Hon’ble Mr. Justice K.G.
Chief Justice of India,
C/o The Registrar,
Supreme Court of India,
New Delhi-110 001
Subject : Backlog of cases
in Courts … one big reason is Courts & police love to play football,
kicking the petitioner as the ball.
“Oust corrupt, infirm
judges: CJI to HCs”, is the headline of the article I read in the Times of India
on morning of 16th October 2008. And in the next 5 minutes, I learnt thru the
net, I was required to attend a case in the Bombay High Court, regarding a
Contempt Application I was fighting, against Khar police, for over 2 years,
since they had deliberately disobeyed the high Court orders passed in my favour
on 15th February 2006, staying all proceedings in a false case of breaking court
seal and trespassing into a property, U/s 448, 454 r/w 34 of the I. P. C., in
which I was arrested and had to spend 6 days in jail. My wife and son had to
apply for anticipatory bail. The fact is there was no order ever passed to
seal the property.
The contempt application ( APPW/329/2006 In
WP/2414/2005 ) came up before Hon’ble Shri Justice F.I. Rebello plus Justice
Shri A A Kumbhakoni . The application was disposed off in 5 minutes, as the
Hon’ble Judge found that my lawyer had filed a criminal contempt petition,
whereas “wilful disobedience to any judgement of the court, writ or
direction amounts only to civil contempt” and thus my application was
disposed off. It means the Contempt of Courts Act allows the police to
disobey the court orders with impunity, because civil action means a waiting
period of 20 years or more to get justice.
Now no action is
feasible against the police or my lawyer who surely filed a sterile application
deliberately and the various Judges, who wasted their own time and mine in the 2
year period, because this application came up before many 2 Judges Bench in the
2 year period, before it got finally disposed off in 5 minutes on 16th October
2008. They are as follows:
A. . First on 21.9.06 the application
came up for hearing before Justice Shri J N Patel plus Justice Smt R S 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. I wrote to the Chief
Justice of India, Justice Shri Y K Sabharwal on 26th September 2006 about the
goings on. Nothing happened ( copy of letter attached for ready reference also
on net http://www.RoguePolice.com/cjapex.htm ).
B. Next on 23/3/2007 it came before Justice Smt Ranjana
Desai plus Justice Shri D B Bhosale and the police were directed to file their
reply in 2 weeks. Police never bothered to file a reply.
on 27/3/08 it came up before Justice Shri R M Khandeparkar plus Jusice Shri A A
Sayed and it got simply adjourned, because my lawyer did not show up and I
requested the court, to discharge him from the case.
D. Next on 25/4/08
it came up before Justice Shri Bilal Nazki plus Justice Shri A P Bhangale and he
said “Rightly or wrongly the charge sheet is now filed, so attend the
Magistrate’s court in Bandra”. He would not hear any further, the contempt
application against the Khar police. And ordered the public Prosecutor to serve
court papers on me before next date.
E. Next on 26/6/08 it came up before
Justice Shri B H Marlapalle plus Justice Shri J H Bhatia and he heard patiently
and took on record, the RTI reply from Khar police, in which they have stated
that “Investigation officer was too busy and ( in about 3 months ) he did not
get time to read the High Court order so the charge sheet was filed
inadvertently”. The public prosecutor shamelessly asked the court to dismiss the
original Writ petition, because the prayers now had become infructious, in the
original petition prayers were “The Respondnts No 1 & 2 may kindly be
directed to drop the prosecution against the petitioner in respect of I C R No
103/05 registered with Khar police, Mumbai U/s 448, 454 r/w 34 of the I. P. C”
… “and now the Charge sheet was already filed, even though inadvertently”.
Fortunately this plea was not accepted.
F. Finally it was disposed off on
16th October 2008 by Hon’ble Shri Justice F.I. Rebello and Justice Shri A A
Kumbhakoni. After following this application in the high court for 2 years, it
literally is dismissed. What hope can anyone have of getting Justice through the
highly learned Judges, who dare not act against the police, even when they
deliberately ignore High Court orders.
