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THE COUNCIL OF STATES

(RAJYA SABHA)

 

The Petition of Milap Choraria, son of Late Shri Deep Chand Choraria, native Village and P. O. Tamkore, District Jhunjhunu, Rajasthan, and presently inhabitant of B-5/52, Sector-7, New Delhi-110085, and hereinafter would be referred as the Petitioner.

SHEWETH

1.         That matters referred in the Petition do not fall within the cognizance of any Court of law having jurisdiction any part of India or a Court of enquiry or a statutory tribunal or authority or quasi-judicial body or commission, nor relates to any matter pending in any Court of law.

 

2.         That the matters referred herein are primarily as well as constitutionally very much concern to the Government of India to ensure remedies against infringement of Fundamental Rights of the Citizen under Politics-Crime-Nexus, remedy which is not available under any other law.

 

3.         That the matters referred in the Petition cannot be raised on a substantive motion or resolution before any House of Parliament.

 

4.                   That the object of the Petition could not served either by the Freedom to Information Act nor by the Right to Information Act.

 

5.         That the remedy suggested in the Petition against large-scale infringement of Human, Fundamental, Statutory or Legal rights are not available under any prevailing law and cannot be ensured until the Parliament of India enacts appropriate law as suggested by the Petitioner to this effect.

 

6.         That matters contained in the instant Petition having of the great antiquity and of immense importance to help in adoption of the necessary measures to ensure safeguarding of the Human, Fundamental, Statutory or Legal rights of the citizen, particularly infringed under Politics-Crime-Nexus.

 

7.         That all the matters relating to infringement of the Human, Fundamental, Statutory or Legal rights are very much primarily concern to the Central Government and “general public interests”. The vacuumed in the availability of the appropriate law as also necessitated by the Report of the Vohra Committee, the Government of India should have filled up to ensure enforcement of such rights on the priority basis, through enactment of law to that effect. In fact Government through its order No.S/7937/SS(ISP)/93 dated 9th July 93 had established Committee, namely known and called as “Vohra Committee” comprised then Union Home Secretary Shri N.N. Vohra, as Chairman of the Committee. The other members of the Committee were the then Revenue Secretary, Director Intelligence Bureau, Director, Central Bureau of Investigation, Secretary, Research and Analysis Wing (RAW), and Joint Secretary of Home Ministry “to take stock of all available information about the activities of Crime Syndicates / Mafia organisations which had developed links with and were being protected by Government functionaries and political personalities”, which interalia admitting in clear terms that:

“Resultantly, such elements have acquired considerable political clout seriously jeopardising the smooth functioning of the administration and the safety of life and property of the common man, causing a sense of despair and alienation among the people.” and “These Syndicates have acquired substantial financial and muscle power and social respectability and have successfully corrupted the Government machinery at all levels and yield enough influence to make the task of investigating and prosecuting agencies extremely difficult; even the members of the judicial system have not escaped the embrace of the mafia.” and that “DIB has stated that the network of the Mafia is virtually running a parallel Government, pushing the State apparatus into irrelevance” and that “An organised crime Syndicate/Mafia generally commences…” and that “In the bigger cities, the main source of income relates to real estate- forcibly occupying lands/buildings, procuring such properties at cheap rates by forcing out the existing occupants/tenants etc. Over time, the money power thus acquired is used for building up contacts with bureaucrats and politicians and expansion of activities with impunity. The money power is used to develop a network of muscle-power which is also used by politicians during elections.” and that “CBI has reported that all over India crime Syndicates have become a law unto themselves. Even in the smaller towns and rural areas, muscle-men have become the order of the day. Hired assassins have become a part of these organisations. The nexus between the criminal gangs, police, bureaucracy and politicians has come out clearly in various parts of the country”.

 

8.         That matters relates to misuse of the powers and abuse of the authority or misuse of the Government Machinery by any public servant from any State is also very much a subject matter covered within the scope, meaning and ambit of Article 355 of the Constitution of India, thus primarily concern to the Government of India, which interalia provides that the “Duty of the Union…………to ensure that the government of every State is carried on in accordance with the provisions of this Constitution”. Therefore this is duty of the Government of India to ensure that a “State is carried on in accordance with the provisions of this Constitution”, but, I can place evidence before the Petition Committee that “State is just not carried on in accordance with the provisions of this Constitution”.

 

9.         The draft innovated by the Petitioner for a new Law: “THE RIGHT TO REMEDY ACT 2005”, if enacted, can ensure remedy against criminal misconduct by criminal means by the public servants, under their Nexus with and to support the wrong doer’s. It is strong belief of the Petitioner that misuse of the powers and abuse of the authority under Politics-Crime-Nexus can be checked effectively.

 

10.        That in view of the facts and circumstances stated herein this is a Fit Petition to be examined by the Petition Committee in larger Public Interests.

 

And accordingly Petitioner prayer that in the larger public interests to ensure Remedies against Politics-Crime-Nexus not available under any law, and in the light of same it should examine the provisions of the Law suggested by the Petitioner as “THE RIGHT TO REMEDY ACT 2005” and recommend to Parliament of India to enact a Law, with reference to said proposed draft of the law referred under the Schedule hereunder.

 

Name of the Petitioner

Address

Signature or Thumb Impression

Milap Choraria,

Son of Late Shri Deep Chand Choraria

Native Village and P. O. Tamkore, District Jhunjhunu, Rajasthan, and presently inhabitant of B-5/52, Sector-7, New Delhi-110085

 

 

Delhi, 8th August 2005

Schedule to the Petition Before Parliament of India

(DRAFT)

“THE RIGHT TO REMEDY ACT 2005”

 

PREAMBLE AND OBJECTS

The suggested law, if enacted, will be extra-ordinary and should be allowed to use for the rarest amongst the rare matters, where a Citizen deprived under the impact of the Politics-Bureaucratic-Crime-Nexus particularly in the matters where remedy is not available under existing law or State ignoring to ensure remedy against infringement of the Human, Fundamental, Statutory or Legal rights under the impacts of the powerful or influential politicians. Suggested law will send a message amongst wrong doers that they can suffer reverse impact, if their wrongdoing proved. At the same time no one can misuse the Powers and abuse the authority. At the same time real sufferers can use the suggested Law.

 

ACT

 

1.                               “THE RIGHT TO REMEDY ACT 2005” shall be applicable in whole of India, from the date of accent given by the President, and hereinafter, shall be called or referred as “the act”.

 

2.                   Definition

(1)                The definition of the “State” shall be the same as provided by Article 12 of the Constitution of India.

(2)                The definition of the “Public Servant” shall be same as provided by any Constitutional Provision or by law prevailing in any part of India including Jammu & Kashmir, or any purson engaged in nay activities relates to public interests.

 

3.                  Right to Sue under the Act.

(1)        When in any part of India, under direct or indirect Nexus between Politician(s), and / or Member(s) from the Legislative and / or Judicial and / or Executive(s) and / or Criminal(s), the rights of remedies or justice of any citizen, infringed and when remedy is not possible under any prevailing Law or “State” is ignoring to ensure remedy against any infringement of Human, Fundamental, Statutory, or Legal rights citizen is entitled to file a civil suit for appropriate remedy; ensuring Justice, Recovery of the damages and for any other ancillary relief.

(2)        Suit shall be filed before any High Court in India, irrespective of jurisdiction of such High Court or not in respect of a cause of action.

 

4.         Plaint

(1)        Plaint of the Suit shall contain all true facts in detail, in support of the cause of the action, without hiding anything, and issues, and written pleadings, with photocopies of the all supportive documents, if any having with the plaintiff, which should be attested as true copy of the original document or as the case may be.

(2)        The Court shall treat pleading of any false statement of fact or attestation Under Section 340 of criminal Procedure Code, without any immunity.

(3)        Plaintiff(s) should file one original copy of the Plaint supported by the Affidavit. Copies of the Documents annexed with the Plaint must be clear visible and readable. In case any original document, annexed with the Plaint, is not clear visible and readable, plaintiff should file one typed copy of the document along with the photocopy of original document.

(4)        Requisite extra copies of the Plaint shall be filed, along with the Original Plaint.

 

5.         State Defendants

(1)                The Public Servants holding any office of the State at the material time of the cause of action in the respective matter shall be made the State Defendants, with or without reference of the personal name, but with the office, which he holds at the material time of cause of action(s), shall be referred in the body of the plaint.

(2)                All State Defendants from the Central Government shall be addressed through Cabinet Secretary to the Government of India and from any State Government shall be addressed through the Chief Secretary of respective State.

(3)                All State Defendants at the material time hold any office of the Presiding Officer of a Court or Tribunal shall be addressed through respective Court Officer or Registrar.

 

6.                   Service of the Summons upon the Defendant(s).

(1)                After filing of the Suit, Plaintiff should serve a Notice with copy of the Plaint, by Registered Post upon Cabinet Secretary on behalf of all or any of the State Defendants from the Central Government, upon Chief Secretary on behalf of all or any of the State Defendants from respective State Government, Principal Administrative Officer of the respective Court or Tribunal as the case may be. 

(2)                Notice upon the Private Defendants should be served by Registered Post at the address referred in the body of the plaint, informing thereby that they are made a defendant in the respective Suit.

(3)                In case Private defendant refuse to receive the Notice through Registered Post or same returned undelivered a Public Notice shall be published in one of the Newspaper of the Language of the Private Defendant, in the area of his last know address, informing him that he is made a Private Defendant in the Suit.

(4)                Private Defendant shall receive copy of the Plaint from the respective Registrar or Court Officer through appropriate procedure.

 

7.             Admission of the Suit under the Act.

(1)                Suit cannot be declared as void on the ground of law of limitation.

(1)                After adjudication of the Suit on merit, if claims of the plaintiff proved as false or baseless, the plaintiff of the Suit shall be debarred from taking benefit of the Act in future, besides he shall pay entire actual cost of the Suit, and shall be punished in accordance with the procedure laid down Under Section 340 of criminal Procedure Code, without any mercy or immunity.

(2)                A Suit filed under the Act shall be admitted by the respective High Court after preliminary hearing of the matter by a Bench comprised of Three Senior Judges of High Court headed by Chief Justice or next to Chief Justice of such High Court and shall be referred hereinafter as the “Admission Court”.

(3)                The Plaintiff is entitled to contest his case with or without help of any Advocate.

(4)                The Suit shall be admitted, unless any statement of the fact in clear terms prima-facie appears as untrue or false.

(5)                The Defendants can oppose admission of suit at preliminary stage, only on single ground that any particular statement of the fact referred in the plaint is false. He cannot take any advantage to oppose the admissibility of the Suit and should not plead his case of Defence, at preliminary stage, on any legal or other grounds.

(6)                Suit filed under the Act can be refused to admit by a High Court after preliminary hearing by a speaking order with reference to any false statement of the fact in the plaint.

 

8.         Defence.

(1)                The Cabinet Secretary or Officiating Assignee Authority on behalf of all the Public Servants from the Central Government and Chief Secretary or Officiating Assignee Authority on behalf of all Public Servants from the State Government and Principal Administrative Officer of the respective Court / Tribunal as the case may be shall appoint a competent person(s) to file the Defence in the Suit.

(2)                The respective Competent Person(s) should go through the records of the matter and prepare respective defence. Hiding of any fact or making false statement in the Defence shall be treated as failure of his personal duty, and for false statement he will be liable to suffer proceedings under Section 340 of the Criminal Procedure Code, without any immunity.

(3)                Each private defendant should file his Defence, with documentary support, if any, and should be limited to the facts referred in respect of his conduct or directly relates to him in the plaint.

(4)                The simple denial of any allegation would be treated as “no Defence”.

(5)                The Plaintiff is entitled to file his “Affidavit-in-Reply” against each Defence, strictly limited to the denial made by the defendant(s).

(6)                Time limit to file Defence and reply should be fixed by the Court of Trial. No delay try tactic should be allowed.

(7)                No Office of the Government or Court can refuse to place the related record before the appointed Competent person by the State.

 

9.                  That whenever, Trial Court is of the opinion that observation or opinion from the Supreme Court is necessary on any point of Law, shall be referred, and shall be returned after opinion by the Supreme Court for the further proceedings.

 

10.              Reference of any fact based on complete truth cannot tent amounts as Contempt of any Court.

 

11.                Hearing of the Suit.

(1)                After admission, Admission Court shall forward the plaint for adjudication of the facts by a Single Bench of High Court.

(2)                The Adjudicating Court, if necessary, can appoint a penal of Advocate(s) or expert(s) to help the Court.

(3)                After going by the facts referred in the Plaint and Defence(s), and after determinations of the facts, Trial Court shall make detail recommendations and shall return the Suit to Admission Court for final Judgment in the Suit.

 

12.            Judgment under the Act.

(1)                After going through recommendations and fact-findings made by the Adjudicating Court, Admission Court shall pronounce its Judgment. 

(2)    The payment of the damage if decreed, should be made to the plaintiff from the Consolidated Fund of India.    

 

13.       Immunity against violation of the law, during suffering from the Nexus.

When Court satisfied that plaintiff of the Suit is victim of Nexus between Politician(s) and / or Members of Legislatives or Executives or Judiciary or Criminal(s), and as a result of suffering from such Nexus, he fails to comply any law, Rules or regulations, Court shall pass a further decree that the Plaintiff should not be punished for such non-compliance for the period when he suffers under such nexus, and should be allowed to comply now, if possible to any of such law, rules or regulation as the case may be.

 

14.      Properties of person(s) involved in the Nexus to be vested with the State

Besides, criminal prosecution for indulgence in criminal activities by the criminal means, all rights or claims over all moveable or immoveable properties exists in the personal names or in the names of the relations of any defendant(s) including Public Servant(s) in the Suit, proved as party to Nexus between the Politicians and /or Members of the Legislatives or Executives or Judiciary or Criminals, and responsible for any kind of infringement of the rights to justice or remedies of the Plaintiff or any other person, shall vest with the State, without any compensation, whether such properties acquired through such Nexus or not.

 

 

15.       Appeal

The aggrieved party from any Order or Judgment in the Suit under the Act can prefer Appeal, within 30 days from any Order or Judgment, before Supreme Court of India.

 

16.       The Procedure, in respect of specific provision not described herein shall be in accordance with the provision of the Civil Procedure Code, and relating to any criminal offence shall be in accordance with the Provisions of the Criminal Procedure Code.

 

17.      Cost of the Suit.

Actual cost of the Suit shall be on the Suit, and it should be made clear in the Judgment.

 

 

 

(Milap Choraria)

Petitioner

Son of Late Shri Deep Chand Choraria,

Native Village and P. O. Tamkore, District Jhunjhunu, Rajasthan, and

Correspondence Address:

B-5/52, Sector-7, New Delhi-110085

TRUTH SHALL PREVAILS