of Fundamental Rights on merit¡¦
      ć ISSUE, directions to the STATE to make appropriate change and/or
      amendment in law within one year as suggested under Schedule ¡§A¡¨
      therein
      drafts of the amendments or change, or replacements of the following
      Laws were referred under Schedule of the Writ Petition: -
      a) Representatives of People Act;
      b) Section 197 of Criminal Procedure Code;
      c) Official Secrets Act
      d) A New Model of Civil Procedure Code
      e) Rules under Sub-Clause (C0 Clause (10 of Article 145 of the
      Constitution of India to define ¡§appropriate proceedings for Civil
      Reliefs¡¨

      ¡§128. That on 29th March 1996 upon hearing of the Petition Hon¡¦ble
      Chief Justice¡¦s Court presided by A. M. Ahmadi C.J. as then he was,
      observed that the Petitioner has done a very good work and advised
      him to forward his model of new Civil Procedure Code to the Chairman
      of the Law Commission of India. Petitioner forwarded the Model of the
      Civil Procedure Code innovated by him by Letter dated 6th June 1996
      by Registered Post to the Hon¡¦ble Chairman of the Respondent No. 22
      the Law Commission of India. In the said Writ Petition Hon¡¦ble Court
      passed the order. Photocopy of said order is annexed (with the Writ
      Petition) and marked as ANNEXURE ¡V ¡§A-62¡¨.¡¨

      ¡§129. That a new Model of Civil Procedure Code based on his own
      original thoughts was created and developed by the Petitioner in the
      year of 1983 and forwarded to the then Law Minister of India Shri
      Asok Sen, by Registered Post. The Petitioner also forwarded it to A.
      M. Ahmadi, CJ, as then he was, by letter dated 3rd March 1995, by
      Registered Post. This a matter of the fact that recent amendments in
      Civil Procedure Code were adopted from the said Model Draft but
      without recognising his work against universal principle of the
      Intellectual Property Rights prevailing worldwide.¡¨

      ¡§130. That on 20th March 1996 the petitioner filed a Petition
      before Respondent No. 21 Election Commission of India that in the
      consideration of Article 324 (1) read with Article 326 of the
      Constitution ¡§Commission (should) invite following information on
      oath or affirmation from the intending candidates for such elections
      to furnish along with nomination papers: -
      (a) Whether any Criminal Proceeding in any Court of law is pending?
      if yes ; please state:
      (i ) Name of the Police Station, within Constituency or outside the
      Constituency ;
      (ii) Number of Crime in respective Police Station?
      (iii) Date of Crime according to F.I.R. registered in Police Station ?
      (iv) reference of law under which crime is registered ?
      (b) Whether, Charge Sheet is filed by the investigating authority in
      the above referred Crime Number? If, yes, please state: -
      (i) Name of the Court, in which charge sheet is filed?
      (ii) Number of the Crime Registered in the Court?
      (iii) Date of Charge Sheet?
      (iv) Reference of Law under which Charge Sheet is filed?
      (c) The present status of the proceedings?
      (d) If the Criminal Proceedings are pending more than one, similar
      informations should be provided in respect of each such proceeding.¡¨
      three Copies of the said Petition were deposited in the Office of the
      Election Commission of India, against Acknowledgement. After receipt
      of the said Petition Respondent No. 21 issued a Notification asking
      the intending candidates to give certain details with reference to
      criminal cases, if pending or disposed off against them, but, in a
      surprising manner one amongst the then Election Commissioners Mr.
      G.V.G. Krishnamurthy, stolen the aforesaid idea from the paragraph 9
      of the said Petition and claimed that Notification issued by the
      Commission in that respect was based on ideas developed by him. Such
      situation was developed due to lack of appropriate law making Public
      Servants accountable before the law.¡¨

      Mahatma Gandhi says that acceptance of injustice is a cowardly act.
      Accordingly, I have never accepted any injustice. Since last 18
      years, I am suffering severe victimization from Mafia having politics-
      Bureaucratic-Crime-Nexus. His influence can be measured from the fact
      that Supreme Court Registry withholding Writ Petition (Civil) No. D-
      22474/ 2003 from listing for hearing by Hon¡¦ble Supreme Court,
      inspite of my warning that in case of my Writ Petition would not be
      listed for hearing, I may be compelled to commit suicide. Thereafter
      I released a Press Statement / Appeal. But the same is still to make
      any difference.

