Friday, October 16, 2009

Inustices in India in name of Justice? Rights to information Act of India ?


www.youtube.com/user/TheAurovindo
Kolkata, Apr.11 (ANI): Country's oldest pending case regarding the royal estate of the earstwhile ruler Raja Raj Kishor Deb lodged in 1833 is yet to reopen in the Kolkata High Court. The case, which was filed even before the Calcutta High Court was set up 144 years ago, is still pending before the court with no sign of early disposal. A tax of one rupee per day is still being collected by the State government for the property.
May01, 2009
Hon’ble Chief Justice, Supreme Court of India, (now, K.G. Balakrishnan)

Supreme Court of India,
New Delhi, India

Questionable judgement by Justice Ashim Kumar Banerjee, J and justice Tapas Kumar Giri .J in Kolkata High Court Writ (MAT No. 3140 of 2003 and Appeal FMA No.1040 of 2007.
THE FULL BENCH OF THE DELHI HIGH COURT on January 12, 2010, RULED THAT I, QUOTE, "THE SOURCE OF THE RIGHT TO INFORMATION DOES NOT EMANATE FROM RTI, IT IS A RIGHT THAT EMERGES FROM CONSTITUTIONAL GUARANTEES UNDER ARTICLE 199(a)(a)(RIGHT TO FREEDOM OF SPEECH AND EXPRESSION)AS HELD BY THE Supreme Court of (of India) in a catena of decisions..."
Dear Hon’ble Mr Chief Justice: (now, Hon'ble Chief Justice K. G. Balakrishnan)

Sub: Indian judiciary and their associates particularly in this case Kolkata High Court have they got vested interest not to pass judgment in above writ (if it is of any value) compelling me to spend umpteen millions through the process, which I don't have nor can I afford to approach to you through the legal system of India and I can not access the SCBA through electronic media and who knows like the system in India they care to attend to my written request sent through India postage.
Laws of India are a maize of confusions (purported to the advantage of vested interest groups, who had been governing the country for more than 5 decades who by law, are not equal(ALTHOUGH THE CONSTITUTION OF THE COUNTRY STATES”ALL ARE EQUAL BEFORE THE EYES OF LAW”, but the reality is one needs this sanction, that sanction to get justice and that JUSTICE IS NOT, NOT GURANTEED, OF COURSE IF ONE CAN NOT afford to waste/ SPEND MILLIONS (where per capita income is not even $100.00/yr as per international statistics).

There again, the integrity of the judiciary is in doubt. Judges take arbitrary decision and judgments, of course to please the political bosses (press and media reports are full of it).
Thousands of examples can be given for draconian laws from British Raj (they say it is independent India, independent only the laws made in Independent for the glorified titled public servants who are known as VIP,VVIPS and what not, free everything, given different types of security all at the cost of have not’s.) And, these have not mass die of lack of Medicine, Hospital, Education, starvation, and endless sufferings without any social network.
Public service by practice is to harass and extort the people. In name of e-governance websites are full of wrong ids, addresses, and who cares to reply!
This is the epic of modern India.

Public Service:They have all kinds of examination for recruitment to Public Service. And these Indian glorified titled public servants enjoy free cars, fuel, bungalows, telephone, without showing any output or service to the public. Extortion in one form or the other is the name of the game.
Public has to grease the palms of these public servants to get anything done at all. This is the unwritten law. To whom are you going to complain about these glorified titled public servants? Hardly anybody can do anything for the Public Service Act enacted by the so called Independent India made it a fool proof job security for the public servants. Unlike in other democratic civilized countries where the motto is public is the “client” and clients must be happy or just get out of the door, here in India these glorified titled public servants are meant to please the political masters only, to hell with the people.
Most political parties are full of corrupted people who only amass wealth without any accountability. There is no accountability for any negligence, wrong doing by the public servants.

Judiciary:
There are millions of facts substantiating that judiciary is also corrupt. Here also a judge can not removed from his job without referring the matter to a process which may take years (may be your life time) if at all is taken into account. In the history of so called Independent (they say that India got independence of looting the Public funds in 1947) India, only one judge of Kolkata High court was caught into the trapping of the system.
Bribing from Minister to Judges are accepted way of life. Media (electronic, print etc.) are full of facts showing the realities.
There is no voluntary help to get the justice by any system. One gets bled to death paying the hefty legal fees to the so called lawyers of India. Occasional help if any by the practicing lawyers are just like a drop in the desert of corruption. It is not the system.

