5
March 19, 2014To,1). Hon. President of IndiaRashtrapati
BhavanNew Delhi 110004.2). Hon. Chief Justice OF IndiaHon. Supreme
Court of India Tilak Marg, New Delhi-110 001.3). Hon. Chief
JusticeHon. Bombay High CourtFort, Mumbai 400032.4). Director,
C.B.I, Room No. 114, North Block, New Delhi 110001.
5). CBI Joint Director - Zone-I Tanna House, Nathalal Pareekh
Marg, Colaba, Mumbai 400039.
Comlainant:Mrs. Mohini Naraindas Kamwani, 79 year old Senior
Citizen Widow of Freedom Fighter 101, Mauli Society, 1ST Floor, A
Wing, Plot No. 29C, Sector No. 4, Vashi, Navi Mumbai 400703
SUBJECT: 1) IMMEDIATE REGISTRATION OF CRIMINAL CASE BEFORE C. B.
I. AGAINST HON. JUSTICES MR. P.V. HARDAS AND MS. MRIDULA BHATKAR.2)
IMMEDIATE TRANSFER OF HON. JUSTICES MR. P.V. HARDAS AND MS. MRIDULA
BHATKAR OUT OF STATE DURING PENDENCY OF ENQUIRY. 3) FORWARDING
REFERENCE TO HONBLE SUPREME COURT FOR TAKING ACTION AGAINST HON.
JUSTICES MR. P.V. HARDAS AND MS. MRIDULA BHATKAR UNDER CONTEMPT OF
COURT ACT AS PER LAW LAID DOWN IN SPENCER & COMPANY LTD Vs-
VISHWADARSHAN DISTRIBUTORS PVT. LTD (1995) 1 SCC 259 FOR THEIR
WILLFUL DISREGARD AND DISOBEDIENCE OF LAW LAID DOWN BY HONBLE
SUPREME COURT.4) FORWARDING REFERENCE FOR IMPEACHMENT PROCEEDING
AGAINST HON. JUSTICES MR. P.V. HARDAS AND MS. MRIDULA BHATKAR FOR
THEIR PROVED MISBEHAVOUR, INCAPACITY ANDBIASED TREATMENT TO 79 YEAR
OLD SENIOR CITIZEN WIDOW OF FREEDOM FIGHTER PETITIONER AND ALSO
VIOLATING THE MANDATE OF ARTICLE 14 OF THE CONSTITUTION ABOUT
EQUALITY BEFORE LAW AND EQUAL PROTECTION OF THE LAW.Hon. Sirs,1. I,
the Petitioner Mohini Kamwani, am a Citizen of India and a law
abiding Citizen.
2. I AM A 79 YEAR OLD WIDOW OF FREEDOM FIGHTER WHO WAS
INCARCERATED WITH M.K. GANDHI IN 1942 QUIT INDIA MOVEMENT.
3. I had severed our relation Legally with my Married Daughter
Sumita Karani and her family in 2007 by giving them Legal Notice in
Vashi Times, because they had looted and cheated us and destroyed
us financially leading to Deaths of my Husband and Son and Suicide
by my 2nd Unmarried Daughter Gita in 2007.
4. But again from August 2010 to December 2010 my Grandson Manoj
Karani started Threatening us by coming to our house and Demanding
my Bank Account No. and Signatures to loot us again.
5. On 23.12-2010, we went to Vashi Police Station to file FIR
against Karani family, but Police asked us to give everything in
Writing. On 24-12-2010, we approached then Navi Mumbai Police
Commissioner Mr. Javed Ahmed who refused to take our complaint.
Then we went back to Vashi Police Station who only registered an
N.C.
6. As no action was taken against Karanis, I complained to
higher Authorities, but still no action was taken.
7. So I sat on Hunger Strike at Azad Maidan from 16-01-2012 to
24-01-2012.
8. On 25-01-2012 Vashi Police arrested me & my 2nd Son Dilip
Kamwani illegally and Jailed us for 4 days at Kalyan Jail in a
False Case that we were going to commit Suicide BECAUSE I HAD
COMPLAINED AGAINST POLICE TO HIGHER AUTHORITIES THAT POLICE WERE
NOT REGISTERING MY FIR AGAINST MY ACCUSED RELATIVES WHO WERE
THREATENING ME !!!
9. After getting out of Jail, on 07-05-2012 I filed a Criminal
Writ Petition no. 1857/2012 in Bombay High Court and that Hon.
Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar were the Presiding
Judges who delivered the Final Judgment Order on 13-6-2013.
10. I the Petitioner had filed Amendments in the said Crim.WP
1857/2012 and Prayed for Contempt proceedings against the Police
and proceedings for filing False Affidavits, Statements, Reports,
etc. in High Court and JMFC Vashi Court and doing Forgery and
Perjury, WHICH WERE PROVED BY NONE OTHER BUT HONEST JUDGE HON.
JUSTICE A.S. OKA AND WHO ALSO PASSED 2 CLEAR ORDERS DATED
20-11-2012 AND 23-11-2012 CLEARLY STATING FORGERY AND PERJURY BY
POLICE.11. That EVEN AFTER THESE 2 HC Orders, the Hon. Justices Mr.
P.V. Hardas and Ms. Mridula Bhatkar, neither allowed our Prayers
nor rejected it but Dismissed those Prayers without any Reason.
This is an Offence u/s 218, 201, 219 of IPC.
12. This is also an Offence under Contempt of Courts Act for Not
following guidelines of Hon. Supreme Court.
13. BRIEF FACTS OF MY CASE
(A). 79 year Petitioner Mohini Kamwani and her son Dilip Kamwani
aged 58 were Illegally Arrested and Incarcerated for 4 days at
Kalyan Jail on 25-1-2012, in Blatant Violations of D.K. Basu Vs.
