from,
I K Chhugani,
501, Pinky Panorama,
6th Road, Khar W,
Mumbai 400 052
3rd December 2008
To,
Chief Justice Swatanter Kumar,
The Chief Justice,
Mumbai High Court,
Mumbai 400 001.
Subject : Disgusting activity of Judge V L Achilya resulting in my arrest in a false case, at his initiative. Respected Sir,
Most humbly I hereby submit:
1. In March 2005 Judge Shri V L Achilya was presiding over as Designated Judge of Special MPID Court and hearing a case against a fraudster Shri Rajkumar Basantani, who had run away from India, after committing a fraud of Rs 1,000 crores. ( In the Court Of Session for Greater Bombay C. R. No 47 of 2004 later transferred to C.R. No 53 )
2. Even though this fraudster was running about 25 companies and having atleast 20 directors, the prosecuting officer from EOW had filed for action only against 3 directors. 2 were arrested, he was absconding. The judge did not even bother to enquire, why the other directors were not arrested.
3. Some banks had seized property of the absconder, total worth less than Rs 5 crores. One was a joint flat 501/502 Pinky Panorama Cooperative Society, 6th Road, Khar, Mumbai 400052.
4. This Joint flat was mortgaged to two Banks, 501, to Bharat Overseas Bank and 502 to Punjab National bank. Both these banks had taken possession of this property under the Securitisation Act and put it up for Auction on 15/2/2005.
5. My wife Smt Rekha Chhugani had bid for flat 501 and I along with my son Sushil Chhugani had jointly bid for 502. We were the successful bidders.
6. After taking full amount from us, the Banks gave us possession of the property on 27/2/2005. The absconding fraudster came to know of these facts, through his people in India. He did not like his property being auctioned and we having purchased it.
7. Before he fled from India, this fraudster and paid about Rs 60 lakhs, for renovation of the Police Gymkhana at Marine Lines and he was on friendly terms with all the Sr police officials.
8. On 21/3/2005 Investigation Officer Mr. Mehboob Inamdar, reported to Judge Achilya, that “Mr Chhugani was found to be living in the property which I had sealed on 8/2/2005”. Though there was never any order passed to seal the flat.
9. Judge Achilya instead of asking the Investigation officer, under whose orders was the property sealed, asked the Investigation officer on 22/3/2005 to lodge FIR against Chhugani at Khar Police station and also issued a notice to me “as to why appropriate proceedings be not initiated for removing seal of property attached by the order of court and making illegal entry into the property lying attached by the order of the court”. I was required to appear on 24/3/2005.
10. Accordingly on 24/3/2005, I appeared, in the court, with a brief affidavit, explaining all the procedures, through which, I had got possession and also the fact of the Banks having opened the flats on 12/2/2005 to show to potential bidders (4 days after the purported sealing) and subsequent auction on 15/2/2005.11. Further Judge Achilya asked that the Khar Sr Police Inspector report to him on 29/3/2005, and file report of action taken in respect of complaint lodged.(All this is recorded in the Roznama ). So the Khar Police arrested me on 28/3/2005 and also attempted to arrest my wife and son. However both sought anticipatory bail.
12. I had to spend 5 days in police lockup. After I was released, I confronted the police officers, who were apologetic and said “The Judge asked us to arrest you, we could not refuse”.
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Indian Judiciary ... Is it stinking ?
http://www.facebook.com/home.php?#/group.php?gid=4050776180013. Subsequently in May 2005, this judge Shri VL Achilya has been promoted to Bombay High Court and Addl. Sessions Judge Shri N D Deshpande presided over the special MPID court.
14. Now even this Judge Shri N D Despande has been promoted to the high Court.
15. The new Judge Shri N D Deshpande, heard the case at length and passed the order on 30/1/2006, discharging me, from the show cause notice and observed, that “the order passed on 19.1.2005 is not for attachment but is for attachment U/sec 8 directing Sr PI GBCB-EOW to comply the service of notices to the concerned by service and display of such notice inviting objections for such order of attachment. Subject to decision of such objection notice of attachment was made returnable on 14.2.2005”. Even this order to “display the notice” the Investigation Officer had not complied.
16. Further that there was no order to seal the property, so “there is no question of breaking court seal”. Attached is order dt 30/1/2006 of Addl Sessions Judge Shri N D Deshpande..
Till today, I am required to defend this false case in the Magistrates court and since last 3 years I am struggling to get the high court to take action against the Police officers, for arresting me on a false charge and also against the Bank Managers, who fearing arrest on account of Judge Achilya’s false stand, made many false statements initially.
Why did Judge Shri V L Achilya, behave like this, was it gross inefficiency or was he influenced by the absconding fraudster, who was adept at paying bribes to the high and mighty of this country.
Further I wish to inform, that according to information received from sources in police, Judge Shri V L Achilya and Sr Police officials were in constant touch with absconding fraudster Mr Rajkumar Basantani on mobile number 98200 60781. These facts were brought out by an inquiry conducted by the Economic Offences Wing, after I had made a written complaint to DGP Dr Pasricha on 4/5/2005.
The EOW refuses to give this inquiry report, through RTI. Maybe you as Chief Justice can get it from them.
Most unfortunately Judges have immunity, so I cannot take any action, except appeal to you, to take whatever little departmental action possible.
Yours truly,
Indur K Chhuganihttp://www.RoguePolice.com Mobile 98201 71571
Attached: Order dt 30.1.2006 by Shri N D Deshpande, Addl Sessions Judge.
CC:1. Hon’ble Mr Justice K G Balakrishnan, CJI Supreme Court.
2. Mr S. B. Biswas,Director ( HC& J),Department of Justice.
New Delhi.
100 cr fraudster surrendered & received bail promptly. Police kept story away from media...http://www.RoguePolice.com/natwar.htm Indian Judiciary... Is it Stinking ?
Supreme Court Concedes ... the rot has set in Judiciary.
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Contribute funds ... To fight on, PLEAD needs funds. Latest on this site ... This website informs of actions by Rogue Police in India.
How to register FIR at Police Station ... Download files giving instructions.
How Mumbai Police framed Chhugani .. TOI of 24/07/06 ... Happens across India everyday.
Rogue Police of India ... Narayana Murthy of INFOSYS was also arrested
Citizens Policing the Police is a MUST ...Need of the day
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