That in or about in the year of 1984-85 fire was caused in a portion of the New (Hogg) Market; a famous market since the English regime. This is the belief of the people that aforesaid fire was arranged under Politics-Crime-Nexus. The owner of the Market was Kolkata Municipal Corporation. Shri Kamal Basu was Mayor of Kolkata Municipal Corporation and was pleased because at his retired life was changed, when under grace of Shri Jyoti Basu, he was made Mayor. Resultantly, Rebuilding Contract for said burnt portion of New (Hogg) Market was staged in such a way, that the said contract cannot be taken by any one else, than Martin Burn Limited Company, which till then was a renowned Company as people were aware that this was controlled and managed by the famous Mukherjee family. But, inside story was different, because Kedar Nath Fatehpuria, who was employee of Sahu Jain Estate, over night was become multimillionaire and take over the control and management of the said Company, when said contract was given to said Company. The important part of the said contract was the right of contactor Company (Martin Burn Limited) to lease out 97, 000 Square Feet market area after its rebuilding. So, after deduction of the construction cost of rebuilding including the said area of 97, 000 Square Feet, the amount of realisation from the Lease amount should have been distributed between the Kolkata Municipal Corporation and the said Martin Burn Limited. Therefore, under such contract distribution of such profit in favour of the Kolkata Municipal Corporation was way out by fixing the premium for aforesaid 97,000 Square Feet. According to the then prevailing premium in the locality (as then were Salami in the area was Rs.2,500/- per Square Feet) against the lease must have been Rs.3,000/-. If this amount divided half half in favour of Kolkata Municipal Corporation and Martin Burn Limited, than the premium in favour of Kolkata Municipal Corporation should have been about Rs.15 Crores. But, till then Shri Jyoti Basu become about future of his son as such premium of the said contract under some under hand agreement was fixed just for Rs.1.8 Crores. In this respect initially Newspapers carryout News items. But subsequently they were pleased with the management of Martin Burn Limited particularly with the family of Kedar Nath Fatehpuria.
2. That the above said contract was not the single one, but such types of contracts were given in respect of various public properties including properties belongs to Kolkata Municipal Corporation. In these matters, one Shrawan Kumar Todi, one of the family friends of Shri Jyoti Basu, adopted the main role, whose building Todi Mention was constructed in violations of all building Rules and Laws, because of his such friendship with Shri Jyoti Basu. Till then every week one times deaner or lounch of Shri Jyoti Basu was at the residence of Shrawan Kumar Todi.
3. That as the story then was stated by Sanjay Kumar Jhunjhunwala himself to the Petitioner, his father was earning nothing and he was employee in one Rajgarhia Company against monthly salary of Rs.300/- and living along with his father and mother in one Room belongs to his uncle. But, they have one landed, properties at 9/1, Lower Rowdon Street, Kolkata-700020, which was in possession of one Tenant and was under dispute. Sanjay Kumar Jhunjhunwala just at the young age of 18 years and for the purpose of his employers, regularly going to Kedar Nath Fatehpuria, the employee in one Sahu Jain Company related with Estate matters. The correct names of Rajgarhia Company and Sahu Jain Estate Company are not in the memory of the Petitioner. He discussed his problem with Kedar Nath Fatehpuria, who suggested to be settled the matter with the respective Tenants by making lumps sum payment. Sanjay Kumar Jhunjhunwala was not monetary sources, while Fatehpuria was. As such Sanjay Kumar Jhunjhunwala make payment of Rs.22 Lakhs to said Tenant, under settlement to get vacated his said Land and the multistoried building complex project at 9/1, Lower Rowdon Street, Kolkata 700020 was completed as Joint Venture of Kedar Nath Fatehpuria family & Sanjay Kumar Jhunjhunwala. The same was also their first construction project. Since Sanjay Kumar Jhunjhunwala was young and sister of Kedar Nath Fatehpuria was at the age of marriage as such both become relations.
4. That since they got connected with Shri Jyoti Basu after getting contract of New (Hogg) Market, they started become unscrupulous businessmen then turned towards Mafiadom, with the help of Shri Jyoti Basu, the then Chief Minister, his Government, Shri Kamal Basu, the then Mayor of Kolkata Municipal Corporation, then entire administration of the Kolkata Municipal Corporation started to work as Office of them. This was the reason, that whenever the Petitioner approached to the concerned authorities with reference to any specific atrocity suffered by him, instead of any action from the respective authorities, the magnitude of the atrocities were enlarged. In fact the list of illegal favours and misuse of powers, abuse of authorities, and misappropriation of the public properties is very big and can be traced out by an appropriate fair enquiry. Some of such illegalities are referred in a Memorandum dated 5th September 1990,which is annexed hereinbefore as Annexure C-1. After the said Memorandum, the said Mafia Sanjay Kumar Jhunjhunwala spontaneously decided to put the life of the Petitioner by obstructing each and every legal proceeding by or against the Petitioner to ensure injustice to him. As a result, since thereafter the right to justice of the Petitioner have been infringed at every level and stage, by influencing the respective Advocates and embracing the respective judicial officers. The attempt to murder of the son of the Petitioner under Police protection was arranged after the aforesaid Memorandum on the one side and Defamation Suit and Contempt proceedings were initiated on other side to block all the avenues of the Petitioner to get justice.
