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1. That this Petition has with reference to Advertisement published in The Telegraph, English Daily Newspaper dated 12th May 2003, by the PARLIAMENT OF INDIA, RAJYA SABHA, under caption "Information for General Public" about the right to petition Parliament in a democracy. Photocopy of the advertisement is enclosed.
2. That "the right to petition Parliament in a democracy" can be established as "of a great antiquity and of immense importance for safeguarding the rights of the citizens", if the matters are examined on merit, without any consideration of the status or influence of the persons referred or charged in the instant Petition.
3. That the instant Petition contained matters of great antiquity and of immense importance for safeguard of the fundamental rights of the citizen, based on own experience or sufferings by the Petitioner himself. As such no one can controvert merits of the matter at any cost. The draft evolved by the Petitioner for a new Law "RIGHTS OF THE CITIZEN AND ACCOUNTABILITY OF PUBLIC SERVANTS ACT 2003", if enacted, can ensure remedy against criminal misconduct by criminal means by the public servants, under their Nexus with wrong doers. It is strong belief of the Petitioner that corruption particularly based on misuse of the powers and abuse of the authority under Politics-Crime-Nexus can be checked effectively.
4. That the suggestion in respect of any Law by the Petitioner is not the first, as described below:
- The Petitioner as the 1st individual Indian was invited on 27th September 1977 before Parliamentary Public Undertaking Committee, under Chairmanship of Late Shri Jyotirmoy Basu, in specially held meeting at Parliament House. If Committee will go through the records of the said Committee, it may satisfy that for that particular days meeting of the Committee exclusively was fixed to hear the evidence of the Petitioner only. Time for Committee Meeting was fixed just for 30 Minutes, but Meeting were continued for about 2 hours 30 Minutes. Copy of the Letter from the Lok Sabha secretariat are annexed herewith and Marked as Annexure-A-01.
- The Petitioner have submitted suggestions before several Parliamentary Committees and invited in person to appear before some of such Committees to explain his suggestions. In this respect Photocopy of Letter No. RS.6(2)/96-C.S.(HA) dated 20th June 1997 from Shri Sompal the then Chairman of the Standing Committee on Home Affairs is annexed herewith and marked as Annexure A-02.
5. That since the childhood petitioner is a social-minded person and working for the betterment of the democratic and administrative system. In support of his this statement photocopies of the following documents:
(1) Letter No. 262-95F/68(H) Dated 22nd January 1968 from Personal Secretary to the Deputy Prime Minster Late Morarji Bhai Desai, (2) Letter No. F-5/64-c.p.64 dated February 1964 from Mr. J.P.Naik, Adviser on Primary Education, Ministry of Education, (3) Letter No. 664-TM/65 dated 4th February 1965 from Shri Raj Bahadur, the then Union Minister, (4) Letter No. D3506 /67-EM dated 30th May 1967 from Shri Triguna Sen, the then Education Minister of India, (5) Letter dated 12th January 1968 from Seth Govind Das, the then Member of Parliament (6) Letter dated 4th January 1968 from Shri Prakash Veer Ji, the then Member of Parliament, (7) (11) Letter Nos. 61/RJ/65/10690 dated 10th June 1965, 4/68(2)/2478 dated 20th January 1968, 468/69(1)/15448 dated 11th March 1969, 4/69(2)/26961 dated 17th May 1969, and 485/68/Stats/37521 dated 13th August 1969 all five from the Election Commission of India are collectively annexed as Annexure "A-3 to A-13"
Letter No. M(S)-PC/81-2797 dated May 25, 1981 from Shri M.S. Swaminathan is annexed herewith and Marked as Annexure "A-14".
Letter No. 54/CI/SI dated 2nd September 1981 from the Lok Sabha Secretariat is annexed herewith and Marked as Annexure "A-15". Thereafter, Petitioner submits his representation.
Letter No.12/1/4/97/FC date 29th November 1997 from the Lok Sabha Secretariat is annexed herewith and Marked as Annexure "A-16". Thereafter, I forwarded voluminous suggestion on the then Bill placed before Parliament by Shri P. Chidambaram, the then Finance Minister.
The present election reforms, uphold by Supreme Court in two recent separate Judgments was originally evolved by the Petitioner, as referred hereinafter, and adopted from the suggestions made by the Petitioner in Writ Petition (Civil) No.3 of 1986 filed in 1995 before Honble Supreme Court and in 1996 filed before the Election Commission of India. All these facts were also referred in detail in my website: http://milapchoraria.tripod.com/writpetition.
