Attack on Whistle Blower/Star Prosecution Witness by accused former Haryana Cabinet Minister; for exposing Bogus Voter Scam and registering FIRs in connection with scam.

DATED: 13.11.2015

To,

1.    Chief Minister, Haryana,

2.    The Director General, Haryana Police

3.    I.G., Gurgaon Range

4.    Commissioner of Police, Gurgaon,

Subject: Attack on Whistle Blower/Star Prosecution Witness by accused former Haryana Cabinet Minister; for exposing Bogus Voter Scam and registering FIRs in connection with scam.

           

Respected Sir,

I have received a telephonic call from my client Om Parkash Kataria resident of # 402, SECTOR 12-A, GURGAON, informing me that the Former Haryana Cabinet Minister (a prime-accused in more than 29 FIRs relating to bogus voter scam) along with his BHANJA, physically attacked and threatened him; for which my client had to be admitted in Hospital; where he is undergoing treatment.  
My client has instructed me to serve this Legal Notice upon you for failure of the State to protect a whistle-blower; who is Star Prosecution Witness in about more than about 400 cases relating to massive Fake Voter Scam involving more than 30,000 bogus votes in Gurgaon Constituency. The former powerful State Cabinet Minister is the prime-accused in more than 400 pending cases, for commission of offences hampering the growth of a health democracy, by polluting the fair election process by means of creating more than 30000 (thirty thousand) bogus votes; with the aid of large scale impersonation, massive fabrication and forgery of documents, in conspiracy with the concerned officials of the election department, with the ultimate aim of hijacking the democracy, in which he succeeded by winning the 2009 Haryana Assembly Elections, as an independent candidate and later became cabinet minister. 

Though, I am given to understand that the Gurgaon Police has registered FIR No. 718, Dated 12.02.2015, U/s 323, 506, 34 IPC, but this is not  sufficient to instill faith of common man in the Police. It is worth emphasizing that, so far, not even in a single case the accused minister has been arrested by the SIT formed to investigate the scam, rather the accused managed to get the privilege of anticipatory-bail in all cases, and continues to enjoy the privilege of Anticipatory Bail despite repeated violations of the conditions of Bail, including threat to prosecution witnesses, inducement to prosecution witnesses and co-accused, non-appearance before the Investigation Agency despite directions of the High Court and Sessions Judge etc. . It is very worthwhile to mention here that on earlier numerous occasions my client through his numerous representations kept-on informing the police about threat and attack on him and his family members; but neither the police took any action on those representations nor sought cancellation of Anticipatory Bail on the ground of violating the conditions of Bail. As per my client, it appears that the State/Police is hand-in-glove with the accused in getting the concession of Anticipatory Bail to the accused and putting the investigation in stand-still position. Such a situation reflects a systematic subversion and erosion of the rule of law. 

Be that as it may, keeping in view the aforesaid facts and circumstances, I, on  behalf of my client, call upon you take the following measures to instill the faith of witnesses in the state: - 

(i)    Please ensure, forthwith, the safety and security of Prosecution-witnesses; including my client Mr. Omparkash Kataria. 

(ii)      Please file a Petition before the competent court seeking cancellation of Anticipatory Bail granted to Sukhbir Kataria, in all cases; on the ground of violating the conditions of Bail. 

(iii)    Please expedite the stand-still investigation of all cases against the accused involved in the numerous cases of bogus voter scam in Gurgaon constituency. 

           Please take note that any inaction and laxity in the matter will compel my client Omparkash to seek appropriate legal action against the concerned officers, for helping the accused; by illegal means of indulging in shoddy investigation.

                     p.k. rapria

        (PARDEEP KUMAR RAPRIA)

                                                              ADVOCATE FOR:

        MR. OMPARKASH

        INFORMANT/ PROSECUTION WITNESS

                                                       DATED: 13.11.2015