5. That infringement of the fundamental rights of the Petitioner were not just rarest of the rare, but most unprecedented, of its own kind from the entire Country, and can be corroborated up to the extent, as were referred under aforesaid excerpts of the Vohra Committee Report. This is belief of the Petitioner that no similar other matter may be available with strong evidence of misuse of powers and abuse of authority to support the blackmailing activities of the mafia elements, from the whole of the country. The infringement of the fundamental rights of the Petitioner were started long ago at or about 1983, at the behest of the unscrupulous Businessman turned Mafia Mr. Sanjay Kumar Jhunjhunwala and his associates, with full support from the STATE (as defined under Article 12 of the Constitution) under connivance and criminal conspiracy and Nexus between unscrupulous Businessman turned Mafia Sanjay Kumar Jhunjhunwala and his associates and powerful politician from West Bengal Shri Jyoti Basu, the then Chief Minister of West Bengal. The muscle powers backed by black money powers under the umbrella of protections from the STATE have played an most dangerous role in the running of the mafia activities of the said unscrupulous Businessman turned Mafia Mr. Sanjay Kumar Jhunjhunwala and his associates, but for the utter surprise, each and every authority responsible to curb each and every criminal activities with iron hands, the black money powers and other misdeeds, the concerned respective authorities of the Government of India, rather acted to protect such Criminal activities, and huge black money and other misdeeds of the said unscrupulous Businessman turned Mafia Sanjay Kumar Jhunjhunwala and his associates, thus allowed him to arrange constant infringement of the fundamental rights of the Petitioner, which are prevailing till date.
6. That the Petitioner once again repeat and reiterate that State of West Bengal and its subordinates including the Secretary, Department of Urban Development, Secretary Home (Police) Department, Director-General of Police, West Bengal, Secretary, Co-operation Department, the Commissioner of Police, Kolkata Police, Superintendent of Police, 24 Parganas (South), Superintendent of Police, Howrah District, the Officer-In-Charge, Behala Police Station, Kolkata-34, the Officer-In-Charge, Golabari Police Station, Howrah, Registrar of Co-operative Societies, West Bengal, The Secretary, West Bengal Co-operative Tribunal, directly acted and Kolkata Municipal Corporation, Deputy Municipal Commissioner (Buildings) Borrow Committee Chairman, S.S.Unit, being under the control of the State of West Bengal through the Municipal Commissioner, misused their powers and authority under criminal conspiracy with the said unscrupulous Businessman turned Mafia Mr. Sanjay Kumar Jhunjhunwala and his associates through various means, to cause open help to the blackmailing activities including attempts to murder of the Petitioner and His Son, as were hatched and conducted by the said unscrupulous Businessman turned Mafia Mr. Sanjay Kumar Jhunjhunwala and his associates, causing severe infringement of the fundamental rights of the petitioner. The attempt to murder of the son of the Petitioner was staged under Police protection causing a Truck accident. Time to time, Shri Har Kishan Singh Surjeet, General Secretary of C.P.I. (M), Shri Som Nath Chatterjee, M.P. and other CPI (M) leaders were also conveyed through due representations posted by Registered Post or delivered against acknowledgements about the facts relates to misuse of the powers and abuse of the authority causing infringement of fundamental rights of the Petitioner, but each and every one maintain silence, as if they are in support of such infringement of the fundamental rights of the Petitioner. Shri Saurin Roy, I.A.S., the present Chief Secretary, Govt. of West Bengal, is also informed about the situation.
7. That one Senior Correspondence of the English Daily from Kolkata namely Amrita Bazaar Patrika shown courage to publish a News with heading "BASU ACCUSED OF MISAPPROPRIATION", with reference to such measurable situation of severe magnitude which compelled the Petitioner along with his family members to flea from Calcutta, in its issue dated 15th November 1994. The matter was also published in Bengali weekly from State of West Bengal namely Coalfield Times dated 15th- 21st May 1995. Photocopy of the News cuttings of such News are already annexed herewith and marked as "Annexure G-1 and G-2" respectively. The owner of the Newspaper Amrita Bazaar Patrika was compelled to terminate the said Senior Journalist within 24 hours from the said News was published.
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