To, Justice Y K Sabhrawal,
Chief Justice of India,
Supreme Court of India,
New Delhi 110 004
Subject: Judges …We must
Honour.
Respected Sir,
The whole nation knows, that the
police in India is easily managed by criminals and
those in influential positions. However the Courts
are considered as the saviors of democracy and to an
extent responsible for reining in the Police.
I am a retired citizen 58 years old, was dragged to
court for the first time in my life about 16 months
ago, that too in a false case. What I have discovered
about functioning of Judges is appalling. Because of
the cost involved I am not in a position to take my
case to the Supreme Court or fight further in courts.
I had filed a writ petition in the Mumbai High Court
in October 2005, No 2414 / 05. After repeated
adjournments, the Bench comprising of Justice B H
Marlapalle and Justice Roshan Dalvi heard my case at
length on 15.2.06 and admitted my writ and allowed
interim relief by way of directing the Khar Police to
stay proceedings in CR No 103/05 till final hearing.
Surprisingly, the Khar Police ignored the High Court
orders and filed the chargesheet in the Magistrates
court at Bandra on 3.5.06, clearly, in nexus with
Punjab National Bank, who simultaneously filed an
appeal on the same day i.e 3.5.06, in the High Court,
against the Sessions Court order, which was earlier
decided in my favour on 30.1.06. though the time to
file appeal was within 60 days from the date of
order, as per the MPID Act. Clearly a deal with Khar
Police officers took time.
When I enquired from the Khar Police Officers, how
could they ignore the High Court order about interim
relief. They asked me to approach the Bandra Court
and show them the High Court order of 15.2.06, and
advised me not to waste time and money filing a
contempt of court application in the High Court,
because all that they will be required is to offer an
apology to the Court.
I very foolishly decided to ignore their advice and
filed a Contempt of Court application in the High
Court. The application came up for hearing on
21.9.06 before Justice J N Patel and Justice Roshan
Dalvi and to my utter shock, instead of taking action
against the Khar Police, the Judges decided to
withdraw the interim relief granted on 15.2.06, the
excuse was to punish my lawyer, who had come
un-prepared to argue my case at length that day. If
the lawyer was not prepared, why could not the court
fine the lawyer, why punish me and regularize the
illegal action of the Khar Police station.
I have no skeletons to hide and I have not been
scared of the Police and sought action against police
officers, through the Courts, never imagined that the
Judges presiding over the courts are not as strong
and fearless as me. I even set up a website http://www.roguepolice.com in April 05
I say what I have said in the above para, because the
experience in the Sessions Court No 53 is equally
appalling. Though finally the Judge decided in my
favour on 30.1.06, what he did in the preceding 2
months was disgusting.
On 5.12.05, the Judge asked me to vacate the flat by
5 pm or he will pass the order, asking the Khar
Police to evict me within one hour. He told me,
Punjab National Bank will make arrangements for me to
stay in a Hotel for 7 days. However by 5 pm he agreed
to hear my case on 7.12.05, but at the same time he
ordered, that the Khar Police Officer be present in
court to accept the order promptly, for eviction on
7.12.05.
On 7.12.05, Mr Arun Walzade API from Khar Police
Station remained present in the court all day. This
is the same Police Officer against whom I have sought
action, through the high court. The case was again
adjourned to 13.12.05.
On 13.12.05 the Investigating Officer Mr. Mehboob
Inamdar PSI, was found to be making false statements
from the witness stand, regarding list of properties,
(same statements he had made earlier also on 5.12.05,
after which we had inspected court records) he was
caught by my lawyers and the Judge after checking
court records, severely scolded the Investigating
Police Officer. Immediately my lawyers made an
application to take on record the false verbal
statements the Police Officer had made, the Judge
refused and warned us that he can pass an adverse
order against us and stated "No action can be
taken against me for any order I pass, as I have
immunity". He assured us he will remember the
conduct of the Police Officer and his false
statements.
Thereafter the Judge repeatedly pressurized me, to
vacate the flat, at one time even offered to let me
and my family stay in his house. Another time, while
my lawyer was delayed at Delhi airport, due to fog,
he offered me 7 days time to vacate voluntarily, or
else threatened to pass an order for eviction from
the flat by 5 pm the same day and pretended to start
dictating the order against me and also directed the
Investigating Officer to inform Khar Police to be
ready, to receive the order. After dictating for
about 20 minutes he stopped, he agreed to hear my
lawyer next day. Thereafter he offered various
incentives and threats and sometimes humiliated me,
stating in open court, that he has never seen a man
as shameless, who does not care about the indignity,
his family will have to face, when evicted by the
Police.
While my family suffered and worried about me, always
conscious of my fathers death at age 57 due to a
heart attack, I did not succumb to the relentless
pressure. Finally on 30.1.06 the same Judge passed
the order in my favour after hearing both the sides
at length.
On 13.12.05, we have made 2 applications MA 394 and
MA 395 in the same court asking for action against
the Police Officer Mr Mehboob Inamdar PSI for
tampering of court records plus contempt and Bank
Officers for perjury, resulting in my being sent to
jail for 6 days. No action has been taken till date,
even notice has not been issued, asking for their
reply to our charges. However I have repeatedly, to
appear in the court with my lawyers, as our non
appearance will give the Judge a chance to throw my
applications out. I remain in court from 11 am to
5.30 pm every time. Last date was 19.9.06 next is
27.9.06. Needless to add it costs a lot of money as
well.
If a literate 58 years old individual, is required to
go through what is described above in Mumbai Courts,
imagine what our citizens must be having to face in
smaller towns and cities of India.
Sir, if you have the authority and powers to rectify
wrongs in courts, please do something. After you, I
can only appeal to God.
Thanking you,
Yours truly,
Indur K Chhugani Mobile 98201 71571
Attached: Report from The Times
Of India, Mumbai dt 24.7.06
CC: To,
The President Of India, Presidents Secretariat,
Rashtrapati Bhavan,
New Delhi 110 004. Kind Attention of Mr Ashish Kalia.
---------------------------------------------------------------------
(
The Judge at the Sessions Court No 53 Justice N D
Deshpande ( he is now HC Judge ) was trying to
protect his predecessor Judge V L Achilya, who was
instrumental in getting me arrested thru a false FIR
. It was claimed "Chhugani
is staying in a property, which was sealed by the
court, while actually there was no order ever passed
for sealing the property".
)
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