State of Bengal 1997 SC Arrest Guidelines, in a False Case filed by
Vashi Police in a Criminal Conspiracy by 2 Vashi SPIs, DCP and Navi
Mumbai Police Commissioner, filing a False Affidavit in JMFC Vashi
Court that Petitioner Mohini Kamwani and her son were going to
Commit Suicide; because Mohini Kamwani had sent 100+ Complaints to
Higher Authorities from 2011 about Police Not registering her FIR
against her Accused relatives, Karanis, who were Threatening her
from August 2010 and Demanding her Bank a/c no. and Signatures to
Loot her AGAIN, even though Mohini Kamwani had Severed her Relation
Legally with her relatives since 2007 due to their Past atrocities,
Looting and Financial Destruction leading to the untimely Deaths of
Petitioners Husband, young 2nd son and Suicide by her 2nd unmarried
Daughter Gita in 2007.
(B). After coming out of Jail, Petitioner Mohini Kamwani filed a
Criminal Writ Petition No. 1857/2014 in Hon. Bombay High Court on
7-5-2012, annexing several Prima Facie Documentary Evidences as
Exhibits, including above Exhibit A, and other stating Criminal
Conspiracy by Police Protecting my Rich and Powerful Accused Karani
Family and Mohini Kamwani has clearly Prayed for the Suspension and
Prosecution of the Police.
(C). That the HONEST JUDGE Justice Shri Abahay S. Oka CAUGHT the
Police LYING in the False Affidavit dated 3-8-2012 filed by my
Accused Vashi SPI Raosaheb Sardesai and passed 2 Orders dated
20-11-2012 and 23-11-2012 Clearly stating The affidavit filed (by
SPI R. Sardesai) is totally unsatisfactory and directed that the
concerned officer (SPI R. Sardesai) to remain present on 23.11.2012
along with entire record. and Detecting Police FORGERY in Police
Station Diary entry No.26, stated We have perused the original
arrest form of the petitioner and her son. Prima facie, it appears
to us that endorsement that arrestees declined to sign the same has
been subsequently made as the handwriting appears to be different
than the handwriting in which various details have been filled in.
In any case, additional affidavit cannot be permitted to be filed
to fill up any lacuna. Hon. Justice A.S. Oka and S.S. Shinde also
stated in the said Order that Prima Facie case is made out by
Petitioners (us) that directions of the Honble Supreme Court in the
case of D. K. Basu Vs. State of West Bengal [(1997) 1 SCC 416] have
not been complied with.
(D). On 29-8-2012, Petitioner had filed a Rejoinder to SPI R.
Sardesais FALSE Affidavit, clearly stating that my complaint was
about Threats by Accused Karanis and NOT about Rs. 1.36 Crore, as
also FALSELY Alleged by Police Respondents, and that we were NOT
going to Commit Suicide.
(E). On 22-2-2013, my Accused 2nd Vashi Police SPI Laxman Kale,
AGAIN, filed 3rd False Affidavit, even after 2 above HC Orders; but
Hon. Justice P.V. Hardas, who was assigned our case from 11-2-2013
along with Hon. Justice Ms. Mridula Bhatkar, have Deliberately NOT
mentioned a word about the Falsity of this Police Affidavit, Nor
about the Criminal Conspiracy of DCP P. Purushottam Karad attaching
as Exhibit A in this False Affidavit a False Reply to Hon. Bombay
High Court on behalf of ADG Ahmed Javed, in the Final Judgment
Order dated 13-6-2013; even though Petitioner Mohini Kamwani
has:
(i). Added a Clear Prayer in Para 23 in her Amendment dated
27-2-2013 TO HON. JUSTICE P.V. HARDAS23. I request to Add/Amend
this in my Prayers as continuation Prayer (k) - Suspension and
Prosecution of Respondent No.1 Laxman Kale and Raosaheb Sardesai
and Respondent No.2, DCP Vashi Zone 1, for Lying and sending False
and Malafied Replies/Reports to Higher Authorities including to
Hon. Bombay High Court Registrar (Legal & Research) as Exh A in
PSI Laxman Kales Affidavit to this Hon. Court dated 22-02-2013
about Manoj Karani and family to Protect them and deny Justice to
me, a 79 year Sr. Citizen Widow Complainant and get me Arrested And
Jailed.
(ii). Repeatedly Added the same above mentioned Prayers in her
Rejoinder dated 1-3-2013 TO HON. JUSTICE P.V. HARDAS in Para 4-5
and also in Para 11 PRAYER/S: I am 79 today, I am awaiting Final
Judgment. Respondents are trying all the Dubious methods to Delay
my matter and submit False Sworn affidavits and False Replies to my
Submissions and go into the merits of the case by
submissions/arguments on MSHRC, NCW, my alleged claim of Rs. 1.36
Crore a Civil Matter, etc., EXCEPT THE SUBJECT MATTER OF MY
PETITION, which is our Illegal Detention and Arrest my sons
handcuffing. I also Humbly Pray, Your Lordships, pending Final
Judgment, to Suspend Respondent No.1 Laxman Kale and PSI Raosaheb
Sardesai and Respondent No.2, DCP Vashi Zone 1 and their
Prosecution as per my Prayers (a), (b), (e), (f), (i).
(iii). Added the same Prayers in her Amendment 3 dated 28-3-2013
TO HON. JUSTICE P.V. HARDAS Para 37, adding the Name of Respondent
No.3 Navi Mumbai Police Commissioner 37. Petitioners humbly
requests following Prayers to be Amended/Added: (s) Pending hearing
and final disposal we request this Hon. Court be pleased to direct
that officers of Respondents No.1 Vashi SPI Laxman Kale and Vashi
SPI Raosaheb Sradesai, Respondent No.2 DCP Zone I Navi Mumbai and
Respondent No.3 Navi Mumbai Commissioner of Police be suspended and
prosecuted for illegally detaining, arresting and seeking detention
order and Judicial Custody from the Learned Magistrate of Hon. JMFC
Vashi Court on False Sworn Affidavit/chargesheet/submissions.
(iv). Added the same Prayers in her Amendment 4 dated 30-3-2013
TO HON. JUSTICE P.V. HARDAS with stating that Respondent Police
officers have done Perjury, Forgery etc. and also in Para 43. Your
Lordships, we would like to humbly request the Learned APP through
this Hon. Court, and that we wish no offence to her/him, that along
with being the counsel for the Respondent Police officers, she/he
is also an officer of the court and a woman and a human being;
she/he should see the Truth and stop the Respondent Police officers
from filing any further False Sworn Affidavits to misguide this
Hon. Court and hamper our Justice delivery, and also as Respondent
Police officers have already done Perjury in my case by submitting
False Sworn Affidavits in Hon. JMFC Vashi Court which has been
Proved by the orders dated 20-11-2012 and 23-11-2012 of this Hon.
Court after thorough Perusal of the Station Diary/other Records by
the Hon. Court, and again False Affidavits filed by Respondents
Raosaheb Sardesai and Laxman Kale in this Hon. Court attaching
False Reports/Replies of Respondent No.2 DCP P. Karad as Exhibit,
who has been Lying since 2011
(F). On 13-6-2013, Hon. Justices Mr. P.V. Hardas and Ms. Mridula
Bhatkar gave us the Final Judgment Order ONLY awarding us a
Compensation of Rs. 3 Lac each, but No action of Prosecution or
Proceedings against the 4 Guilty Police Officers for their Criminal
Offences like filing False Affidavits, Cases, Statements, Contempt
of SC/HC/JMFC Vashi Court, as Prayed by us through various
Amendments, thus Protecting them from any Punishment.
14. In order to prosecute the said Judges Hon. Justices Mr. P.V.
Hardas and Ms. Mridula Bhatkar and to save the pure fountain of
justice from further pollution and also with a view to put lid on
arbitrary exercise of power by corrupt Judges of Higher Judiciary I
send complaint as my National duty and pious obligation as
enshrined in Article 51 (A) (h) of the Constitution of India.
15. Moreover in view of the law laid down in Ramlal vs- State
2001 Cri.L.J. 800 for registration of Criminal case against a High
Court Judge sanction is not necessary. In another case of Shri.
Shameet Mukharjee Vs- C.B.I. 2003 DRJ (70) 327, the corrupt High
Court Judge was arrested and detained to PCR for 12 days.
In the case of Ramanlal Vs- State 2001 Cri. L. J. 800, it has
been held that, the High Court Judge is liable to be prosecuted in
view of Sec. 120 (B) of I.P.C. if he supports the conspirators. It
has been held that,2001 Cri. L.J. 800A] Cri. P.C. Sec. 197 Sanction
for prosecution Accused are Additional High Court Judge,
Suprintendant of Police Sanjeev Bhatt and others The accused
hatched conspiracy to falsely implicate a shop owner in a case
under N.D.P.S. Act and when shop owner submitted to their demands
he was discharged Complaint u.s. 120-B, 195, 196, 342, 347, 357,
368, 388, 458, 482, I.P.c. and Sec. 17, 58 (1), (2) of NDPS Act
Held there is no connection between official duty and offence No
sanction is required for prosecution Registration of F.I.R. and
investigation legal and proper. B] Cri. P.C. Sec. 156 Investigation
against accused Addl. High Court Judge Whether prior consultation
with Chief Justice is necessary prior filling of F.I.R. against a
High Court Judge as has been laid down by Supreme Court in K.
Veerswamis case (1991) (3) SCC 655) Held In K. Veerswamis case
Supreme Court observed that the Judges are liable to be dealt with
just the same as any other person in respect of criminal offence
and only in offence regarding corruption the sanction for criminal
prosecution is required the directions issued by Honble Supreme
Court are not applicable in instant case.C] The applicant Ram Lal
Addl. High Court Judge hatched criminal conspiracy The Bar
Association submitted a representation to Honble Chief Justice of
India on 11-09-1997 requesting to not to confirm Raman Lal as Judge
of the High Court Later on he was transferred to Principal Judge of
city Civil and Sessions Court at Ahmedabad S.P. (C.I.D.) Jaipur
sent a questionnaire through the registrar, Gujrat High Court to
accused Addl. High Court Judge Chief Justice granted permission to
I.O. to interrogate Later on I.O. sent letter to applicant to
remain present before Chief Judicial Magistrate at the time of
filing the charge-sheet Applicant filed petition before High Court
challenging it Petition of applicant was rejected by High Court and
Supreme Court in limine No relief is required to be granted to
petitioner in view of the facts of the case.D] Conspiracy I.P.C .
Sec. 120 (B) --Apex Court made it clear that inference of
conspiracy has to be drawn on the basis of circumstantial evidence
only because it become difficult to get direct evidence on such
issue The offence can only be proved largely from the inference
drawn from act or illegal omission committed by them in furtherance
of a common design Once such a conspiracy is proved, act of one
conspirator become the act of the other A conspirator who joins
subsequently and commits overt acts in furtherance of the
conspiracy must also be held liable proceeding against accused can
not be quashed.E] Jurisdiction Continuing offence Held When
Complainants allegations are of stinking magnitude and the
authority which ought to have redressed it have closed its eyes and
not even tried to find out the real offender and the clues for
Illegal Arrest and harassment are not enquired then he can not be
let at the mercy of such law enforcing agencies who adopted an
entirely indifferent attitude Legal maxim Necessitas sub lege Non
contineture Quia Qua Quad Alias Non Est Lictum Necessitas facit
Lictum, Means necessity is not restrained by laws Since what
otherwise is not lawful necessity makes it lawful Proceeding proper
cannot be quashed. In present case learned Judges misused his power
to help the accused and tried to harass the complainant hence, he
is co-conspirator in the main crimes and therefore, liable to be
punished as per Section 120-B of Indian Penal Code. 16. MOREOVER
THE SERIOUS ALLEGATION OF THE COMPLAINT OF THE PETITIONER IS THAT
IT REQUIRES THOROUGH INVESTIGATION AT THE HANDS OF C.B.I. FOR
DISCLOSING THE COMPLETE CONSPIRACY IN THE MATTER.
17. It is worth to mention here that JMFC Vashi Learned
Magistrate, who was also one of the co-Conspirator of Police and my
Accused Relatives Karanis and who sent us to Judicial Custody for 3
days at Kalyan Jail, has been SUSPENDED by the Honble High Court,
AS WE COMPLAINED TO HON. SUPREME COURT AND HON. HIGH COURT AGAINST
HIM, along with others.
18. Apart from the details of allegations given in the complaint
the petitioner would like to bring to the notice of President of
India, Honble Chief Justice & C.B.I., the malafides, clear
illegalities and clear biasness on the part of Hon. Justices Mr.
P.V. Hardas and Ms. Mridula Bhatkar which are essential for the
charges under Section 218, 201, 219, etc. r/w 120B of I.P.C.
THE CRIMINAL MISCONDUCT & INCAPACITY OF HON. JUSTICES MR.
P.V. HARDAS AND MS. MRIDULA BHATKAR
19. CHARGE NO. 1 #I.P.C. 218, 201, 219, ETC. MISUSE OF POWER TO
SAVE THE ACCUSED.
THAT HON. JUSTICES MR. P.V. HARDAS SHOCKINGLY TOLD THE
PETITIONERS THAT THE POLICE HAVE NOT DONE ANY CONTEMPT OF HON.
BOMBAY HIGH COURT, THUS PROTECTING OUR 4 RESPONDENT POLICE
OFFICERS, when Petitioners son Humbly told the Hon. Court:(i). that
the Police have filed a False Affidavit under Oath in a False Case
in JMFC Vashi Court to OBTAIN a Favorable Order of Judicial Custody
for Petitioners;(ii). and also filed 2 False Affidavits in Hon.
Bombay High Court and Hon. Justices Shri A.S. Oka and Shri S.S.
Shinde have clearly stated in the Order dated 20-11-2012 The
affidavit filed (by SPI R. Sardesai) is totally unsatisfactory and
that the Order also states that the Prima Facie case is made out by
Petitioners that directions of the Honble Supreme Court in the case
of D. K. Basu Vs. State of West Bengal [(1997) 1 SCC 416] have not
been complied with;(iii). That the Police have also done Forgery in
Police Station Diary entry No. 26 which was Caught by None other
but Hon. Justices Shri A.S. Oka and Shri S.S. Shinde as stated in
their Order dated 23-11-2013;(iv). That the Police have Violated
Hon. SC Arrest Guidelines of D.K. Basu Vs. State of Bengal 1997;SO
THE ACCUSED POLICE OFFICERS SHOULD BE SUSPENDED AND PROSECUTED FOR
ABOVE MENTIONED OFFENCES AND CONTEMPT OF COURTS; BUT HON. JUSTICES
MR. P.V. HARDAS AND MS. MRIDULA BHATKAR NEITHER ALLOWED OUR PRAYERS
NOR REJECTED IT BUT DISMISSED THOSE PRAYERS WITHOUT ANY REASON.
This was an act done to SAVE the Accused Police Officers.
Hon. Bombay High Court in the case of AIR 1921, Bom. 115 held
that,AIR 1921 Bom. 115IPC 218:-The gist of the section is stifling
of truth and the perversion of the course of justice in case where
an offence has been committed, to screen any particular person. It
is sufficient that he knows it to be likely that justice will not
be executed and that someone will escape from punishment
The Apex Court in a decision in the case of Smt. S.R.
Venkatraman vs. Union of India and Anr. Reported in (1979) 2
Supreme Court cases 491, wherein while considering the question of
malice in law by quoting the observations of Viscount Haldanein the
decision in the case of Shearer vs. Sheilds reported in (1914) AC
808, it has been observed by Apex Court in paragraph no.5 of the
said decision:5. Malice in law is however, quite different.
Viscount Haldane described it as follows in Shearer v. Shields: A
person who inflicts an injury upon another person in contravention
of the law is not allowed to say that he did so with an innocent
mind; he is taken to know the law, and he must act within the law.
He may, therefore, be guilty of malice in law, although, so far the
state of his mind is concerned, he acts ignorantly, and in that
sense innocently. Thus malice in its legal sense means malice such
as may be assumed from the doing of a wrongful act intentionally
but without just cause or excuse, or for want of reasonable or
probable cause.
20. CHARGE NO. 2 # CLEAR VIOLATIONS OF DIRECTION OF HON. SUPREME
COURT 3-JUDGE BENCH, BY HON. JUSTICES MR. P.V. HARDAS AND MS.
MRIDULA BHATKAR:Petitioners submitted various Case Laws and
Citations on 8-4-2013, to Hon. Justices Mr. P.V. Hardas and Ms.
Mridula Bhatkar, the Presiding Judges, through our Submission
titled: Filing of case laws/precedent judgments as case citations
on record by way of Purshish and our Written notes of Arguments,
WHICH WERE OF CASES WHERE COURTS HAD PROSECUTED AND OR SENTENCED
THE ACCUSED POLICE OFFICERS FOR FILING FALSE SWORN AFFIDAVITS IN
COURTS, DELIBERATE INACTION BY POLICE TO REGISTER FIR, SUMMONING A
WOMAN TO POLICE STATION FOR INQUIRY (79 YEAR PETITIONER MOHINI
KAMWANI IN THIS CASE), HANDCUFFING A PETITIONER (DILIP KAMWANI IN
THIS CASE), ETC; BUT Hon. Justices Mr. P.V. Hardas and Ms. Mridula
Bhatkar neither discussed nor even the Citations were Referred in
the Final Judgment Order dated 13-6-2013.Moreover refusing to
explain the authorities/case laws in the Final Judgment is clear
violation of law laid down by 3-Judge Bench of Hon. Supreme Court
in Dwarkesh Industries vs. Prem Heavy Engineering 1997 SCC (6) 450
where it has been laid down that:Judicial Adventurism High Court
ignoring various laws settled by Supreme Court Held - When a
position, in law, is well settled as a result of judicial
pronouncement of this Court, it would amount to judicial
impropriety to say the least, for the subordinate courts including
the High Courts to ignore the settled decisions and then to pass a
judicial ordor which is clearly contrary to the setded legal
position. Such judicial adventurism cannot be permitted and we
strongly deprecate the tendency of the subordinate courts in not
applying the settled principles and in passing whimsical orders
which necessarily has the effect of granting wronful and
unwarranted relief to one of the parties. It is time that this
tendency stops.It is unfortunate, that notwithstanding the
authoritative pronouncements of Supreme Court, the High Courts and
the courts subordinate thereto, still seem intent on affording
innumerable opportunities for dealing with this area of law,
thought by Supreme Court to be well settled.- order of High Court
set aside The appellant granted to costs quantified at
Rs.20,000.