The last amendments in Civil Procedure Code are completely adopted from the Writ Petition (Civil) No.151 of 1996 filed before Honble Supreme Court. The facts relating to the said Writ petition and such suggestions are also referred hereinafter besides the same is posted in website: http://milapchoraria.tripod.com/writpetition. Before referring it in the said Writ Petition by his Letter Dated 3rd March 1995 Petitioner forwarded a Model of Draft for New Civil Procedure Code evolved and developed by him to Honble Chief Justice of India. When the said Writ Petition was heard Honble Court of Chief Justice of India passed order in respect of suggestions made by the Petitioner about "the regulations of public interest litigation Petitions, while suggested the Petitioner to forward his Suggestion in respect of New Civil Procedure Code to the Chairman, Law Commission of India. Accordingly, Petitioner his Draft of Suggestion by letter Dated 6th June 1996 by Registered Post to the Chairman, Law Commission of India with reference to such advice from Honble Chief Justice of India. Photocopies of the said Model Draft of Civil Procedure Code contained in Letter dated 3rd March 1995, Order dated 29.3.1996 in Writ Petition (Civil) No.151 of 1996 of Honble Supreme Court and Letter dated 6th June 1996 to the Law Commission of India are annexed herewith and Marked as "Annexure-A-17 to A-19 respectively".
Photocopies of the Letter No. 1(28)/LOP/95 dated 7th March 1995 written by the Prime Minister Shri Atal Behari Vajpayee in his the then capacity as Leader of Opposition in Parliament and Letter dated March 6, 1995 written by Deputy Prime Minister Shri Lal Krishna Advani in his the then capacity as Member of Parliament to the then Railway Minister Shri C.K. Jaffar Sharief, on the basis of request of the Petitioner, are annexed herewith and marked as "Annexure 20 and 21 respectively".
6. That matter referred herein is having of a greater than great antiquity and of immense importance for the safeguarding of the fundamental, statutory and legal rights of the citizen, which now admittedly infringed severely, under Politics-Crime-Nexus-, thus the lifes and liberties of individuals are under serious stake as already admitted by the High Powered Vohra Committee in its Report. This situation developed because, gradually and in due course of time, remedial measures against infringement of the fundamental rights of the Citizen have been made anfractuous, as referred and explained in detail in the factual part of the Petition. The open misuse of the powers and abuse of the authorities and misuse of the Government Machinery, and misuse of the influence by political personalities, with clear objective to support blackmailing activities of the Mafia elements, (as described by the Vohra Committee in its Report), is basis of this Petition with supporting strong evidences. In fact the matter referred herein is strong evidence of the collapsing if the entire system at every level, under the impact of Politics-Crime-Nexus. Therefore, the matter referred herein is a fit case to examine by the Committee on Petitions in general public interests to recommend the Parliament to enact a Law as suggested in the Petition, to ensure safeguarding of the rights of the citizens.
7. Petitioner decided to present this Petition, when this was proved that, under politics-crime-nexus, in the matters referred herein, remedy against infringement of fundamental, statutory and legal rights, nowhere available to the Petitioner. As per knowledge of the Petitioner, no litigation is pending in any Court of Law in respect of any part of the Petition.
8. This is Humble Submission before the "Committee on Petition" of the Parliament that any of the statement from this Petition or from any enclosures / Annexures referred herein, if proved as wrong or untrue, the stringent punishment shall be fixed for the Petitioner, by the Parliament of India (Rajya Sabha), but he is believing that the Petition Committee should ensure that in the larger public interest, whole matter referred in the Petition would be examined on merit, as a test case, to determine the future course of action by enacting appropriate law, irrespective of (political) party lines or ideology or interest of any of the Member, and after examining the whole matter and satisfying about the Draft of Law as suggested under Chapter- III, Petition Committee would recommended for its enactment as a law so Rights to Remedy against infringement of the Fundamental, statutory and legal Rights of each and every Individual can be protected from the Politics-Crime-Bureaucratic-Nexus, which at present is admittedly prevailing in the country, causing serious threats to lives and liberties of the individual thus the fibers of democracy.
9. This is strong belief of the Petitioner, as explained under Chapter-II herein, that Vohra Committee have used and examined the most of the matters referred in the Petition, to prepare its Report, as the same were available with the respective authorities, which were referred by the Petitioner in respective Memorandums, Representations, Applications or Complaints addressed or forwarded to the different Authorities, including Chairman and Members of the Vohra Committee, besides others similar matters.
10. That this is Humble submission of the Petitioner that for the survival of a democracy this should be the Constitutional, Statutory and Legal duty of the "STATE" that under any circumstances whatsoever it may be, Rule of Law should and must not be violated by any public servant and / or State, and / or any public servant and State should not be a party to any wrong doings of any individual, which may cause infringement of the Fundamental, Statutory or Legal Rights of any individual. Any act contrary to Rule of Law by any public servant holding Office of the State shall be liable for all consequences thereof. This is further submission of the Petitioner that even the knowing non-actions, by the authorities in the matters, placed or referred or noticed to them, are equally dangerous and can cause similar severe impact, as may be caused by violation of Rule of Law, as such knowing non-actions by the authorities should be also treated as violation of Rule of Law.
