[Reader-list] PIL against police-politician-criminal nexus in Mumbai

[M Javed]

Dear friend,
Please read how our Politicians and Police have sold out the country
and see how the Judiciary works hand in glove with them.

After a Citizen of India, filed PIL at Mumbai High Court on
24.12.2008, bringing out facts, how Politicians have been working to
help supporters of terrorists, the Judges decline, to speed up the
hearing.
According to the Judges, the matter is not urgent.
full details at http://www.RoguePolice.com/pil20.htm


On 26.12.2008 the Petitioner moved the Vacation bench of justice D G
Karnik and Justice V R Kingaonkar at Mumbai HC for urgent hearing on
Monday 28.12.2008, for granting Interim reliefs. However the Court
turned it down, stating "There is no urgency. Move the regular court,
after 5.1.2009"

PIL:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
DISTRICT: MUMBAI

PUBLIC INTEREST LITIGATION NO.: 20 OF 2008 filed on 24.12.2008

Indur Kartar Chhugani ….Petitioner (email ikchhugani at yahoo.com )
Age : 61 years, Occ. : Social work,
R/o. : 501-502, Pinky Panorama CHS Ltd.
6th Road, Khar (W), Mumbai - 400 052.

V E R S U S

1. Union of India, represented by
the Home Secretary, Ministry of Home Affairs,
Government of India, North Block,
Central Secretariat,
New Delhi – 110 001. ... Respondents

2. The State of Maharashtra,
Represented by the
Addl. Chief Secretary, Home Department,
Government of Maharashtra, Mantralaya,
Mumbai.

3. The Commisioner of Police,
Greater Mumbai,
Mumbai.
	
4. The Editor,
The Times of India,
Mumbai


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.

WRIT Petition of the Petitioner above named –

Respectfully Shows:

(1) The Petitioner is requesting for appropriate Writs, directions or
orders, more particularly of the nature of a Writ of Mandamus, and any
such order or further orders/directions as this Honourable Court may
deem fit and proper, to the Respondent Nos. 1, 2 and 3 to apprehend
citizens of India or of Pakistan or any other country, involved in
activity detrimental to the interests of the nation, which helps, the
terrorists, to kill citizens of India. Most of the illegal activity is
already within their knowledge.

(2) The petitioner draws the kind attention of this Honourable court,
to the fact, that the gross negligence displayed, by the Respondents
1, 2 and 3 through their inaction to apprehend the terrorists, has
brought our country, to a near war like situation. A war that may cost
millions of lives. Attached is an article, giving details, by the
Chairman of "Friends of the South Asian American Communities"
(FOSAAC). Attached as EXHIBIT "A".

(3) The Petitioner is a senior citizen of India residing along with
his family at the address stated in the cause title. He is an educated
person with the qualifications of a Mechanical Engineer and has been a
successful businessman with a clean record. He is a public spirited
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).

(4) The objective of PLEAD is to bring together all retired and
working persons of good education 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.

(5) The petitioner has earlier filed a Writ Petition in August 2007,
numbered CrWP/1679 /07, bringing out the nexus between shady builders
and the Police officers, regarding building of illegal Police Beat
Chowkies across Maharashtra, consequent to which this Honourable court
has issued directions for demolition of all illegal Police Beat
chowkies across Maharashtra.

(6) The Police department, for reasons, not difficult to understand,
has been allowing criminals a free hand, in committing acts
detrimental to the interests of the Society and the Nation, resulting
in a terrorist strike, which has traumatized the nation.

(7) The facts have been brought to the notice of the Nation, by a
leading Newspaper, The Times of India, just 4 days after terrorists
struck Mumbai and killed over 200 people ruthlessly.

(8) The Times of India is an esteemed daily newspaper, established
more than 100 years ago. The first report that appeared in The Times
of India, dated 1 December 2008 (at page 15 of the daily), is attached
herewith as EXHIBIT "B".

a. The report states "The Intelligence Bureau (IB) has sent a detailed
dossier about the activities of one Mohammed Ali, who is the uncrowned
king of the docks".

b. According to the report "Ali is a close aide of Karachi-based
terrorist Dawood Ibrahim, Ali smuggles petrol, diesel, drugs, arms and
other contraband with impunity".

c. The Report states "the government is reluctant to move against Ali
and his gang because he enjoys the patronage of a powerful politician,
known to be a business partner of Dawood".

d. The Newspaper report further states after recently, they picked up
Hasan Ali, a racehorse owner from Pune and a joint probe by the IB,
Enforcement Directorate (ED) and Directorate of Revenue Intelligence
(DRI) revealed "that Hasan Ali had handled hawala transactions worth a
whopping Rs 35,000 crore, much of it belonging to two Maharashtra
politicians. His laptop revealed details of vast amounts stashed away
in Swiss bank accounts."

e. The report states "The authorities were reportedly asked to go slow
on Hasan Ali".

f. Further the report states "Inspector Vijay Salaskar, who died
fighting the terrorists, had closely investigated the entrenched links
between a prominent gutka manufacturer and the Dawood gang. He had
unearthed a mass of evidence about the manufacturer's visit to Dubai,
where he met Hamid Antulay, a nephew of Dawood, and then went on a
false Pakistani passport to Karachi where he met the don and his
brother Anees. The purpose of the visit was to settle a business
dispute with a rival.Salaskar found out that the manufacturer was
Dawood's partner in the gutka business, alongside a leading politician
who dabbles in real estate development. Despite Salaskar's best
efforts, he was never allowed even to summon the manufacturer for
questioning".

g. The Report further states "The details of Dawood's vast business
transactions and the man fronting it are available with the Central
government. But there is inaction".