The Statesman a English daily reported as follows:
Kolkata, Apr.11 (ANI): Country's oldest pending case regarding the royal estate of the erstwhile ruler Raja Raj Kishor Deb lodged in 1833 is yet to reopen in the Kolkata High Court. The case, which was filed even before the Calcutta High Court was set up 144 years ago, is still pending before the court with no sign of early disposal. A tax of one rupee per day is still being collected by the State government for the property.
See the pathetic state of judiciary?
From the bottom of totem pole to the top of the heap nobody is answerable to nobody. Even Members of Parliament (House of Commons) are bribed. And, in 2011 all the skeletons in the cupboards of these glorified titled public servants elected/selected are coming out in open that had been lying there for ages. Ministers murder people with immunity and only recently an act of group murder by the minister has come out in the open after 10 years.

Your Honor:

I am a NRI of more than 70 years old. Having aspired to set up an industry in West Bengal in 1982 I was jailed, tortured, and what not.

Since Indian system does not maintain a IT based data bank everything needs to be proven with paper, which you’re more than aware of can be fabricated for few rupees and or influence.

Kindly help me by taking suo motto actions:

Asking for kind action for the sake of humanity..

1. When no local glorified titled public servant took any remedial measures and not even had the courtesy of replying my letters, I filed a writ MAT NO. 3140 in 2003 and without going through the contents of the Writ filed under 226 of the Constirution of India, the writ was disposed of by Justice PInaki Chandra Ghose without showing any valid reason/s.Appeal W.P. 8826(W) of 2003 was disposed of by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri and the matter was referred to local public servant, District Magistrate and handed over to me on 20/8/2007. In my writ it was irrefutably proven that the Kalyani Municipality violated the provisions of IPC and whereas the local police politely indicated their helplessness in the matter, the lower court took remedial measures, the way it should be. I'm quite aware of the realities in West Bengal and also aware of the law that judges(in line with the practiced unaccountability in Administarion) are not legally liable for accountability.

2. Judgement in my opnion, should be clear and explicit like in many civilzed countries and the aggrieved individual by the the State Administration (in civilized countries in my experience hardly any, but if there are) always are looked after by the justices. Why the matter was referred to District Magistrate when in the first place as substantiated and irrefutably proven in my writ that no local glorified titled public servant, DM, SDO, Transportation Department, Environmental Protection, etc., did give a damn about my complaints which was also published in the daily English News paper from Kolkata. DM, Nadia informally intimated that he can do nothing about it.

3. To my experience and to the experience of Millions of the world, Indian public service hardly provide any service to the public, excepting the Indian VIPs and their stooges.

Asking for kind action for the sake of humanity..

4. So, nothing had happened. Criminal activities/illegality, as irrefutably substantiated in my above writ along with video photography (sent to the Chief Justice Hon'ble Nijjar by registered post) as it appears to the world is imbibed in local society and continues unabated. Indian press is full of it and it transpires to all, that the definition of democracy in India, as I have read in the press, including the statements of Supreme Court of India benches transpires to quote " for the criminals, by the criminals of the crimin......"(?)

5. You are quite aware of the judiciary system of the civilized world and their effectiveness.
6. Your Honor, I’ve not seen or heard that in civilized countries where there are no VIPs and what not as in India, Supreme Court of a country hears bail petitions as is done here. Nor does Supreme Court of High Court of a country entertain every petition from the proven/unproven criminals.

7. But, as witnessed by me in civilized world, higher/highest court of the country establishes the right of the common man.
8. As per laws of India, as I know, the existence of right is thus the foundation of a petition under Article 226 State or Orissa v Ram Chandra Dev, AIR 1964 SC 685, and for years rights of the residents of Kalyani have been violated with impunity. And as irrefutably proven in my above writ there are (exception I found one) no glorified titled public servants dare remedy the situation.

9. As stated to be local legal professionals (as they claim and have sucked millions from me),the next course open to me trying to get justice by the Inldian System is to file a contempt case and then proceed to Supreme Court. I am afraid, to my opinion based on the civilized democratic system enough is enough, and I don't have unaccounted assets like most locals to get it to the Supreme court of India to feed the local system.
Asking for kind action for the sake of humanity..

10. In the above judgment as in item 1, the judges of Kolkata High Court stated that, quote, "The municipality, however had changed their (can they! This was known to be Kalyani Notified Area Authority with a MASTER PLAN based on which land and public transport route was earmarked for each specific purpose and land was alloted) accordingly policy and was trying to allow commercial activities to be carried out near his residence" . This is just one point of the writ which the judges have rightlfully (wrongfully and perhaps intentionally) partially observed disposing the application without costs and evading the following points of the writ: (partially for the fact, I never mentioned near my residence, rather the whole Municipality of Kalyani).

