Saturday, August 5

Dismissed as Withdrawn; The Other Side of Justice

Yesterday, before J. Rajan Gupta, the below mentioned petition was 'Dismissed as Withdrawn' by me with liberty to pursue my representations before the concerned authorities'. My limited prayer in the Petition was: 

         "CIVIL WRIT PETITION under article 226/227 of the Constitution of India for issuing a writ in the nature of mandamus directing the Respondent No.1 to 3 to obey the directions of the Law declared under Article 141 of the Constitution, by Five Judge Constitution Bench of the Hon’ble Supreme Court in WRIT PETITION (CRIMINAL) NO. 68 OF 2008 (ANNEXURE P-1) by taking the requisite action on the written information of cognizable offences, vide representation dated: 18.07.2017 (ANNEXURE P-12) to the Respondent No. 1, i.e., Chief Secretary, Vigilance Department..."

The petition only sought the implementation of the law declared by Supreme Court. I wonder, what was the necessity to withdraw the petition? Why could not I stick to my prayer to implement the law declared by Supreme Court, which is binding even on High Court, in terms of the Article 141 of the Constitution of India? Can a Judge impose cost for seeking enforcement of the law declared by Supreme Court? Can a High Court permit to withdraw a petition; which is reference to the implementation of the Supreme Court Guidelines for containing the corruption? The petition is self-explanatory of state of the sorry state of affairs in India. 

The Order passed by High Court reads:



Though, the order may serve the intended purpose of my client, i.e., registration of FIR against the corrupt. But, for me the larger questions are: Is this Justice? Who are hurdles in implementation of the plethora of laws to contain corruption? And crying question is:  How to survive in the profession of Law?

    Without making further comment or without elaborating the reasons for withdrawal, I leave it to the reader to guess or infer the reasons from the below mentioned petition. By speaking further, I cant afford to face Contempt of Court which will make my survival difficult in the law profession. This is The Other Side of Justice.


CIVIL WRIT PETITION

"SYNOPSIS
‘CASH FOR VOTE’ or ‘BRIBE FOR VOTE’ in a democracy is equal to the Democracy for Sale/Auction and the present petition seeks investigation into the prima-facie offence of the rampant corruption and money laundering in the process of election and no-confidence motion for the post of President of the urban democratic unit of the local Self Government. The blatant corruption appears to be defeating the avowed object of the Constitution 74th Amendment Act, 1992.
       In brief, the current President Municipal Committee, District-Panipat, appears before the Public gathering and openly confesses; orally as well as through Affidavit; that his successful election for the post of President was actuated by the huge bribe money paid to the Local MLA and Municipal Counsellors(MCs) and he produces audio recordings to the effect that now again some MCs are demanding Rs.25/- lakhs to each MC for restraining themselves from bringing no-confidence motion against him. The audio-video clips supported with the documentary evidence prima-facie establish the conspiracy of corruption and money laundering. The demand of bribe money by the Municipal Counsellors; heard in the audio-CDs; by threatening to bring no-confidence motion is so blatant and outrageous that a person feels as if the Democracy is for Sale/Auction.
The Petitioner being statutorily bound to give information of offences of corruption and money laundering in terms of the Section – 39 Cr.P.C. coupled with the Fundamental Duties envisaged in the Article 51A of the Constitution, through series of representations to the Respondents provided written information about the commission of offences of corruption and money laundering to the concerned authorities, but all in vain. While dealing with the representations of the Petitioner the Respondents have failed to obey the conclusive directions of Law declared by the 5 Judge Constitution Bench of the Hon’ble Supreme Court in Lalita Kumari Vs. Govt. of U.P., Writ Petition (Criminal) No. 68 OF 2008.

Time has come when the problem of corruption needs to be analyzed in the context of its potential implications for Fundamental Rights and Human Rights. Corruption not only poses a significant danger to the quality of governance, but also threatens in an accelerated manner the very foundation of India's democracy, rule of law and statehood.

Hence, the Petitioner left with no alternative and equally efficacious legal remedy; is constrained to approach this Hon’ble Court under Article 226 of the Constitution, seeking investigation into the serious offences of the corruption and money laundering and ancilliary relief.

DATED: 24.07.2017  (PARDEEP KUMAR RAPRIA)
PLACE: CHANDIGARH           ADVOCATE

 LIST OF DATES & EVENTS
*********   The Petitioner is the Whistle Blower/RTI Activists, who has exposed the corruption, maladministration and irregularities, including the exposure of MGNREGS Scam in Haryana, in which Haryana Lokayukta, has recently recommended criminal action against 4(four) I.A.S. Officers. Further, the Petitioner through a CWP-253-2008 had got directions of this Hon’ble Court into the scam of allotment of plots to the industrial workers.

