JOURNALISTS

The Profession of the Journalists is NOBLE ONE. Important Freedom fighters were also amongst Journalists. Journalists can ensure by their endeavour acts and conducts that "Justice must be above all" and the core principle of the rule of law, which says, "Be you ever so high, the law is above you." In fact fair Journalism based on authenticated facts is important social work by journalists. Ultimate benefit from such work by a journalist will strengthened Indian democracy.

I am victim of "Misuse of the powers and abuse of the authority committed by a person of not less than stature of Shri Jyoti Basu, the then Chief Minister of West Bengal, who in severe violation of the law openly helped and supported one unscrupulous turned Mafia for his object to blackmail me". You can understand that when a much conscious person like me forced to suffer such situation, then what is the situation for common men?

More https://deepanchi.tripod.com/jrn/id2.html

The important question before the Journalists will be: whether Shri Jyoti Basu, the then Chief Minister of West Bengal, is above the law or law above him? In this context, I can just say that no other similar matter may be available in the whole of the country with such strong evidences / proofs, in which such powerful politicians have openly misused his powers and abused his authority to support blackmailing activities of Mafia. If he is not prosecuted, then it will be proved that he is above the law.

The Government of India made Vohra Committee Report, public on 1st August 1995. Report speaks out about the grave situation prevailing in the Country with the interalia following findings: -

"all over the country crime syndicate have become a law unto themselves. Even in 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."

"Resultantly, such elements have acquired considerable political clout, seriously jeopardizing 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."

"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 agencies extremely difficult; even the members of the judicial system have not escaped the embrace of the mafia."

"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 the politicians during elections."

The PARLIAMENT OF INDIA published an advertisement in Daily Newspapers dated 12th May 2003 under caption "Information for General Public" about the right to petition Parliament in a democracy. There are strong reasons to believe that Vohra Committee have examined the matter of my sufferings, having with measureless intensity of atrocity, which desperately and contemptuously caused under strong Politics-Crime-Nexus, and described by Shri Rajiv Dhawan Senior Lawyer of Supreme Court as: "juristic concern with the intensity of one having suffered personal atrocity". As such I have referred the fact relates to my severe sufferings in the PETITION BEFORE PARLIAMENT OF INDIA together with a draft for a new law "RIGHTS OF THE CITIZEN AND ACCOUNTABILITY OF PUBLIC SERVANTS ACT 2003". The Petition and draft are posted through Registered post to the Secretary General of Rajya Sabha on 1^st July 2003.

The Petition (except Annexures) is posted at: http://deepanchi.tripod.com

The Government of India admitted before Supreme Court of India that Vohra Committee Report is based on true facts, but till date not enacted appropriate law to ensure effective check on Politics-Crime-Nexus. Admittedly very serious thing in the Report is that "even the members of the judicial system have not escaped the embrace of the mafia". Therefore, even if the Lokpal Bill becomes the Law, it cannot ensure right of the remedy of individual citizen, against Politics-Crime-Nexus.

When the members of the judicial system were beyond the "embrace of the mafia", one Member of Judicial Service was dismissed from the Judicial Service, with reference to my own matter. The said dismissal order was the first such action in the Indian Judicial History.

But, today admittedly situation is totally different. A Constitutional Bench of the Supreme Court of India by its Judgment dated 10^th April 2002, (2002) 4 SCC 388-426, per Syed Shah Mohammed Quadri, J, (for C.J., himself, Variava and Patil JJ.) and per Banerjee J (Concurring) (2002) 4 SCC Page 413-414) through observations perfectly moved in a very right direction, and admitted the importance of the Core principle of jurisprudence that the "Justice must be above all", but beyond the scope, meaning, ambit, powers and jurisdiction provided under Article 32 of the Constitution, and under impact and shadow of principle of finality of the final orders of the Supreme Court(AIR 1967 SC 1:(1966) 3, SCR 744), compromised against such core principle of jurisprudence, by holding interalia that "Article 32 can be invoked only for the purpose of enforcing the fundamental rights conferred in Part III and it is a settled position in law that no judicial order passed by any superior court in judicial proceeding can be said to violate any of the fundamental rights enshrined in Part III".