(9) The next report that appeared on the front page in The Times Of
India, three days later, on 4 December 2008, . is attached herewith as
EXHIBIT "C".
a. The report states that "Dawood continues to phone his contact in Mumbai".

b. Further, the report states "Recently, a contact who fronts for him
in the real estate business reportedly sent Rs 120 crores via hawala,
sources in the government stated".

(10) The next report that appeared in The Times Of India 18 days
later, on 21 December 2008, at page 4 is attached herewith as EXHIBIT
"D". the salient points of which are:

a. A secret meeting was held at Geneva last year, which was attended
by Dawood, the politician and the arms dealer. The money transaction
was worked out at the meeting. "The Centre has report of this meeting,
but it is not acting on it,'' a source said.

b. Indian security agencies are reportedly keeping tabs on the
movements of known business partners of Dawood in Mumbai, including a
gutka baron and a top builder, to find out if they are going to Dubai
en route to the secret birthday bash.

c. "However, all these efforts add up to nothing as the government is
not at all inclined to crack down on Dawood's financial empire in
India despite us gathering all kinds of information about it,'' a
security official said.

(11) From paras 8,9 and 10 above, it is clear, the Government agencies
have been having all the information, about the illegal activities of
Dawood Ibrahim, since quite some time. Also they know the name of the
powerful politician, known to be a business partner of Dawood -
definitely long before the terrorist strike of 26/11.

(12) Further, a big controversy is raging in the country and the
Parliament now in the wake of the public statements by Mr. Antulay
regarding the killing of
Mr. Karkare, the Maharashtra Anti-Terrorist-Squad (ATS) Chief along
with two other valiant officers by the terrorists alleging that
'terrorism plus something else' may the real cause for their deaths
and calling for a thorough probe into the matters. He hinted at the
hands of any Hindu terrorists even in this regard. Whatever may be the
validity and rationality of his suspicions, the very fact that they
arise from the mind of a reputed senior politician and responsible
union minister and that there are also a good many responsible
politicians and people supporting his demand for such a probe, fortify
this petitioner's own apprehensions of the
underworld-politician-bureaucrat-terrorist nexus leading to the recent
terrorist mayhem in Bombay. EXHIBIT "E" attached herewith is a
compilation of press reports regarding Antulay's controversial
remarks.

(13) Further, it is apt to point out here itself that the Cr
WP/1679/07 regarding illegal police chowkies, was filed in August 2007
by this petitioner despite threats from the police of harming him
physically and during the course of hearing the writ petition, this
Hon'ble Court recognised these threats and passed an order on 9
January 2008 warning the police: "We make it clear that if any harm
visits the petitioner, the Home Department and the Commissioner of
police, greater Mumbai will be solely responsible for the
consequences". Thereafter, the Mumbai police, offered police
protection to the petitioner, at their own expense, however this
petitioner declined that offer, as it was unthinkable that 1 or 2
gunmen could protect him from the Maharashtra police. The petitioner
herein further states that the threat to his life increased manifold
ever since 25th February 2008, pursuant to his bringing to the notice
of this Court the arbitrary and illegal manner in which the Additional
Commissioner of Police (Traffic) had allowed some Advertisement
companies to gain nearly Rs 8 crores every month and made out a clear
case for cancelling this Advertisement contract given away for free.
Regarding this, a letter was also submitted to the Chief Justice,
Bombay High Court, on 30th September 2008 a copy of which is attached
herewith as EXHIBIT "F".

(14) The petitioner further says that the threat to him and his family
will increase manifold, perhaps to a greater proportion than that
faced by many politicians of the country, pursuant to filing of this
writ petition and after this Honourable court orders the police to
initiate immediate action against those named in the 3 Times of India
reports.

(15) GROUNDS FOR THIS WRIT PETITION:

A. The Times of India seems to definitely have a lot of information
regarding the illegal activities of criminals and politicians involved
in activities detrimental to the interests of our country, and surely
that newspaper publishers and editors can and will provide more
information to the highest authorities of the Government or the
police, if so required. However, even after all these reports have
appeared, no one from the Government appears to have made any efforts
to act on those. As such the lives and properties of millions of
people in Bombay are in jeopardy due to the ever present terrorist
menace exacerbated by the underworld-corrupt politician-bureaucrat
nexus and hence the Right to Life guaranteed under Article 21 of our
Constitution is seriously infringed by the inaction and negligence of
the government authorities.