Time was wasted by 10 Judges, who
never bothered to understand the Contempt application moved by my advocate and
for these hearings I had to attend court about 20 times, as many times it was
very low on board.
Courts & police love to kick petitioners
like a football.
Am 61 years
old, educated and well informed citizen, capable of fighting the corrupt, but
getting Justice through the courts is almost an impossible task, because the
Courts and the police are like 2 friendly teams, who treat the petitioner like a
1. Was arrested by the Khar police on 28/3/2005 after false FIR
was filed against me on 24/3/2005, initiated by a Judge Shri V L Achilya of
the Special MPID Court. The charge was of tresspassing into property after
breaking court seal U/s 448, 454 r/w 34 of the I. P. C, when there was no
occasion to pass order for sealing the property, in a case before the same
2. On 30th January 2006, new Judge of the MPID court Justice
Shri N D Deshpande discharged me from the charge of breaking court seal, because
there was no order to seal the flat. But not before he almost made me and family
commit suicide, because of his repeated threats over a 2 month period of
evicting me from my home . This was clearly an attempt to bury the erroneous
action of the previous Judge Shri V L Achilya. ( written complaint against Judge Achilya filed with Chief
Justice, Bombay High Court
|3. While the MPID Court judge initiated the false
FIR, the same MPID court had no powers to withdraw the same FIR for breaking
imaginary court seal, for which I had to approach the High Court.
4. The High Court was already approached, by way of
CrWP / 2414 / 05. The petition was admitted on 15/2/2006 and Interim relief
granted, staying all proceedings at the Khar police station. Till that time
i.e 11 months after my arrest, no charge sheet was filed.
5. The Khar
police station, simply ignored the High Court orders, and filed the charge sheet
nearly 3 months later. Later stated in RTI reply “Investigation officer was
too busy, and did not have time to read High Court order, so charge sheet was
filed inadvertently”. This false explanation was supported by the copy of
the High Court order, from which the signature of Investigation officer was
erased, to give impression that he never saw the order. This amounts to forgery.
However the signature of Sr Police Inspector was not erased.
Approached High Court for contempt. First Justice J N Patel withdrew interim
relief and later Justice Shri Bilal Nazki issued verbal orders “Rightly or
wrongly charge sheet is now filed, so you attend
Magistrates court”. And ordered the public Prosecutor to serve court papers on
me before next date.
7. Complaints to Addl Commissioner of police, remain
unanswered. Complaint made do Deputy Commissioner of Police only get a response
“Approach the Assistant Commissioner of Police,(crime) who will conduct a deep
inquiry”. Visits to the Assistant Commissioner of police, find a pan stained
grinning un-cooperative man.
8. Tried to file FIR for forgery against Sr
Police Inspector of Khar police station, the duty officer refused to register
9. Filed a Cr WP 1529 / 2008 at Bombay High Court seeking direction
to register FIR for forgery against Sr Police Inspector Khar Police Station.
Justice Shri Bilal Nazki dismissed the petition. In the dismissal order it is
stated that the petitioner must approach the Magistrate instead. Which is clear
attempt to harass the petitioner, help police and delay proceedings further,
because the High court has powers to order registration of FIR.
Sir, the above experiences are from the highest Courts in Mumbai, can you
imagine, what must be happening in courts in smaller cities and towns,
especially where the people dragged to courts are not literate.
|The Politicians have used the police for dishonest
work for decades, however it is the Judicial patronage now available to the
police, which is responsible for the Police force becoming extremely lawless and
corrupt in recent times.
This is a fervent plea to convert this letter into a
Public Writ Petition for urgently amending the Comtempt of Courts Act, to make
it extremely difficult for the corrupt police to overrule the directions issued
by the courts, which the petitioners get after crossing innumerable hurdles. At
present, as my case proves, the police appear to be having the ability to
disrespectfully disregard the orders of the highest courts, with little or no
fear of any worthwhile adverse action.
Respected Sir, we all have to answer a higher
Indur K Chhugani …. Mobile 098201 71571 Email: