From: - Milap hand Choraria,

24, Binoba Bhave Road,

Calcutta-700038

Dated 8^th July 1993

Application for according sanction under section 19 of the Prevention of Corruption Act, 1988, 197 of Criminal Procedure Code, to Prosecute Shri Jyoti Basu, the Chief Minister of West Bengal.

To,

Dr. Shankar Dayal Sharma,

President of India,

Rashtrapati Bhawan,

Honble Sir,

1. In West Bengal CPI(M) party is in power since last about 16 (sixteen) years under the Chief Ministership of Shri Jyoti Basu, proving that Shri Jyoti Basu is powerful and influential personnel in the CPI(M) party, while he; is holding the office of the Chief Minister of west Bengal under Article 164 of the Constitution of India and as such is a public servant in terms of section 2(c ) (i) of the prevention of corruption act, 1988 and section 21(12)(a) of the Indian penal code.

2. Under article 356 of the constitution of India, the President of India is empowered to assume himself all or any of the functions of any State Government, thereby can remove a Chief Minister of a state from his office, as such is a competent authority to grant according sanction against a Chief Minister after due consideration of an application to that effect, hence this application is made before Your Honor.

3. That I have been compelled to file this Application as my fundamental rights, liberties were infringed under the EXTRA CONNECTIONS between Shri Jyoti Basu, and the Directors of M/S. Martin Burn Limited including Mr. Sanjay Kumar Jhunjhunwala who became MAFIA LEADER, due to illegal support and help from Shri Jyoti Basu. As a result, said Mr. Jhunjhunwala adopted all means and methods to blackmail and harass me, and Government of West Bengal and the Calcutta Municipal Corporation provided full support for his aforesaid criminal activities. The object of Mr. Jhunjhunwala was to grab my properties. He hatched, two plots, to kill me and my son and as a result his henchmen attacked on me on 18.7.1986 to kill me in which I was seriously injured and hospitalised and similarly on 22.2.1991 one lorry accident was got caused to kill my 18 years old son in which his both legs were seriously damaged, and he is still under treatment in New Delhi. But, both the time Police acted to protect the criminals under influence.

4. I am referring herein some facts concerned to involvement of Shri Jyoti Basu, caused to be obtained pecuniary advantage in favour of said Sanjay Kumar Jhunjhunwala and his associates, adjudged cheat Chittaranjan Ganguly, Shrawan Kumar Bhatter and others and his companies including M/S. martin Burn Limited.

   1. In 1984, I have received a letter from Behala P.S. (Calcutta-34), in connection with the matter concerned to order of Ld. Court of 7^th Asstt. Distt. Judge, Alipore (Calcutta) in T. S. No. 108 of 1983 under order from Shri Jyoti Basu. The said order of Shri Jyoti Basu was interference in the Administration of Justice.

   2. In or about December 1984/January 1985, Shri Jyoti Basu issued an illegal order upon the District Magistrate 24- Parganas, to remove me from my absolute properties, under false representation from said adjudged cheat Chittaranjan Ganguly. At her turn Smt. Ranu Ghosh, (not Runu Ghosh) the then D. M. 24- Parganas, instructed to Dy. S. P. (Town), Jadavpur to implement the said order of Shri Jyoti Basu. After receipt of the said direction Mr. Md. Nizam, Dy. S. P., called me through message letter dated 23.1.1995 of Behala P.S., and when I met with Mr. Nizam, he Shaw me the said order of Shri Jyoti Basu, the exact date of which is not in my memory, and direction of Smt. Ghosh. After going through the same, I sent my protest letter dated 1.2.1985 to Mr. Md. Nizam, with copies to Shri Jyoti Basu, and Smt. Ranu Ghosh, by Registered Post. Thereafter, once again Mr. Nizam called and informed me that after receipt of my letter, Smt. Ranu Ghosh, withdrawn her earlier direction.