In this context, may I politely mention that the Delhi High Court and Supreme Court of India got rid of immovable assets of Indian glorified titled Indian public servants and that of Indian Billionaires built at New Delhi. For your kind information Kalyani Municipality earlier known as Kalyani Notified Area Authority presumably under the Act of India with a Master Plan of the Notified Area Authority and was founded by Late Doctor (Medicine) Bidhan Chandra Roy.

Points of the writ evaded by the Kolkata High Court.

Quote: “Writ: MAT 3140 of 2003, and Appeal F.M.A no. 1040 of 2007-Kolkata High Court.

a. The judgment of above writ MAT 3140 of 2003 was rejected by Justice Pinaki Ghosh was rejected and appeal F.M.A. no. 1040 of 2007 was pushed to the District Magistrate by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07.


b. Right to live in peace

Judgments did not take into consideration of the safety and peaceful living of NRI Aurovindo Choudhury as was evident on the writ petition item 3, 4, 5,6,7,8,9,10. and did not order any protection to the applicant or compensation for the sufferings and harassment to the petitioner. No Protection was provided to the petitioner.

c. Environmental pollution and malpractices to create Environmental hazards by the Kalyani Municipality.
Item 12, 13, 14, 15,16 are clear intentional violation of the above acts and many other criminal acts.

d. Arbitrary changing of Master Plan in line with local practice, presumably for money.

Item 17,18 are clear examples. In this context the petitioner’s observation is that Supreme Court of India has ordered that no master plan can be changed..

Locals of India in one pretext or other in the days past, even by extortions openly committed have sucked millions from me. Your Honor I had worked for a living and don’t have any ill got money as rampant in India. I survive only on pension from Canada.
May I request you to please intervene and provide justice? Please allow me to provide a quote from Indian Law Books, quote "power under article 226 is designed to effectuate the law to enforce the rule of law and to ensure that several authorities and organs of the state act in accordance with law. Union of India v Kirloskar Pneumatic Co. Ltd., (1196) 4SCC 453: AIR 1996 SC 3285.

With humbleness I quote another quote from Indian Law Books, quote "No one should be allowed to suffer for act of court State of M.P. v M.V. Vyasaya & Co., (1997) 1 SCC 156: AIR 1997 SC 993.


Just a kind reminder from a quote of Indian Law Books, quote "Writ application is a public law remedy".

I pray to God that justice prevails in India particularly to me and I request you to be God sent messiah in this instance.

Asking for kind action for the sake of humanity..

With kindest regards and salutations,

Yours truly,
Engr. Aurovindo Choudhury, C.Eng., FIE for life,(India, Bangladesh), VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US),MCIMM, MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec with jurisdiction of all the countries of the world, a grandson of the Her Excellency Shri Shri Ma Anandamoyee.

Address: B-6/108 Central Ave., West, Kalyani 741235, WB, India.

Email: ceaurovindo@yahoo.ca

In India Tel: (033)64153255.
Attach: Copy of Judgment of the Kolkata High Coourt.
March 30, 2009
Copy not on original to: Chief Minister, West Bengal,India,

With requests: 1. either make a state case file it to the Supreme Court under article 32 of the Constitution of India. 2. As substantiated in my Writ, undo all wrong/criminal doings by the Kalyani Municipality, since the imposition of CPI(M) rules in the Municipality. 3. Or help me to fight out at the Supreme Court of India. And, 4. Initiate a CBI investigation about all unethical and illegal/criminal activities indulged by the Kalyani Municipality. Like the Governments in India, as per observation of Supreme Court ruling has lost all accountability, and judges as such enjoy the unaccountability protection by law so far. As per the local practice as known to the world, in general (exceptions are yet to be found in CPI(M) WB) judges in High Court, Kolkata can not afford to give a ruling against the West Bengal Government or Government bodies in West Bengal. Let the people suffer like the rest of scenario in WB. Regards,
Hon’ble, Chief Justice,
Kolkata High Court,
Kolkata, India.

Videographic presentation was sent to you by Registered post.

Right to information (valid and logical) and if required to reopen the case to establish the right of common men.

Dear Hon’ble Mr Chief Justice:

Sub: Indian judiciary and their associates particularly in this case Kolkata High Court is sending me in circles, as it appears to the world and to me, that justice is only for the people who can afford to spend billions in spite of heinous crimes.

Your Honor:,

I am a NRI of more than 70 years old. Having aspired to set up an industry in West Bengal in 1982 I was jailed, tortured, and what not.

Since Indian system does not maintain a IT based data bank everything needs to be proven with paper, which you’re more than aware of can be fabricated for few rupees and or influence.