Article 51A   The Article 51A of the Constitution was added by the Constitution (Forty-second Amendment Act, 1976, envisaging certain duties, which are correlated to the rights, and those duties have been described as Fundamental Duties. The Fundamental Duties act as the foundation of human dignity and national character. Inclusion of this Article has brought our Constitution in line with Article 29(1) of the Universal Declaration of Human Rights which provides that: “Everyone has duties to the community in which alone the free and full development of the personality is possible.”
In the context of the ‘Fundamental Duties’ A Whistleblower/Activist plays a critical role in maintaining the moral solvency of the society, in as much as he typically exposes information about corruption and other related illegalities, human rights abuses, corporate frauds etc. and guides public discourse on issues which were hitherto kept from the public. The activists act as a major check on the Executive and in their absence a democracy runs the risk of being reduced to an Orwellian Society, with no hopes of redemption.
Section 39
Cr.P.C.         The Section-39 Cr.P.C. is in line with the Article 51A of the Constitution, which obligates that every person aware of the commission of certain offences and intention to commit such offence is bound to give such information to the Police; and failure to given such information is an offence. Tthe burden of proving the reasonable cause for not providing such information ‘shall lie upon the person so aware’
Therefore, the Section-39 Cr.P.C. read with the Fundamental Duties under Article 51A of the Constitution of India make every citizen a victim of crime and therefore an equal partner and interested party in criminal justice administration. The Honourable Supreme Court in Dr. Subramanian Swamy //Versus// Dr. Manmohan Singh and another, CIVIL APPEAL NO. 1193   OF 2012 declared the law under Article 141 of the Constitution which reads:-
“It is a well recognised principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The scheme of the Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus-standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complainant, by necessary implication the general principle gets excluded by such statutory provision.”

12.11.2013   That the five judge Constitution bench of the Hon’ble Supreme Court in  Lalita Kumari Vs. Govt. of U.P.(Writ Petition (Criminal) No. 68 OF 2008) settled the long pending controversy related to the issue of mandatory registration of FIR and gave decisive directions to the effect that if the information provided to the Police discloses cognizable offence; the Officer-in-Charge of the Police Station is legally duty bound to register FIR; failing which the action is required to be taken against the erring Police Officer. And, if the cognizable offence is not made out from the information provided to Police; the informant is immediately required to be informed to the effect. The true copy of  the judgement containing directions of the Five Judge Constitution Bench of the Hon’ble Supreme Court in Writ Petition (Criminal) No. 68 OF 2008 is annexed herewith as ANNEXURE P-1.

13.06.2016   The election for the post of President, Municipal Committee, Samalakha was conducted and one Sh. Ashok Kuchhal was elected as President. The Petitioner became aware of the ‘Cash for Vote’ and the issued statement to the media about the corruption and sale of votes by the Municipal Counsellors in collusion with the local MLA, for electing Ashok Kuchhal as a President, Municipal Committee, Samalkha. However, due to lack of substantive evidence the matter could not be pursued with the concerned authorities. In this regard, the true translated/copy of the news story dated: 16.06.2016 published in Punjab Kesari is annexed herewith as ANNEXURE P-2.

19.06.2017   The audio clips dated: 19/06/2017 and 21/06/2017 of the demand of bribe by the Municipal Counsellors (M.C.), i.e., of Rs.25 Lakhs for each M.C., for forbearing them from bringing no-confidence motion against the present President went viral on social media and media prominently highlighted the issue. The demand of bribe by MCs in such a blatant manner is so outrageous that a person feels as if the Democracy is for Sale/Auction. The true transcription along with the complete audio clips in the way of CD is annexed herewith as ANNEXURE P-3.  

20.06.2017   Mr. Ashok Kuchhal, present President, Municipal Committee, Samalkha, appears to be so tormented and fed-up with the continuous demand of the bribe for maintaining his position as a President that he appeared before the agitating public and made a written statement dated:20.06.2017,in his own handwriting, on his Letter Pad; wherein he accepts that Mr. Ravinder Machhrouli, M.L.A., Samalkha Constituency; by receiving huge bribe money from him; was instrumental in bribing the Municipal Counsellors for ensuring the vote in the support of his candidature as a President of the Municipal Committee. The true translated/true copy of the statement in his own handwriting dated: 20.06.2017 on the Letter Pad of the current President is attached with this letter as ANNEXURE – 4.