1. Nexus between Shri Jyoti Basu and the Directors of M/S. martin Burn limited, will also evident from the fact that in spite of strong objections from the then member of Mayor-in-Council (Building) Late Shri Rathin Das Sharma, the Calcutta Municipal Corporation granted illegal sanction of the plans of multistoried building at 1, R. N. Mukherjee Road, Calcutta-1 and 31/41, Binoba Bhave Road, Ward No. 119 of Calcutta in serious violation of Building Rules and concerned law. West Bengal Minister Shri Buddha Dev Bhattacharyya assured to take action against aforesaid illegal sanctions but failed to do so, as the same were granted at the behest of Shri Jyoti Basu. On the other hand, on 14^th November 1986, Calcutta Municipal Corporation created an fake Municipal holding No. 161, Binoba Bhave Road, in favour of said adjudged Cheat Chittaranjan Ganguly, to help blackmailing activities of said Mr. Jhunjhunwala. On 19^th March 1987, (the Corporation on the strength of the said created and fake Municipal Holding number revoked my validly sanctioned plans). But, when I win writ petition against said order dated 19.3.1987 of corporation, once again my plans were revoked on 7.11.1988. With reference to aforesaid orders recently, on 3^rd June, 1993 One Mr. Dilip Ghosal, Inspector, Assessment Department of Corporation, informed that the said Municipal Holding number was created under the order of Shri Jyoti Basu. As such by letter dated 3^rd June 1993 addressed to said Shri Dilip Ghosal, sent by Regd. Post, with copy to Shri Jyoti Basu, I asked him to confirm the said information given to me. By letter dated 12.6.93 Mr. Dilip Ghosal, under pressure stated that facts described by me were a case of misunderstanding, which reflects the misreprenrtations without directly admitting the said information given to me. The said letter were prepared, drafted and typed at Writers Building and also posted at writers Building P.O. Xerox Copies of letter dated 21.10.1992 to the Municipal Commissioner, Letter dated 23.4.1993 from Corporation and letter dated 3.6.1993 and 1.7.1993 to said Mr. Dilip Ghosal are annexed herewith and marked as annexure "A" to "D" respectively.

1. After receipt of Certified copy of entire order sheet of the said Dispute case, Appeal being No.3 of 1990 were filed on 10.1.1990, against the said created award, before West Bengal Cooperative Tribunal.

2. Certified copy of said Order Sheet were supplied me on 6.12.90 and corrected on 1.2.1990 "on verification of record" by Addl. Registrar, But, in the meantime between 1.2.90 and 9.2.90, first page of the said order sheet of the said Dispute case were got forged to insert the appointment of said Mr. N. Goswami in place of said Mr. Arjun Mondal, though such replacement is not permissible under the law. First page of the order sheet are used by the West Bengal Cooperation Directorate on printed order sheet showing reference of print order. Whereas the said forged order sheet was typed on Electronic Typewriter and the names of the plaintiff and the defendants were written by the pen and hand of one Prabhu Dayal Sureka, who is neither government employee nor was a party to said Dispute Case.

3. After got forged the said order sheet, Mrs. Mira Pandey, issued her unofficial order No.48 dated 9.2.1990 directing thereby to the State of West Bengal to issue an arbitrary Notification in violation of principle of natural justice to fulfill the said object of Mr. Jhunjhunwala to blackmail me and thereafter by Mimeo Letter No. 1602 dated 19.2.1990 said Addl. Registrar informed me that the said order had been inadvertently omitted in the certified copy supplied to me on 6.1.1990 and (which himself corrected on 1.2.1990). Under the influence of said Unofficial Order No.48 dated 9.2.90 (without applying its own administrative mind in fair manner) the State of West Bengal issued an illegal, arbitrary, and unconstitutional Notification dated 17.2.1990 on the basis of recommendations made in the said created award.