11. That the matters referred herein are relates to misuse of powers and abuse of authorities by the Powerful Politician holding high Office, caused with support of Governmental Machinery working as his sub-ordinates, with sole objective to support the blackmailing activities of the mafia elements. Charges leveled herein by the Petitioner are very much serious in nature as such should be examined in considerations of its immense importance for safeguarding of the Citizens rights from such misuse of powers and abuse of authority in future by any one whatsoever position he might holds. This is strongly repeated and reiterated, that any Statement of this Petition or enclosures therewith, if proved as untrue or wrong, the Petitioner is ready to suffer stringent punishment for the same.
12. That the matters referred herein are further relates to misuse of the powers and abuse of the authority with knowing sole intentions and objects to arrange undue favours under embracement of the Judicial Officers to help criminal blackmailing activities by criminal means acted by the respective Mafia Elements, as was also referred by the Vohra Committee in its Report.
13. That the matters referred herein are of the grave concern having immense importance, because under the political influence, even renowned Advocates of the country acted under Professional Misconduct to save criminal activities of such Mafiadom. Under the same influence Members of respective Bar Council Bench with intentions to save wrong doings of brethrens Advocates, without examining the complaint against professional misconducts of the Advocates, on merit, rejected the same by adopting the resolution, in severe violations of the Core principle of the jurisprudence that justice must be above all.
14. The competency of the Parliament to examine the matters referred in the Petition is explained under ChapterI
15. The facts relating with the instances of misuse of Powers and Abuse of the Authority with clear objective to support the blackmailing activities of Mafia elements are referred under heading Chapter-II. The annexures relates to respective paragraphs were referred there with respective markings made on each Annexure.
16. One Honble Member of the Petition Committee is Mrs. Sarla Maheshwri, M.P., and she will consider the matters referred herein beyond the Party line, but in larger Public Interests. Retired Honble Chief Justice of India Mr. Rang Nath Mishra is also Honble Member of the Petition Committee. He will help the committee with broader prospective relates to integrity, efficacy and solemnity of the Judiciary, which can be protected by the protection of the Core Principle of the Jurisprudence that the Justice based on truth must be above all.
17. This is a matter of the fact that the list of the instances of the misuse of powers, abuse of authorities, by the Public Servants holding High Offices, being committed with sole objects to support the blackmailing activities of the related mafia elements, is very very long. Petitioner is ready to provide further evidences in this respect, if Committee so required. However the object of the Petitioner is just to justify that this is a fit case to examine and after satisfies therewith Petition Committee in the Larger Public Interests should recommend the Parliament for enactment of a New Law. Therefore, in considerations of experiences, this is strong belief of the Petitioner that immediately enactment of a law to make Public Servants Accountable for each and every knowing wrong doings and to make the State responsible for any damages caused under the misuse of the Powers and abuse of authority caused or committed in support of any Mafia elements or criminal activities of any individual against any other individual. With this background, the Petitioner is suggesting and submitting a Model of draft for a law under heading Chapter-III.
18. That "Right to Information" and "Transparent Governance" is Fundamental rights of every one; as such this Petition is posted at various Websites, and conveyed worldwide Human Right organisations and others. Address of the one such Website is: http://deepanchi.tripod.com
19. As per the knowledge of the Petitioner, no litigation is pending in any Court of Law in respect of any part of the Petition. The Photocopies of the most of the documents are reduced at the time of photocopying of the same to make easy for the Book Binding of the Petition.
20. This is declared, admitted and submitted on affirmations that persons named in the Petition if able to prove as untrue or false any specific allegations made by the Petitioner against them in the Petition with regards to misuse of Administration of Justice, or relates to embracement of Judicial Officers, or relates to Politics-Crime-Bureaucratic-Nexus, in such case, he will relinquish all of his rights over each and every part of the properties described in the Petition, otherwise, Petition Committee must accept the contentions of the Petitioner, as referred in the respective paragraphs. Although Cabinet have approved Lokpal Bill 2001 (including amendments suggested by the Standing Committee of Home Affairs, but it cannot ensure rights to remedy of individual citizen, as such law suggested by the Petitioner is very much "of a great antiquity and of immense importance for safeguarding the rights of the citizens", and as such Petition Committee will examine whole matter referred in the Petition to examine immmense requirement of such Law.
21. That each and every statement, particularly those are made not on the basis of any information or report (as will be specifically stated at the respective paragraphs) in the Petition is true to my knowledge, and I believe to be true.
(MILAP CHORAIA)
PETITIONER
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