21.06.2017   When the public was not satisfied with the aforesaid statement of the current President in his own handwriting, Mr. Ashok Kuchhal, present President made statement dated:21.06.2017 on oath in the way of notarized Affidavit, wherein he accepts that Mr. Ravinder Machhrouli, M.L.A., Samalakha Constituency by receiving huge bribe money from him; was instrumental in bribing the Municipal Counsellors for ensuring the vote in the support of his candidature as a President of the Municipal Committee. The true copy of the Affidavit dated: 21.06.2017 of Mr. Ashok Kuchhal, present President is attached as ANNEXURE P-5.

22.06.2017   On 22.06.2017 all Municipal Counsellors gave Affidavit to the Deputy Commissioner, Panipat, for bringing no-confidence motion against Mr. Ashok Kuchhal, the current President, Municipal Committee, Samalakha. On the basis of the enumerated facts and circumstances; it appears that all the MCs had decided to bring no-confidence motion in pursuance to the conspiracy hatched by Mr. Ravinder Machhrauli, MLA and other MCs seeking bribe/Cash for Vote.

22.06.2017   On the basis of the aforesaid facts and circumstances and while keeping in view his duty envisaged under Article 51A of the Constitution read with Section-39 Cr.P.C., the Petitioner through Speed Post provided written information about corruption in the office of the Municipal Committee to the concerned Officer in-Charge of the Police Station and other concerned authorities including Chief Minister, DGP Haryana, S.P. Panipat, DSP Samalakha etc. and requested to register FIR and get investigated the cognizable offences of the corruption. The true copy of the representations dated:22.06.2017 are annexed herewith as ANNEXURE P-6 (COLLY)

25.06.2017   On such blatant corruption, there was a public hue and cry. Tormented by the public hue and cry Mr. Ashok Kuchhal, present President made public statement on mike before the Public Meeting/gathering and electronic media at Dhiman Dharmshala at Samalakha and accepted the fact of demand and payment of bribe for continuing him on the post of President of the Municipal Committee. The true transcription dated: 25.06.2016 of the Video C.D. of the President is attached with as ANNEXURE P-7.

27.06.2017   Mr. Ashok Kuchhal, President, Municipal Committee, Samalkha, through a representation dated: 27.06.2017 to the Superintendent of Police, Panipat, informed him that in the public gathering of hundreds and hundreds persons he had disclosed the fact of demand and acceptance of huge bribe money from him; which is duly recorded in the audio clips, and therefore in view of the threats from the vested interests; he sought investigation of the matter and also prayed for the safety of his family. The true translated copy of the representation dated 27.06.2017 is annexed herewith as ANNEXURE P-8

28.06.2017   Mr. Ashok Kuchhal, President, Municipal Committee, Samalkha, issued a written Press Statement on his Letter Pad; wherein he apprised the media persons that he had revealed the huge corruption in the Municipal Committee, due which the vested interests were pressurising him by registering false cases against him. The true translated copy of the Press Statement is annexed herewith as ANNEXURE P-9

10.07.2017   Sh. Ashok Kuchhal, President, Municipal Committee, Samalkha, in a Live TV Debate on Haryana News Channel, at 01:00 P.M., disclosed that Sh. Ravinder Machhrouli, MLA, Samalkha constituency called him and demanded Rs.40/- Lakhs as he had bought a car and Rs. 5 to 7 Lakhs were required to be paid to the MCs; who were annoyed with President. Further, Mr. Ashok Disclosed on live TV that on his inability to pay Rs. 40/- Lakhs the aforesaid MLA told the President to sit at home as his competitor Ramesh Aggarwal; the father in law of Nidhi Mittal, MC; had already given him Rs. 2(two) Crores for getting elected Nidhi Mittal as the President of Samalkha, Municipal Committee. And, subsequently, the aforesaid MLA got procured Affidavits of all MCs for bringing no-confidence motion against him. Mr. Ashok Kuchhal also disclosed to the Live News Channel that last year also the aforesaid MLA had taken the amount in crores for getting elected him the President of Municipal Committee. The true translated transcription of the Live Debate dated: 10.07.2017 on Haryana News, along with true Video CD is annexed herewith as ANNEXURE P-10

17.07.2017   When no FIR was registered by the concerned SHO on the written information of cognizable offences of corruption; the Petitioner wrote to the Superintendent of Police in terms of the Section 154(3) Cr.P.C. and requested to direct the SHO to register FIR on his written information of cognizable offences of corruption. The true translated copy of the representation dated: 17.07.2017 is annexed herewith as ANNEXURE P-11.