      Being an Indian you may be interested to see a strong Indian
      Democracy, based on good governance. Good governance is possible,
      only when Justice based on Core principles ¡§Be you ever so high, the
      law is above you¡¨ and ¡§Justice and Truth shall be above all and shall
      prevails¡¨ would be ensured by the system. But, those principles are
      not applicable in India. I have referred such facts in Writ Petition
      filed before Hon¡¦ble Supreme Court of India.

      I have posted the said Press Statement / Appeal on the various
      discussions e-groups, and most have shown favours. But some one
      considered my matter just as a matter of an individual, without going
      into indepth impact of the matter. In fact when Mahatma Gandhi was
      thrown out from first class Rail Coach in Johannesburg, such
      victimization was a matter of an individual. But when Mahatma Gandhi
      given a serious thought to it, he founds that act was not just
      against him, rather act was violation of human right by one class of
      castes against another class of castes. Therefore, he decided to
      fight it, considering it against entire society. Similarly, my severe
      victimization under Politics-Bureaucratic-Crime-Nexus is not just
      against me but complete failure of the system. From the aforesaid
      paragraphs this will be clear that I always worked for the good
      governance. I can claim that today¡¦s law relates to compulsory
      Affidavits to disclose informations relates to Pending Criminal
      Cases, Property details etc. by the Election Candidates were based on
      my original thoughts placed before the Supreme Court of India in PIL
      filed in 1995 and Election Commission of India, in Petition filed in
      1996. The word Petitioner denotes to Milap Choraria, but without
      recognising my name just because of mockery of Justice.

      I am placing hereby Prayers made in the said Writ Petition, and said
      PRESS STATEMENT / APPEAL, from which importance of the issue will be
      clear. Therefore this is my humble APPEAL to each one of you to send
      one TELEGRAM to Hon¡¦ble Chief Justice, Supreme Court of India, New
      Delhi, with request to admit the Writ Petition (Civil) No.
      22474/2003. I am ready to kill myself by committing suicide to
      protest against injustice to me. But, before, committing suicide I
      want to make it an issue of importance, for public good.

      Complete Writ Petition of 400 pages is posted
      http://milapchoraira.tripod.com/scpetition

      However I am reproducing Prayers from Writ Petition, from which this
      will be ample clear that if Prayers are allowed by the Hon¡¦ble
      Supreme Court then just not only my Fundamental Rights would be
      restored, but this will help to establish accountability of the
      Public servants and no one can think to embrace the Judicial officers
      for their undue gains and benefits. Resultantly, this will help
      thousands of million citizens of India.

      Therefore this is my Appeal to all of you to send a Telegram to
      Hon¡¦ble Chief Justice, Supreme Court of India, New Delhi to admit,
      the Writ Petition (Civil) No. D-22474/2003.

      Some persons claimed that Writ Petition is not available on the net.
      Whenever, I checked some time, it was available, but some time not
      find, but after some time I find it at the following address:
      http://milapchoraira.tripod.com/scpetition

      In any case, on request I can supply CD having compact Writ Petition
      of about 400 pages, in it.

      With regards,

      Milap Choraria,
      A-47, Pal Mohan Plaza,
      11/56, Desh Bandhu Gupta Road,
      Karol Bagh,
      New Delhi-110005
      (India)
      Mobile No. 091-011-2003-6132
      Author : "A Model of New Constitution for India"
      Earlier Columnist ; For the most of DAILY Hindi Newspapers in India
      ___________________________________________________
      Convenor : Movement for Accountability to Public
      (MAP)
      Hoy.Gen.Sec y. : 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(U.S.A.)
      Worker (Member) : Servants of the People Society ( DB),
      Lajpat Bhawan,New Delhi
      Member : Lok Sevak Sangh, Lajpat Bhawan,ND._
      A-47, UGF, 11/56, D. B. GUPTA ROAD, P.O. BOX NO. 2690, NEW DELHI-110
      005 (INDIA)
      MOBILE: 011-20036132 E-Mail: milap_choraria@...
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