Such holding virtually has made the basic scheme of Article 32 of the Constitution of India as valueless, infructuous particularly in respect of the Petitioner(s)-in-person, which allowed Petitioners-in-person to seek protections against infringement of Fundamental Rights. Under the same Article, provisions were made that this right is guaranteed. Under such provision Six Judge Constitution Bench of Supreme Court of India (AIR:1950, SC: 124, Kania CJ, Fazl Ali, Patanjali Sastri, Mahajan, B.K.Mokherjea, And Das JJ.), admitted responsibility of the Supreme Court of India by holding interalia that: "The Supreme Court is thus constituted the protector and guarantor of fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringement of such rights.".

Constitution of India empowered the Supreme Court of India to make true interpretation of the Constitution, but not empowered to change or alter the Constitutional provisions at all, more particularly those have been guaranteed under Article 32 of the Constitution of India. While from the aforesaid Judgments, this is ample clear that subsequently Supreme Court hands off from its Constitutional responsibility, thus changed the Constitutional Provisions, giving infractutous status to the Guarantee made under Article 32 of the Constitution.

Resultantly, Supreme Court denied me justice against powerful politician and influential Mafia, contrary to the aforesaid responsibility. I have described my views and facts in detail at: http://milapchoraria.tripod.com/writpetition.

The facts relate to my experience as well as sufferings of atrocities and the said draft of the suggested law is posted at: http://deepanchi.tripod.com.

The object of the suggested law is to ensure Rights of the remedies in all such cases based on Politics-Crime-Nexus.

In considerations of the gravity and seriousness of the matter, having "juristic concern with the intensity of one having suffered personal atrocity" as facts referred in the PETITION BEFORE PARLIAMENT OF INDIA (Total Pages: 488) I am inviting Journalists to go through the entire matter, and examine the same, even to prove that; (1) I am not sufferer of Politics-Bureaucratic-Criminal Nexus; (2) facts referred in the Petition are untrue; (3) I have ever tried to exploit or acted with malafide intention in any

of the matter referred in the Petition; or will cover the matter in all directions, considerations and aspects, and successfully will expose the matter for its logical ends will be accorded "DEEPANCHI" Award.

The total amount of "DEEPANCHI" Awards of Rs.5, 00,000.00 will be given to Journalist(s), who will make in-depth study of the matter and will work for its logical ends.

The principle of the fair Journalism to take views of both side parties is most welcomed.

In consideration of constant threats to lives of my family members and me, real address is not given. If any one wants to contact me, he must send me E-Mail with Contact Phone Numbers of the concerned person enabling me to contact and meet him, after fixing an appointment.

The main Part of the Petition (except the Annexures) is posted at http://deepanchi.tripod.com. The Index of the Annexures are also posted in the website.

All genuine claims will be placed before one renowned personality beyond any bias or doubt like Retired Supreme Court Judge or renowned jurist and his decision will be binding upon all parties.

To check the misuse of the copies of PETITION BEFORE PARLIAMENT OF INDIA, we will supply its copy against payment in advance only.

(MILAP CHORARIA)

Copy is posted at: https://deepanchi.tripod.com/jrn

MILAP CHORARIA E-Mail: milap_choraria@yahoo.com

Columnist : For DAILY Newspapers in India

Author: A MODEL OF NEW CONSTITUTION FOR INDIA

(Under a project for Nationwide Debate to formulate public opinion)

Editor: Deepanchi Messenger

The then Member: Sub-Committees on Finance & Marketing Under Working Group on SSI Sector for Ninth Five Year

Plan Constituted by the Government of India

Convenor : Movement for Accountability to Public (MAP)

Ex-Hoy.Gen.Secy. : INDIAN COUNCIL OF SMALL INDUSTRIES (ICSI), Calcutta

President : Federation of Aluminium Users Association of India

Secretary : Tamkor Vikas Samity (Rajsthan)

Member : Transparency International (India), H.O.Berlin (Germany)

Worker (Member) : Servants of the People Society ( DB), Lajpat Bhawan,New Delhi

Worker : Lok Sevak Sangh, Lajpat Bhawan,ND._

Post Box No.2690,

New Delhi-110 005