Please help me in the following circular affair:

1. When no local glorified titled public servant took any remedial measures and not even had the courtesy of replying my letters, I filed a writ MAT NO. 3140 in 2003 and without going through the contents of the Writ filed under 226 of the Constirution of India, the writ was disposed of by Justice PInaki Chandra Ghose without showing any valid reason/s.Appeal W.P. 8826(W) of 2003 was disposed of by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri and the matter was referred to local public servant, District Magistrate and handed over to me on 20/8/2007.

2. Why the matter was referred to District Magistrate when in the first place as substantiated in my writ that no local glorified titled public servant, DM, SDO, Transportation Department, Environmental Protection, etc., did give a damn about my complaints which was also published in the daily English News paper from Kolkata. DM, Nadia informally intimated that he can do nothing about it.

3. To my experience and to the experience of thousands of the world Indian public service hardly provide any service to the public, excepting the Indian VIPs and their stooges.

4. So, nothing had happened. Criminal activities/illegality, as substantiated and irrefutably proven, in my above writ along with video photography as it appears to the world and to me is imbibed in local society and continues unabated.

5. You are quite aware of the judiciary system of the civilized world and their effectiveness.

6. Your Honor, I’ve not seen or heard that in civilized countries where there are no VIPs and what not as in India, Supreme Court of a country hears bail petitions as is done here. Nor does Supreme Court of High Court of a country entertain every petition from the proven/unproven criminals.

7. But, as witnessed by me in civilized world, higher/highest court of the country establishes the right of the common man.

8. The existence of right is thus the foundation of a petition under Article 226 State or Orissa v Ram Chandra Dev, AIR 1964 SC 685, and rights of the reident of Kalyani have been violated with impunity.

9. The next course opened to me for getting justice by the Indian System is to file a contempt case and then proceed to Supreme Court. I am afraid, to my opinion based on the civilized democratic system enough is enough, and I don't have unaccounted assets like most locals to get it to the Supreme court of India. I’ve to slog to earn a living and don’t have assets disproportionate to earning a very much accepted practice locally in India.

Already, locals of India have sucked millions from me in one name or the other. Your Honor I had worked for a living and don’t have any ill got money as rampant in India. I survive only on pension from Canada.
May I request you to please intervene and provide justice. Please provide information that is logical to anybody, not just "judicial independence".
Following is provided to you for your ready reference.

Quote: “Writ: MAT 3140 of 2003, and Appeal F.M.A no. 1040 of 2007
1. The judgment of above writ MAT 3140 of 2003 was rejected by Justice Pinaki Ghosh was rejected and appeal F.M.A. no. 1040 of 2007 was pushed to the District Magistrate by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07.
2. Right to live in peace
2(a) Both judgments did not take into consideration of the safety and peaceful living of NRI Aurovindo Choudhury as was evident on the writ petition item 3, 4, 5,6,7,8,9,10. and did not order any protection to the applicant or compensation for the sufferings and harassment to the petitioner. No Protection was provided to the petitioner.

3. Environmental pollution and malpractices to create Environmental hazards by the Kalyani Municipality.
3(a) Item 12, 13, 14, 15,16 are clear intentional violation of the above acts and many other criminal acts.


Arbitrary changing of Master Plan in line with local practice, presumably for money.
4(a) Item 17,18 are clear examples. In this context the petitioner’s observation is that Supreme Court of India has ordered that no master plan can be changed.. (But Calcutta High Court it appears from their ruling is at liberty to do whatever they like).

Petitioner’s comments:

(a) Don’t the Judges of the High Court go through the petitions put before them for judgment?

(b) Why the same was thrown back to the District Magistrate, Nadia when District Magistrate Nadia took no remedial action as is evident in item 15 of the writ petition. In the petitioner’s view even the highest judiciary of the state are in the game of throwing ball back making endless suffering to the people.
Petitioner:
a) 70 year old NRI.

b) Appeal F.M.A. no. 1040 of 2007 was pushed to the District Magistrate by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07, the petitioner was out of the country.” And, like most public servants here the DM cut a very sorry figure. Are not the judges to give judgments/ruling or pass the buck to the other public servants, Babus in all kinds of local glorified titles
Unquote, a quote, "power under article 226 is designed to effectuate the law to enforce the rule of law and to ensure that several authorities and organs of the state act in accordance with law. Union of India v Kirloskar Pneumatic Co. Ltd., (1196) 4SCC 453: AIR 1996 SC 3285.