18.07.2017   The Petitioner became aware of the fact that as per as per the ‘Haryana Vigilance Manual’ the written information about corruption was required to be supported with Affidavit and be provided to the Vigilance Department Haryana. Further, it was revealed to the Petitioner that the Scheduled Offences under Section-3 of the Prevention of Money Laundering Act;  specified under Part-A of Schedule to the Prevention of Money Laundering Act, 2002, had also been committed. Therefore, the Petitioner vide detailed representation dated: 18.07.2017, supported with Affidavit, provided information of cognizable offences of corruption and money laundering to the Chief Secretary, Vigilance Department, Haryana and the Director General, Directorate of Enforcement and requested to register FIR and investigate the offences in terms of the Haryana Vigilance Manual and the Prevention of Money Laundering Act. The true copy of the representation dated: 18.07.2017 is annexed herewith as ANNEXURE P-12.

19.07.2017   The Petitioner through a representation dated: 19.07.2017 requested the Principal Secretary, Govt. of Haryana; Urban Local Bodies, to declare the Municipal Committee, Samalkha, dissolved, for incompetency of the M.C.s/President actuated by the ‘Democracy for Sale/Auction’; by rampant corruption. The true copy of the representation dated: 19.07.2017 is annexed herewith as ANNEXURE P-13.

24.07.2017   Hence, after approaching all the concerned authorities the Petitioner is left with no alternative and equally efficacious legal remedy for getting resolved his grievances against the corruption. Therefore, the Petitioner is constrained to approach this Honourable Court under Article 226 of the Constitution of India.

DATED: 24.07.2017      (PARDEEP KUMAR RAPRIA)
PLACE: CHANDIGARH                ADVOCATE

IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
(CIVIL WRIT JURISDICTION)
CWP No. _____ of 2017
IN THE MATTER OF:
P.P. KAPOOR S/o Sh. Bilas Raj Kapoor, aged about 56 years, resident of H.No. 429, Ward No.2, Sangam Colony,Samalkha, District – Panipat, Haryana.
.......Petitioner
//VERSUS//
1. VIGILANCE DEPARTMENT, HARYANA
Through Chief Secretary to Govt. of Haryana,
4th Floor, Haryana Civil Secretariat,
Sector – 1, Chandigarh.

2. SUPERINTENDENT OF POLICE,
District – Panipat (Haryana)

3. OFFICER IN CHARGE POLICE STATION-cum-S.H.O.; Police Station – Samalkha, District – Panipat (Haryana)        ………Respondents
CHANDIGARH            (PARDEEP KUMAR RAPRIA)
DATED: ­­31.07.2017                ADVOCATE
                                  COUNSEL FOR PETITIONER
                          


CIVIL WRIT PETITION under article 226/227 of the Constitution of India for issuing a writ in the nature of mandamus directing the Respondent No.1 to 3 to obey the directions of the Law declared under Article 141 of the Constitution, by Five Judge Constitution Bench of the Hon’ble Supreme Court in WRIT PETITION (CRIMINAL) NO. 68 OF 2008 (ANNEXURE P-1) by taking the requisite action on the written information of cognizable offences, vide representation dated: 18.07.2017 (ANNEXURE P-12) to the Respondent No. 1 and other material of prima-facie cognizable offences including the Media Story dated: 16.06.2016 (ANNEXURE P-2), Audio Clips Dated: 19/21.06.2017 (ANNEXURE P-3), the handwritten statement dated: 20.06.2017; on the Letter Pad of President, Municipal Committee Samalkha (ANNEXURE P-4), Affidavit dated: 21.06.2017 of the President, Municipal Committee Samalkha (ANNEXURE P-5), Petitioner’s representation dated: 22.06.2017 (ANNEXURE P-6) to the Respondent No.2, 3 and 6, Video Clipping Dated: 25.06.2017 (ANNEXURE P-7) of the President, Municipal Committee, Samalkha, written information dated: 27.06.2017 (ANNEXURE P-8) to the Respondent No.2, Press Statement Dated: 28.06.2017 (ANNEXURE P-9) by the President, Municipal Committee, Samalkha, Video Clipping of the Live T.V. Debate Dated: 10.07.2017 (ANNEXURE P-10), Petitioner’s representation dated: 17.07.2017 to the Respondent No.2 (ANNEXURE P-11)

Further, issue a writ in the nature of mandamus by issuing declaration to the effect that the ‘Right to Corrupt Free Governance’ is the Fundamental Right every citizen in terms of Article 21 of the Constitution of India.

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