4. In view of the aforesaid criminal acts of Mrs. Mira Pandey and other Public Servants with intention to effect the Administration of Justice, I had filed an application Under section 340 Criminal Procedure Code against forgery of the said order sheet in which Mrs. Mira Pandey, was one of the accused and case was recorded as Misc. Case No.3 of 1990 of the West Bengal Cooperative Tribunal. Thereafter, Ld. Member of the Tribunal was got influenced. As such on 18.1.1991 (within about one month on 22.2.1991 Lorry accident was staged to kill my son) Mr. A. K. Bhattacharyya, the Ld. Member of the Tribunal, has intentionally dismissed the said proceedings, by recording false order that "None appears for the petitiner/appellent, no steps taken till 12.05p.m. The Learned Advocate on record is also absent on repeated calls. It shows that the petitioner is not interested to proceed further with the hearing of the misc. case", whereas I myself and my Advocate were present in Court Room and wanted to file an application in the matter. When my Advocate objected to said false recording, Ld. Mr. Bhattacharyya, warned my Advocate not to speak anything and do whatever he likes. However, my Advocate put his signature, mentioning time after date as 12.07 p. m. at the said order, when Ld. Member given the same for signature by opposite party.

5. Two Appeals being Unregd. Appeal No. 4 and 5 both of 1991 were filed on 1.4.1991, by me before the Ld. Tribunal, but files of both the Appeals were removed since 16.4.1991 from the records.

6. West Bengal Cooperative Directorate with held supply of certified copies of several orders for about one year and after receipt, the said certified copies were filed in respective Unregd. Appeals, but Ld. Member under influence did not deduct the period from the date of application for certified copy to date of ready of certified copy for supply and dismissed several Appeals. In fact the State Govt. influenced him by allotting a property out of his turn. In consideration of aforesaid activities of West Bengal Cooperative Department / Directorate I met several times with Shri Bhakti Bhusan Mondal, the then West Bengal Minister for Cooperation and after heard me in detail, he called a joint meeting at his Chamber at Writers Building on 25.4.1990. But, on 25.4.1990, one Mr. A. N. Mazumdar, Dy. R. C. S., informed Shri Mondal, that Mrs. Mira Pandey is acting in the matter under direct instruction from Shri Jyoti Basu, and as such he should not interfere in the matter, as a result said joint meeting could not taken place. Xerox copies of Certified Copy of the said Dispute Case No.43/RCS/87-88, supplied on 6.1.90 and corrected on 1.2.90 and Letter dated 19.2.90 from Addl. R.C.S. and said forged order sheet, said Notification dated 17.2.1990 which indicating (disclosed existence of) unofficial order No.48 of 9.2.1990 of R.C.S., order passed in Misc. Case No. 3 of 1990 and Unregd. Appeal No.18 of 1990 are annexed herewith and marked as Annexure "E" to "J" respectively.

5. Shri Jyoti Basu got created such atmosphere, in which concerned public servants in (from) West Bengal Government and Officials of the Calcutta Municipal Corporation should feel that there are extra connections between Shri Jyoti Basu and the Directors of M/S. Martin Burn Ltd., and Directors of M/S. Martin Burn Ltd., including said Sanjay Kumar Jhunjhunwala were considered as much influential persons by the Administrative as well Political circle, as will appear from the following facts: -

(a) Sanjay Kumar Jhunjhunwala, create a false story that an Mohemedden Advocate met him, with object to threat me that he can remove me from my property, with the help of Shri B. K.Basu, the then Commissioner of Calcutta Police. He confirmed (which expresses his over confidence due to his Nexus with Shri Jyoti Basu) his said created story, in an after thought language, by his letter dated 5^th November 1986. Thereafter, I requested Shri B. K. Basu, (the then Commissioner of Calcutta Police) by a letter sent by Regd. Post, to take appropriate action for misuse his name for such criminal activities, but Mr. B. K. Basu, taken no steps, as he was awake about the aforesaid extra connections. Xerox copy of the said letter of Mr. Jhunjhunwala dated 5.11.1986 is annexed and marked as Annexure "K".

2. I sent complaints to Shri Buddha Dev Bhattacharyya, West Bengal (the then) Minister for Local Governments against illegal sanction granted by the Calcutta Municipal Corporation, as he has taken strong actions against several illegal constructions in the Calcutta city. In response thereof, I received assurance letters from his Ministry, but no action were taken in the matter, as such I sent him a letter dated 5^th April 1993 by Regd. Post as it was clear to me that he was incompetent to take any action against illegal sanction granted in favour of Mr. Jhunjhunwala because of his extra connections with Shri Jyoti Basu. I received no reply from Shri Buddha Dev Bhattacharyya in response to my said letter. Xerox copy of which is annexed herewith and marked as Annexure "L".