Hon. Supreme Court in the case of Sundarjas Kanyalal Bathija and
others vs. The Collector, Thane, AIR 1990 Supreme Court held
that:Constitution of India, Art. 141 PRECEDENTS Judges are bound by
precedents and procedure They could use their discretion only when
there is no declared principle to be found, no rule and no
authority where a single Judge or a Division Bench does not agree
with the decision of a bench of co-rdinate jurisdiction, the matter
shall be referred to a larger Bench. It is subversion of judicial
process not to follow this procedure it is the duty of judges of
superior courts and tribunals to make the law more pre- dictable.
The question of law directly arising in the case should not be
dealt with apologetic approaches. The law must be made more
effective as a guide to behaviour. It must be determined with
reasons which carry convictions within the Courts, profession and
public. Otherwise, the lawyers would be in a predicament and would
not know how to advise their clients. Subordinate courts would find
themselves in an embarrassing position to choose between the
conflicting opinions. The general public would be in dilemma to
obey or not to obey such law and it ultimately falls into disrepute
One must remember that pursuit of the law, however glamorous it is,
has its own limitation on the Bench (Paras 17, 20).
21. CHARGE NO. 3 # HON. JUSTICES MR. P.V. HARDAS AND MS. MRIDULA
BHATKAR SAVED MY ACCUSED 4 POLICE OFFICERS EVEN AFTER MINISTRY OF
LAW AND JUSTICE (DEPT. OF JUSTICE0) SENT A LETTER TO THE HON.
BOMBAY HIGH COURTMinistry of Law and Justice, Dept. of Justice also
sent a Letter No. L-15012/5/2012-Jus dated 16-10-2012 to Hon.
Bombay High Court and Hon. Justice P.V. Hardas asked the Petitioner
to show the Court the Complaint sent by the Petitioner to Ministry
of Law and Justice, which the Petitioner showed saying that she had
Complained to Hon. Prime Minister and the Hon. PMO had sent the
Petitioners Petition dated 21-08-2012 to Ministry of Law and
Justice, where the 79 year Petitioner has shown Fear of being
KILLED by her Accused Police Officers and Accused Relatives
Karanis, because she has filed a Case against them in High Court +
Police filing False Affidavits; But still Hon. Justices Mr. P.V.
Hardas and Ms. Mridula Bhatkar did not take the matter Seriousely
and initiated no Proceedings against Police.This resulted in 2
unknown persons beating up Petitioners son Dilip Kamwani on
26-10-2013 and when he went to Complain about it in Vashi Police
Station, the Constable Deshmukh did not file his complaint but beat
him up and Fractured his Left Thumb. Hon. Justices Mr. P.V. Hardas
and Ms. Mridula Bhatkar have mentioned this incident in the Final
Judgment Order dated 13-6-2013, BUT AGAIN PROTECTED THE POLICE BY
NOT EVEN MENTIONING HIS NAME AND ONLY ASKING THE POLICE TO
INVESTIGATE AND REGISTER FIR AGAINST 2 UNKNOWN PERSONS AND SUBMIT
THE REPORT TO THE HON. COURT. 22. CHARGE NO. 4 # That Hon. Justices
Mr. P.V. Hardas was the Presiding Judge from February 2013 and
heard my Petition and Arguments 3 times while 2 more Hon. Judges
were changed and upto April 2013 till 13-6-2013, Hon. Justices Mr.
P.V. Hardas and Ms. Mridula Bhatkar were the Hon. Judges, who
delivered the BIASED Final Judgment PROTECTING my Accused Police
Officers by NOT Prosecuting them for filing False Affidavits and
Contempt of Court.
23. CHARGE NO. 5 # MY ACCUSED POLICE OFFICERS WERE PROMOTED AND
GIVEN MEDALS EVEN AFTER THEIR CRIMINAL OFFENCES WERE PROVED BY NONE
OTHER BUT HON. BOMBAY HIGH COURT - BECAUSE HON. JUSTICES MR. P.V.
HARDAS AND MS. MRIDULA BHATKAR SAVED THE CORRUPT POLICE. That
Petitioner also Informed the Hon. Justices Mr. P.V. Hardas and Ms.
Mridula Bhatkar, that BECAUSE THE HON. JUDGES HAD NOT INITIATED ANY
PROCEEDINGS AGAINST OUR ACCUSED POLICE OFFICERS, HENCE our Accused
Navi Mumbai Police Commissioner Ahmed Javed was PROMOTED as ADG Law
& Order Maharashtra in 2012 and Accused Vashi SPI Laxman Kale,
who Arrested us Illegally Blatantly Violating D.K. Basu 1997 SC
Arrest Guidelines, was given a DGPs Medal on 1-5-2013 and PROMOTION
as SPI in-Charge of Vashi Police Station on 28-5-2013 (he was API
Nerul Police Station), JUST BEFORE THE FINAL JUDGMENT ON 13-6-2013;
WHICH CLEARLY SHOWS THAT, PROBABLY, THE FINAL JUDGMENT WAS
INFLUENCED AND DICTATED BY OUR POWERFUL ACCUSED: THE STATE, SENIOR
POLICE OFFICERS AND OUR RICH AND POWERFUL ACCUSED KARANI FAMILY,
BECAUSE Hon. Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar DID
NOT INITIATE ANY PROCEDDINGS AGAINST NONE OF THE 4 GUILTY POLICE
OFFICERS FOR PERJURY, FORGERY, CONTEMPT OF COURTS, ETC., AS
REPEATEDLY PRAYED BY THE PETITIONERS THROUGH THEIR VARIOUS
AMENDMENTS AND HON. JUSTICES MR. P.V. HARDAS AND MS. MRIDULA
BHATKAR PROTECTED THE GUILTY POLICE OFFICERS.