Another quote "No one should be allowed to suffer for act of court State of M.P. v M.V. Vyasaya & Co., (1997) 1 SCC 156: AIR 1997 SC 993. Another quote "Writ application is a public law remedy".
I pray to God that justice prevails in India particularly to me.
With kindest regards and salutations,

Yours truly,
Engr. Aurovindo Choudhury, C.Eng., FIE for life,(India, Bangladesh), VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US),MCIMM, MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec with jurisdiction of all the countries of the world, a grandson of the Her Excellency Shri Shri Ma Anandamoyee.

Email: ceaurovindo@yahoo.ca Tel: (033)64153255.


ALSO PLEASE SEE:http://india-aurovindo.blogspot.com/

IN LINE WITH USUAL LOCAL SCENARIO NOBODY SO FAR CARED TO REPLY. THAT'S ABOUT THE RIGHT TO INFORMATION ACT OF INDIA AND RIGHTS OF COMMON PEOPLE WHO ARE NOT INDIAN GLORIFIED TITLED PUBLIC SERVANTS(ELECTED/APPOINTED) COMMONLY KNOWN AS VIP, VVIPS AND GAZETTED AND WHAT NOT?
HERE IS A LETTER TO THE GOVERNOR, WEST BENGAL, INDIA. SELF EXPLANATORY
..May 26, 2009

Governor Hon'ble Gopal Krishna Gandhi,
West Bengal, India.
Mr. Chief Minister Buddhadev Bhattacharya’s “do it now”,is it development of “goon squad” supported by public servants, in West Bengal ?
1. In 1982 without realizing the realities in West Bengal, I was told by the then OC of Kalyani Police Station, “you don’t know how to please us”. My answer was you’re public servant why do I have to please you, to the contrary, it is your job to see that I am in peace. Little did I realize that peace converted to pieces? And by the grace of then still left few human beings I was let free by the then Calcutta High Court.

By this time, in addition to have a manufacturing unit started (thank God it did not see the light of the day) I had conflicted damages upon myself having built a house at Kalyani on a land allocated (not by bribes or the generally present practiced ways) land in Residential Area.

2. For the fact my advocate had been going around the Registrar/Sub-registrar’s work place and not the get my job done, (advocate's name not provided for obvious reasons) on May 26, 2009 I was dragged by my local advocate to the local Registrar’s/Sub-registrar’s office thinking that the Registrar/Sub-Registrar will have some kind of humanity in him and get the job done. I wanted to have a “Deed of Trust” registered and it was written exactly in line with the deed registered by above glorified titled clerk (in my experience as stated hereafter, to say it most dignified way). I'm told that this Registrar/Sub-Registrar's name is Abhijit Bose/Basu.

3. On introduction to myself this fellow(Registrar/Sub-Registrar) did not convey “namaskar” or salutations even found me below his dignity (to my experience, like the local glorified titled criminals don’t have any) to shake hands with me. I am only 71 years young. Let alone offering me a chair to sit down.

4. For the fact this glorified titled clerk has a guaranteed pay cheque even on my “please”, he had the audacity to state it on my face, I am not here to hear you. And he hided somewhere where my advocate was pleading with him to get the job done. I overheard telling to my advocate “you are getting paid, what am I getting”.

5. For the fact my advocate knows me for the last twenty years he kept quiet. And we both left the office.
6. In civilized countries that I opted to live for the last 40 odd years, such kind of public servants would not stick to their chair even for an hour, dismissed from the job right away,if not criminally charged.
7. Again, to my experience, although I was a public servant in era of late Dr. Bidhan Chandra Roy, I never saw such behavior of public servants in those days.
8. While, the above sub-registrar’s/registrar’s office was glittered all sounding big names and empty counters, above situation made me to do a survey and understanding of functioning of this glorified titled clerk’s office.
My findings are: he has “goon squad” loitering his work place who get the job done by extortion of which this glorified titled clerk named Registrar/Sub-registrar, takes a lion share.
9. My experience in the present and past, did not make me to waste any time to go to the local police station for the fact it will be futile exercise, for the fact most are sailing on the same boat. All Chormen, all glorified titled public servants (so called elected or appointed) what not. I had found exceptions, not these days.
Does anybody can show this glorified titled clerk Kalyani Registrat/Sub-Registrar, show the door?

Respectfully submitted on the authority vested on me by the concerned Government/s and this be treated as required, as an affidavit/FIR whatever suits to you and your administration.
Engr. Aurovindo Choudhury, C.Eng., FIE for life,(India, Bangladesh), VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US),MCIMM, MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec with jurisdiction of all the countries of the world, and a grandson of Her Holiness Shri Shri Maa Anandamoyee.
Tel: 64153255 .
Email: ceaurovindo@yahoo.ca

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