B. The Mumbai police has also turned a blind eye to all the reports
that have appeared in The Times of India and have taken no action to
apprehend the gangster Mohammed Ali who is described as the underworld
don and uncrowned king of the docks in league with the dreaded
terrorist gangster Dawood Ibrahim now reportedly moving freely in his
cosy shelters in Karachi, Pakistan, or the likes of Hasan Ali who are
so numerous in Bombay making hell of the lives of ordinary, innocent
and honest people. Their inaction and negligence also blatantly
violate the letter and spirit of Article 21, which has a rich positive
content and mandates protection of the lives of citizens also.

C. It is also clear that all the concerned persons in authority to be
acting arbitrarily without taking the people into confidence through
transparent proceedings and democratic governance is a desideratum. As
such the people's security and liberties including freedom of speech
and expression are jeopardized and their lives and properties are in
grave danger with already around 200 precious lives lost and crores of
properties damaged in the recent terrorist mayhem which is in
considerable measure due to the negligence, inefficiency and arbitrary
functioning of the authorities and as such fundamental rights of the
people under Articles 14 and 19 are also infringed in a large measure.

D. Further, these authorities themselves appear to be scared of the
gangster Dawood and his powerful political friends in India. Therefore
the people of Bombay need be given ample security through the remedial
measures suggested/ ordered by this Court and, more particularly this
petitioner needs and deserves to be given the highest security
possible.

(16) P R A Y E R S:

1. In the circumstances narrated and for the reasons stated supra, I
request that this Honourable Court may be pleased to issue an
appropriate writ, order or direction, particularly a writ in the
nature of MANDAMUS, to the respondents, specifically to respondents 1
and 2, to immediately conduct a high level enquiry into the dealings
and relations between the underworld leaders and terrorist suspects in
Bombay and elsewhere in Maharashtra with a comprehensive report to be
submitted to this Court within three months thereof, with a consequent
direction that the respondent No. 3 will spare no pains to arrest and
detain unlawful elements named in the Times of India reports as a
precautionary measure for the protection of lives and properties of
millions of people in Bombay and elsewhere from the underworld plus
terrorist gangs.

2. Award costs to the writ petitioner; and pass such other order or
further orders as this Honourable Court may deem fit and proper in the
circumstances of the case to meet the ends of justice.

3. INTERIM RELIEFS: In the circumstances narrated and for reasons
stated in the foregoing paragraphs, it is just and necessary that this
Honourable Court may be pleased to forthwith direct that –

A. The Rule Nisi may be issued in this Writ Petition,

B. The Mumbai police immediately identify the powerful politician,
known to be a business partner of Dawood.

C. The Mumbai police initiate immediate action also against those who
have issued directions to go slow against the individuals indulging in
criminal activities detrimental to the country.

D. The Maharashtra Government arrange for same level of security to
the petitioner and his family, as arranged for Respondents No 1 and 2,
considering the facts of this petition.

E. For any other and further relief as deemed fit and proper in view
of the important issues of public interest raised in this Writ
Petition.

For which acts of kindness and justice the Petitioner shall ever be grateful.

Mumbai :24 /12 /2008 (Petitioner)


A F F I R M A T I O N

I Indur K. Chhugani, son of Late Kartar Chhugani Aged: 61 years;
Occupation: Social Work, citizen of India, Resident of 501-502, Pinky
Panorama CHS Ltd., 6th Road, Khar (W), Mumbai - 400 052, the
Petitioner above-named, 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.


Indur Kartar Chhugani (Petitioner)
Mumbai : 24 /12 /2008

The writer is a veteran journalist


EXHIBIT  "A"

Consequences of a possible war in South Asia-

According to one of the studies, for example, if five cities each of
India and Pakistan are hit in a nuclear war, about 1.7 million people
will be killed in India and about 1.2 million in Pakistan, or a total
of about three million in the region. If 15 cities of the two
countries (eight in India and seven in Pakistan) are nuked, according
to a classified Pentagon study, the toll could mount to 12 million
deaths.


Carcinogenic black rain in coastal areas of Hiroshima-like high
humidity and the velocity of summer winds and dust storms especially
in the India-Pakistan border region will widen the fallout. The global
consequences will be no less grim - even if the conflict remains
regional and does not become a world war . Ira Helfand, a US medical
specialist, in a study of October 2007, projected "a total global
death toll in the range of one billion from starvation alone" as a
result of the regional war over a period of time.


Earlier studies have suggested that such a conflict would throw five
million tonnes of black soot into the atmosphere, causing a reduction
of 1.25 degrees Celsius in the average temperature at the earth's
surface for several years. Consequently, the annual growing season in
the world's most important grain-producing areas would shrink by
between 10 and 20 days. According to Helfand, the world was ill
prepared to cope with such a disaster. "Global grain stocks stand at
49 days, lower than at any point in the past five decades. These
stocks would not provide any significant reserve in the event of a
sharp decline in production. We would see hoarding on a global scale."
All this was said quite sometime before the eruption of the latest
food crisis.


Yet another study estimates the smoke unleashed by 100 small
15-kiloton nuclear warheads could destroy 30 percent to 40 percent of
the world's ozone layer. This is expected to kill off some food crops.

Thanks for reading this and let us support no War
Lt Kevin Kishore Kaul Retd Indian Navy
Chairman
FOSAAC www.fosaac.com