24. CHARGE NO. 6 # VIOLATION OF OATH TAKEN AS HIGH COURT JUDGES
AND VIOLATION OF ARTICLE 14 OF THE CONSTITUTION OF INDIA BY HON.
JUSTICES MR. P.V. HARDAS AND MS. MRIDULA BHATKAR.The Constitution
of India Schedule III Articles 75 (4), 99, 124 (6), 148 (2), 164
(3), 188 and 219 provides that forms of Oaths or Affirmation No.
VIII is as follows: Form of oath or a affirmation to be made by the
Judges of a High Court.I, A.B., having been appointed Chief Justice
(or a Judge) of the High Court at (or of) ----------------- do that
I will bear true faith and allegiance to the Constitution of India
as by law established, [that I will uphold the sovereignty and
integrity of India] that, I will duly and faithfully and to the
best of my ability, Knowledge and judgement perform the duties of
my office without fear or favour, affection or illwill and that I
will uphold the Constitution and the laws.
Article 14 of the constitution of India makes it mandatory to
give equal treatment to all citizens (1956 Cri. L.J. (Bom.) Honble
Bombay High Court in the case of Amnachalam Swami -Vs- State AIR
1956 Bombay 695 held that,(Para 4) Mr. Kavelkar is right when he
urges that Article 14 assures to the citizen equality not only in
respect of a substantive law but also procedural law, and if any
procedure is set up which deprives a citizen of substantive rights
of relief and defence the citizen is entitled to complain of this
procedure if two persons equally situated the older procedure is
still available where these substantive rights of relief and
defence were secured.In the Final Judgment of my CrimWP No.
1857/2012, Hon. Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar,
neither discussed nor even Referred the Citations and neither
allowed our Prayers nor rejected it but Dismissed those Prayers
without any Reason, when we have clearly Prayed for Contempt
proceedings against the Police and proceedings for filing False
Affidavits, Statements, Reports, etc. in High Court and JMFC Vashi
Court and doing Forgery and Perjury, THEREBY PROTECTING OUR ACCUSED
4 GUILTY POLICE OFFICERS.
25. CHARGE NO. 7 # EVEN THOUGH 79 YEAR PETITIONER MOHINI KAMWANI
MADE CLEAR PRAYERS THAT SHE HAS SERIOUS THREAT OF LIFE FROM HER
ACCUSED NAVI MUMBAI POLICE OFFICERS - HON. JUSTICES MR. P.V. HARDAS
AND MS. MRIDULA BHATKAR DID NOT INITIATE PROCEEDINGS AGAINST MY
ACCUSED POLICE OFFICERS.
That the Petitioner has clearly made SERIOUS Prayers in her
Amendment 4 dated 30-3-2013, to Hon. Justices Mr. P.V. Hardas and
Ms. Mridula Bhatkar, that she is 79 year old poor Widow and that
she and her family has Serious Threat of Life from her Accused Navi
Mumbai Police Officers, as the same Police Officers have been found
involved with a Murder Accused Suresh Bijlani, suspected
conspirator of Murdered Sunil Kumar Lahoria and that he was also a
Complainant like us and our Accused SPI Laxman Kale was the IO in
his Police Complaint and he was later MURDERED and that our Accused
Relatives Karani Family have Close Relations with the Murder
Accused Suresh Bijlani, his neighbors staying in the same Building
in Vashi, Bombay Annex, for the past 30 years; BUT STILL Hon.
Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar took No
Prosecution Action against the 4 Guilty Police Officers.
26. CHARGE NO. 8 # CLEAR VIOLATION AND NON IMPLEMENTATION IN OUR
CASE OF ILLEGAL ARREST AND JAILING, BY HON. JUSTICES MR. P.V.
HARDAS AND MS. MRIDULA BHATKAR, OF 1997 HON. SUPREME COURT ORDER OF
PUNISHMENT TO GUILTY POLICE OFFICERS WHO VIOLATE D.K. BASU SC
ARREST GUIDELINES AS PER PARA 36 OF SC ORDER:
YOUR LORDSHIPS, IT IS PERTINENT TO NOTE HERE, THAT When clear
violation of Supreme Court dierection in D.K.Basu,s case is found
then HON. JUSTICES MR. P.V. HARDAS AND MS. MRIDULA BHATKAR were
bound to initiate Contempt proceeding Suo Motu. Same procedure is
followed by another Bench of this Hon'ble Bombay High Court in the
case of Gurudas Gaonkar ..Vs. .. State through P. P. 2012 ALL MR
(CRI.) 2280 . As per judicial propriety and as per law laid down by
Hon'ble Supreme Court in the case of Hari Singh it is mandatory to
all court/Bench of co-ordinate jurisdiction to have consistent
opinion on same set of fact and law .Honble Bombay High Court in
the case of M/s. Shri Srinivasa Cut Pieces Cloth Shop, Rajahmundri,
(A.P.) & Anr.Vs. State of Maharashtra & Anr.2004 ALL MR (
Cri ) 1802 ruled that the court of Co-ordinate jurisdiction should
have consistant openion on same set of facts and point of law. If
this procedure is not followed then instead of achieving harmony it
may lead to judicial anarchy as different person approaching
different Judge may get different orders in like matters. But
Justice Hardas violated this procedure and there is biasness and
violation of Article 14 of the Constitution.IMPORTANT: OTHER HON.
BENCHES HAVE TAEN SUO MOTU ACTION OF CONTEMPT PROCEEDINGS IN D.K.
