Prayers in my Petition in January 2008:That this Hon’ble Court be pleased to direct all judicial authorities in the State of Maharashtra to fast track/expedite the trial and disposal of all criminal cases wherein the accused persons are or were legislators or public servants.
_____Unusual dismissal order_____ Date 20th February 2008
1. There is an usual prayer in this Public Interest Litigation that all judicial authorities in the state of Maharashtra should be directed to take up criminal cases on priority basis where the accused persons are legislators or former legislators pr public Servants or former public servants. we are afraid that we cannot create such a classification. Already we understand that administratively judicial officers have been given directions as to which cases should be taken on priority and which cases should not be taken on priority.
2. The public Interest Litigation is misconceived and is accordingly, dismissed.
(Justice Bilal Nazki, )
(Justice S. A. Bobde )______We Need to approach the Supreme Court______
IN THE HIGH COURT OF JUDICATURE AT MUMBAI
CRIMINAL APPELLATE JURISDICTION
DISTRICT : MUMBAI Filed on 20th January 2008 PUBLIC INTEREST WRIT PETITION NO.: 1 OF 2008
( CRPIL No 1/2008 district Mumbai )
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Indur Kartar Chhugani ….Petitioner
Age : 60 years, Occ. : Business,
R/o. : 501-502, Pinky Panorama CHS Ltd.
6th Road, Khar (W), Mumbai - 400 052.
V E R S U S
1. The State of Maharashtra ….Respondents
At the instance of
Addl. Chief Secretary, Home Department,
Government of Maharashtra, Mantralaya,
Mumbai;
2. The President of India
New Delhi
WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA
IN THE MATTER OF ARTICLES 14, 19 & 21 OF THE CONSTITUTION OF INDIA
To,
The Honourable the Chief Justice and
other Puisne Judges of this Hon’ble
High Court of Judicature at Bombay.
Humble Petition of the Petitioner abovenamed :
Most Respectfully Sheweth :
(1) The Petitioner is most humbly praying for appropriate Writs including that of Mandamus and / or directions as this Honourable Court may deem fit, to the Respondent Nos. 1 to 2 to assist the courts to fast track all criminal cases wherein legislators and public servants, both serving and retired, are the accused persons.
(2) The Petitioner is an elder citizen of India residing alongwith his family at the address stated in the title clause. The Petitioner is an educated person with the qualifications of a Mechanical Engineer and has successfully lead his life as a businessman with clean record. He has all throughout been enjoying a very good reputation and respect in the society. The Petitioner is a public spirit 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).
(3) The objective of PLEAD is to bring together all retired highly educated persons 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. Contents of leaflet circulated are attached as EXHIBIT A
(4) In the short time of 4 weeks, over 50 individuals have joined PLEAD, amongst them are Shri Umesh Saksena, retired Executive Director of LIC of India, Shri Lal Chand Soni Retired Executive Vice President Carona Ltd., Shri Nanik Bhutani, Principal NKM College, Bandra, Shri S K Jain leading Advocate of Mumbai High Court, Rotarian Saifudin Alibhai Saria,(social activist), Shri S D Velegar retired Technocrat. Attached are their forms as EXHIBIT B COLLY. In the coming months thousands across Mumbai are expected to join in.
(5) All the members are above 60 years of age and have a burning desire, to see changes in the country, before it is time to depart from this world.
(6) The Respondents are as described in the title clause and need no further introduction.
(7) In brief the facts in background are as follows :-
A. There are numerous types of citizens in the country, some are illiterate others are educated,
B. Others are those that are not only educated but also entrusted with deciding what laws all the citizens are to follow, these are civic members, legislative assembly member and members of parliament.
C. There are others entrusted with the upkeep of the law, who ensure that the laws formulated by the above are strictly followed, eg the police force.
D. Both the above categories of people are very influential, with enormous clout in the law and order machinery of the state.
E. Very often it is noted that those who create the laws and those who are entrusted with the job of ensuring that the laws are followed, themselves break the laws ... which is a matter of serious concern to the country at large.
F. And when in rare instance the case comes to the court, these very influential people, ensure that the case goes on and on and on for 20 years or 30 years or more it takes for the case to be finally decided, after going through the various courts, such as Sessions, High Court and the Supreme Court ... The result is that this influential accused becomes very old and in most cases dies of old age after which the case is closed. Very often the witnesses and panchas die, before the verdict at the trial court.
G. The resultant delay and the fact that the influential accused never received any punishment sends a loud message to all who are in this position, that no matter what they do, whether it is taking a bribe, or instigating riots or committing Murder or commit any other crime, they will eventually be able to ensure the case goes on and on and escape punishment.
H. There is an urgent need, for the Judicial Authorities to formulate a rule whereby, whenever an accused is the person either responsible for creating laws or responsible for the upkeep of the law, after the case filed, the verdict must be decided within a 12 month period by the trial court. And thereafter all appeals must be disposed off within the next 12 months, by the higher courts.
I. This will send a clear message to all those in power that the they will not be able to escape punishment for crimes committed but may have to spend many years in jail and NOT have the luxury of dying of old age and escape punishment.
J. It is observed, that influential people often become more corrupt towards the fag end of their careers as they believe that it is the last few years, in a powerful position, and the chance of collecting more money will never come again.
G R O U N D S F O R P E T I T I O N
I. Increasingly it is observed that individuals who should set an example to their juniors are setting a bad example.
II. Corruption and other crimes by influential persons is increasing by leaps and bounds and needs to be checked, by punishing the influential promptly.
III. Public servants form a distinct class and a different treatment of a distinct class is permissible. As they get preferential treatment everywhere, they should be given preferential treatment in courts too, by expediting their trial.
P R A Y E R S
1. That the Rule may be issued;
2. That the Respondents be directed by a writ of mandamus or any other similar direction issued under Article 226 of the Constitution of India in the public interest to fast track/expedite the investigations and prosecution of all such accused persons who are or were legislators or public servants as defined under the Indian Penal Code, 1860.
3. That this Hon’ble Court be pleased to direct all judicial authorities in the State of Maharashtra to fast track/expedite the trial and disposal of all criminal cases wherein the accused persons are or were legislators or public servants as defined under the Indian Penal Code, 1860 so as to ensure that all such cases are decided preferably within a period of 12 months by the trial court from the date of registration of FIR/cognizance of private complaint and thereafter all appeals are decided in the next 12 months.
4. That this Hon’ble Court in its extraordinary jurisdiction conferred by the Constitution of India be pleased to devise methods and case tracking and disposal systems whereby criminal cases involving legislators and public servants as accused persons are fast tracked/expedited so that the citizens of this country are re-assured that however high and mighty a criminal may be, the law will deal with him/her swiftly and effectively.
5. For any other and further relief as deemed fit in view of the important issue of public interest raised in this Writ Petition.
For this act of kindness and justice the Petitioner shall ever pray.
Mumbai : 20/01/2008
( Sd/- Petitioner)
A F F I R M A T I O N
I Indur K. Chhugani, adult, Indian inhabitant, resident of Mumbai, the Petitioner abovenamed, 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.
(Sd/- Petitioner)
Mumbai : 20/01/2008 Indur Kartar Chhugani (Mobile 091 98201 71571 Mumbai) Email: ikchhugani@yahoo.com
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