3. In the month of October, 1992 One Jai Chand Lal Sethia, threaten me, claiming that he is looking after the matter under instructions from Shri Chandan Basu, son of Shri Jyoti Basu, as such I sent my letter dated 30^th October 1992 to Shri Chandan Basu, with copies to several persons including Shri Jyoti Basu, all by Regd. Post, and Shri Jyoti Basu, under the signature of his Confidential Assistant assured me that the matter is being looked into. But, Shri Jyoti Basu did nothing in the matter as any action could have been affected the interest of Mr. Jhunjhunwala. It is needless to mention that said Shri jai Chand Lal Sethia was man of Rashid Khan the main accused of the famous Calcutta Bomb blast. Xerox copy of the said letter dated 30.10.1992 and said reply of Shri Jyoti Basu dated 24.2.1992 are annexed herewith and marked as Annexure "M".

4. In consideration of the developments and my victimisation, I sent a letter dated 20.4.1993 by Regd. Post to Shri Jyoti Basu, at his residential address, which were received by one Inspector-in-charge. This (Letter) was my notice to Shri Jyoti Basu, in the said letter that if I will not receive any reply from him within 15 days from the date of the receipt of my said letter, the same will be released to Press and I will not be responsible for any result thereof, but till date I received no reply from Shri Jyoti Basu, so I am making it public document by annexing herewith copy of the same and marked as Annexure "N".

5. One Duli Chand Surana, by using the name of Shri Subhas Chakraborty, the West Bengal Minister, and Shri Chandan Basu, sent threats to me, as such I put his such threats on record in my letter dated 5.4.1993 addressed to said Shri Surana with copies to Shri Subhas Chakraborty and Shri Chandan Basu, all by Regd. Post, but I received no reply from any one of them. Copy of which is annexed herewith and marked as Annexure "O".

6. Shri Jyoti Basu, while holding and abusing his office of Chief Minister of West Bengal, caused to be obtained the contract from the said Corporation in favour of M/S. Martin Burn Ltd., and its directors including Sanjay Kumar Jhunjhunwala and Kedar Nath Fatehpuria for their pecuniary advantage of Rupees fourteen crores or more, without caring of any public interest, through illegal means as stated under paragraph 4( c) hereinbefore and as such Shri Jyoti Basu being a public servant committed criminal misconduct and as such is liable to be punished Under Section 13(2) of the Prevention of Corruption Act, 1988.

7. That under the criminal conspiracy between Shri Jyoti Basu the (then) Chief Minister of West Bengal and the Directors of M/S. Martin Burn Ltd., including Mr. Kedar Nath Fatehpuria and said Sanjay Kumar Jhunjhunwala, Shri Jyoti Basu, while holding the office of and abusing his position as Chief Minister of West Bengal influenced Shri Kamal Kumar Basu, the then Mayor of Calcutta to grant illegal sanction of building plans with regards to premises No.1 R.N.Mukherjee Road, Calcutta-1 and 31/41, Binoba Bhave Road, Calcutta-38 as stated under paragraph 4(d) hereinbefore thus got obtained pecuniary advantage of about Rupees Ten crores or more by caused to be obtained sanction of such illegal plans by illegal means in favour of companies of said Mr. Kedar Nath Fatehpuria and / or Sanjay Kumar Jhunjhunwala without any public interest and as such committed criminal misconduct punishable Under Section 13(2) of Prevention of Corruption Act, 1988.