BASU VIOLATIONS CASE, BUT IN OUR CASE HON. JUSTICES MR. P.V. HARDAS
AND MS. MRIDULA BHATKAR DID NOT INITIATE SUO MOTU CONTEMPT
PROCEEDINGS, NOR EVEN AFTER OUR REPEATED PRAYERS AND PLEADINGS.
FOR THAT the Hon. Justices Mr. P.V. Hardas and Ms. Mridula
Bhatkar ought to have followed the consequences, laid down by
Honble Supreme Court in the case of D. K.Basu vs. State of West
Bengal reported in 1997(1) SCC 416 which has categorically stated
that in addition to departmental proceedings, contempt proceedings
ought to be initiated against the persons guilty of violation of
guidelines issued in the said judgment. It is held in para 36 as
under:36. Failure to comply with the requirements hereinabove
mentioned shall apart from rendering the official concerned liable
for departmental action, also render him liable to be punished for
contempt of Court and the proceedings for contempt of court may be
instituted in any High Court of the country having territorial
jurisdiction over the matter.
That Hon. Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar have
Clearly PROTECTED our Accused 4 Police Officers by NOT taking the
Consequencial action as per Hon. Supreme Court Order for our
Illegal Arrest and Jailing.
FOR THAT Hon. Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar
failed to appreciate that merely granting compensation is not
sufficient when there is gross violation of fundamental rights. It
is the duty of the Hon. Judges to see that the crime should not go
unpunished and the police authorities who have been held guilty of
abuse of their police powers and of taking of law in their hands,
in total disregard to the basic human values and rights which are
guaranteed under Article 21 and 22 of the constitution, should be
punished in accordance with law.
27. CHARGE NO. 9 # FRAUD ON POWER PASSING THE ORDER BY IGNORING
MATERIAL ON RECORD BY HON. JUSTICES MR. P.V. HARDAS AND MS. MRIDULA
BHATKAR:That NONE other than this Hon. Court has itself found the
Forgery, Perjury done by my Accused Police Officers vide Orders
dated 20-11-2012 and 23-11-2012 and Blatant Violations of D.K. Basu
vs. West Bengal 1997 SC Arrest Guidelines and Petitioner has also
Prayed for the Suspension and Prosecution of the 4 Guilty Police
Officers for filing False Affidavits and Contempt of Courts, but
Hon. Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar neither
allowed our Prayers nor rejected it but Dismissed those Prayers
without any Reason. This clearly shows the Misuse of Power by the
Hon. Judges TO PROTECT MY 4 ACCUSED POLICE OFFICERS.
Hon"ble Supreme Court (3-Judge Bench) in the case of Vijay
Shekhar Vs. Union of India 2004 (3) Crimes (SC) 33 held that"Fraud
on power voids the order if it is not exercised bonafide for end
design. There is a distinction between exercise of power in good
faith and misuse in bad faith . The former arises when on authority
misuses its power in breach of law , by taking in to account
bonafide, end with best intentions, some extraneous matters or by
ignoring relevant matter that would render the impugned act or
order powers.The misuse in bad faith arises when the power is
exercised for an improper motive, say, to satisfy a private or
personal grudge or for wreaking vengenence of a minister as in S.
Pratap Singh - Vs - State (AIR 1964 SC 733)A power is exercised
maliciously if its repository is motived by personal animosity
towards those who are directly affected by its exercise Use of
power for on alien purpose other than the one for which the power
is conferred is malafide use of power. Same is the position when an
order is made for a purpose other than that which finds place in
the order. The ulterior or alien purpose clearly speaks of the
misuse of the power. It was said by Warangton C. J. in Short - Vs -
Poole corporation (1926) 1 ch 66 that:No public body can be
regarded as having statutory authority to act in bad faith or from
corrupt motives and any action purporting to be of that body, but
proved to be committed in bad faith or from corrupt motives would
certainly be held to be inoperative.In Lazarus Estates Ltd - Vs -
Beasely (1956) 2 QB 702 at Pp 712-13 Lord Denning L.J. Said"No
judgment of a court no order of Minister can be allowed to stand if
it has been obtained by fraud , fraud unravels everything
".(emphasis suppliedSee also in Lazarus case at p.722 per Lord
Parker C.J."Fraud" Vitiates all transactions know to the law of
however high a degree of solemnity.(Para 10 ) Similar is the view
taken by this court in the case of Ram Chandra Singh - Vs -
Savitridevi and ors. (2003 (8) ) SCC 319) Wherein this court
speaking through one of us (Sinha J.) Held thus:"Fraud as is well
known vitates every soleman act .Fraud and justice never dwell
together. Fraud is a conduct either by letter or words which
induces the other person or authority to take a definite
determinative stand as a response to the conduct of the former
either by word or letter. It is also well settled that
misrepresentation itself amounts to fraud. Indeed, innocent
representation may also give reason to claim relief against fraud.
A fraudlent misrepresentation is called deceit and in leading a man
into damage by willfully or recklessy causing him to believe an act
on falsehood.It is a fraud in law if a party makes representation
which he knows to be false and injury ensues there from. Although
the motive from which the representation proceeded may not have
been had. An act of fraud on court is always viewed seriously. A
collusion or conspiracy with a view to deprive the rights of others
in relation to a property would render the transaction void - ab
-intio Fraud and deception is synonymous. Although in a given case
a deception may not amount to fraud, fraud is anathema to all
equitable principles and any o flair tainted with fraud cannot be
perpetuated or saved by the application of any equitable doctrine
including res judicata.2004 (3)crimes (SC) 33
28. CHARGE NO. 10 # HON. JUSTICES MR. P.V. HARDAS AND MS.
MRIDULA BHATKAR DID NOT FOLLOW THE GUIDELINES OF HON. SUPREME COURT
AND HENCE SAVED MY 4 ACCUSED POLICE OFFICERS:
Petitioner and her son Clearly informed the HON. JUDGES MR. P.V.
HARDAS AND MS. MRIDULA BHATKAR that my Accused Senior Police
Officers then Navi Mumbai Police Commissioner Ahmed Javed, DCP P.