8. That in the year 1984-85 Shri Jyoti Basu, while holding the office of Chief Minister of West Bengal, entered in to a criminal conspiracy with said Sanjay Kumar Jhunjhunwala Director of M/S. Martin Burn Ltd., and his associates Kamlesh Chandra Chattopadhyay, adjudged Cheat Chittaranjan Ganguly, Sukumar Das and Shrawan Kumar Bhatter, with intention to threat to injure my reputation and property directed the then District Magistrate 24 Paraganas Smt. Ranu Ghosh to remove me from my absolute properties as stated under paragraph 4(b) hereinbefore, which she legally could not do and as such Shri Jyoti Basu, abetted her to disobey the law and at the same time Shri Jyoti Basu, abusing his position directed to Behala Police Station to lodge an F.I.R. which under law cannot be lodged, against me in the alleged matter being civil in nature, to threat my reputation and property and as such abetted the officers concerned of Behala P. S. to disobey the law and as such committed an offence punishable under section 120B, 107, 108, 166, 503 of Indian Penal Code and the same had been committed with intention to obtain pecuniary advantage for aforesaid persons without any public interests and as such also committed criminal misconduct punishable under section 13(2) of the Prevention of Corruption Act, 1988.

9. While he holding the office of and by abusing his position as Chief Minister of West Bengal, during the year 1986 and 1988 influenced Shri Kamal Kumar Basu, the then Mayor of the Corporation with intention to threat to injure my reputation and property and accordingly Corporation gave me threat by creating a fake Municipal Premises No. 161, Binoba Bhave Road, Ward No. 119, and my sanction plans were revoked twice on various / flimsy grounds by the said Corporation under the aforesaid criminal conspiracy as stated under paragraph 4(d) hereinbefore and as such Shri Jyoti Basu abetted to Corporation to implement his directions by disobeying for pecuniary advantage of aforesaid persons without any public interests and as such committed offences punishable under section 107, 108, 120B, 166, 503 of Indian Penal Code and 13(2) of the Prevention of Corruption Act, 1988.

10. While holding the office of Chief Minister of West Bengal, Shri Jyoti Basu, by abusing his position and under the aforesaid criminal conspiracy abetted Mrs. Mira Pandey, the then Registrar of Cooperative Societies West Bengal as stated under paragraph 4( c) hereinbefore, to threat to injure my reputation and property by disobeying the law, and said Mrs. Mira Pandey acted accordingly with help of her subordinates in the Cooperation Department / Directorate, even caused to be got forged order sheet for pecuniary advantage of the aforesaid persons without any public interests and as such committed offence punishable under section 107, 108, 120B, 166, 503 of Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988.

11. That Shri Jyoti Basu, while holding the office of Chief Minister of West Bengal, under the aforesaid criminal conspiracy, abused his position to get pecuniary advantage in favour of aforesaid persons by creating such atmosphere under which public servants were compelled to feel that aforesaid persons were near to Shri Jyoti Basu as stated under paragraph 5 hereinbefore and by creating such atmosphere, Shri Jyoti Basu encouraged criminal offences committed by the aforesaid Group and abetted the officers concerned to Behala P.S., New Alipore P.S., and Traffic Squad of Lal Bazar Police Head Quarter to disobey the law in Behala P.S. case No. 38(7)83 dated 14.7.1983, 91(12)83 dated 29.12.1983, 106(2)84 dated 29.2.1984, 4(3)84 dated 2.3.1984, 54(2)85 dated 19.2.1985 67(7)86 dated 18.7.1986 and sec. Vz. C/No.30 dated 22.2.1991 of New Alipore P.S. and as such Police acted in the aforesaid criminal cases to protect the criminals therein and as such Shri Jyoti Basu abetted the aforesaid offences on the aforesaid dates by creating such atmosphere as such committed offences punishable under section 107, 108, 120B, 146, 166, 307, 406, and 506 of Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988.

12. That under the facts and circumstances as aforesaid, this is my humble prayer before Your Honour to grant me according sanction in the matter under Section 197 of Criminal Procedure Code and 19 of the Prevention of Corruption Act, 1988 to prosecute Shri Jyoti Basu. I am ready to supply all necessary papers and circumstantial evidences in my position as and when I will be asked for.

With Regards,

Yours faithfully,

(Milap Chand Choraria)

Copy to : Shri Jyoti Basu (by Regd. Post) Chief Minister of West Bengal for his kind notice.