Karad, Principal Secretary Home Dept. and the State had NOT filed
any Reply Affidavit in 1 year and Hon. Justice P.V. Hardas asked
the APP whether any one of them want to File the same and the
Learned APP replied Negatively and that the Rejoinder Affidavit
filed by the Petitioners was neither disputed nor denied by the
Accused Police Officers or any of the Accused by filing any counter
Affidavit and hence the Hon. Judges were duty bound to accept our
contention as final in view of law laid down by Honble Supreme
Court (3-Judge Bench) in the case of Express Newspaper Pvt. Ltd.
Vs. Union of India 2009 All SCR O.C.C. 193 where it has been laid
down that,(Para 115) Where mala fides are alleged it is necessary
that the person against whom such allegations are made should come
forward with an answer refuting or denying such allegations. For
otherwise such allegations remain unrehutted and the Court would in
such a case he constrained to accept the allegations so remaining
unrebutted and unanswered on the test of probability. That
precisely is the position in the present case, in the absence of
any counter-affidavit by any of the respondents. One should have
thought that the Minister for Works and Housing should have sworn
an affidavit accepting or denying the allegations made by the
petitioners. At our instance, M. K. Mukherjee, Secretary, Ministry
of Works and Housing has filed a supplementary affidavit .
29. CHARGE NO. 11 # HON. JUSTICES MR. P.V. HARDAS AND MS.
MRIDULA BHATKARS INABILITY TO PERFORM THE DUTY EVEN WHEN VIOLATION
OF CONSTITUTION IS BROUGHT TO THE NOTICE IN A Crim.WP FILED BY A 79
YEAR POOR WIDOW:
The Petitioner has clearly pointed out in her Petition that
their Fundamental, Legal, Constitutional and Human rights and the
Right to Liberty and the Right to Life were Violated in the matter
of Articles 22, 20, 21, 1, 226, and 14, 19; and also, in her
Amendments and Rejoinders, clearly Pointed out the Fact that she is
79 and has a Mentally Challenged Daughter and the Police Arrested
her Illegally in a False Case by Filing False Affidavits because
she Complained to Higher Authorities against Police for their Non
Registration of FIR against her Rich and Powerful Accused relatives
Karani family Threatening her and she has Serious Threats to her
and her familys Lives and Liberty and Prayed for Suspension and
Prosecution of 4 Guilty Police Officers otherwise they will take
More Revenge from her and her family; BUT STILL Hon. Justices Mr.
P.V. Hardas and Ms. Mridula Bhatkar neither allowed our Prayers nor
rejected it but Dismissed those Prayers without any Reason.
This raises a question that whether a person who can not perform
his duty as a Judge can be allowed to continue as a Judge of the
High Court and the fundamental legal rights of the citizens be put
in to jeopardy. In another landmark judgement in the case of Dr. X
Vs. Hospital (Z 1991 (1) ALL MR 469 (SC) Honble Supreme Court
observed that,(para 43) Moreover, where there is a clash of two
Fundamental Rights, .. Fundamental Right under Article 21, the
RIGHT which would advance the public morality or public interest,
would alone be enforced through the process of Court, for the
reason that moral considerations cannot be kept at bay and the
Judges are not expected to sit as mute structures of clay, in the
Hall, Known as Court Room, but have to be sensitive, in the sense
that they must keep their fingers firmly upon the pulse of the
accepted morality of the day (See : Legal Duties : Allen)The
totality of above settled law makes it clear that the Hon. Justices
Mr. P.V. Hardas and Ms. Mridula Bhatkar are unable to perform their
duty of Judge and to do the justice and therefore they are liable
to be removed from their post and they are also liable for strict
punishment which will be deterrent to others also.
The False affidavits filed by my 2 Accused Police Officers were
ex- facilely proved. This fact was neither disputed nor denied by
the persons filing false Affidavits before Honble High Court. The
accused did not file their apology. The Hon. Justices Mr. P.V.
Hardas and Ms. Mridula Bhatkar were bound to punish them in view of
specific law laid down by Honble Supreme court in the case of U.P.
Resident Employeed Co-Op. House Building Society and others Vs. New
Okhla Industrial Development Authority 2010 (3) SCC (Cri) 586. Also
in view of law laid down by Division Bench of Honble Bombay High
Court in the case of B.A. Shelar Vs. M.S. Menon 2002 Cri. L.J. 788
& Manlavak Singh Vs. Rmakirit AIR 1940 Pat 631 etc. But Hon.
Justices did not pass any order on that, with ulterior motive to
help my 4 Accused Police Officers, EVEN THOUGH THE HON. JUSTICES
KNEW THAT THE PETITIONER AND HER SON WERE FIGHTING THEIR OWN CASE
AS PETITIONERS IN-PERSON AND THEY DID NOT HAVE AN ADVOCATE. Our
Prayers were neither allowed nor rejected. It is settled principle
of law that the discretion given to Judge are not unfettered
discretion but it has to be guided by sound principles of law.The
Judge/Magistrate who exercise discretion are expected to bear in
mind that:"Discretion when applied to a court of justice, means
sound discretion guided by law. It must be governed by rule, not by
humor, it must not be arbitrary, vague and fanciful, but legal and
regular"[Tinqley-vs- Dalby, 14 NW 1461"An appeal to a Judge]s
discretion is an appeal to his judicial conscience. The discretion
must be exercised, not in opposition to, but in accordance with
established principles of law."Gudianti Narsimha -Vs- Public
Prosecutor. High Court 1978 Cri. L.J. 502."The Judge, even when he
is free, is stili not wholly free. He is not to innovate at
pleasure He is not a Knight - errant roaming at will in pursuit of
his own ideal of beauty or of goodness. He is to draw his
inspiration from consecrated principles. He is not to yield to
spasmodic sentiment to vague and unregulated benevolence. He is to
exercise a discretion informed by tradition, methodized by analogy,
disciplined by system, and subordinated to 'the primordial
necessity or order in the social life.The Nature of the Judicial
Process - Benjamin Cardozo, Yale University press (1921)]But Hon.
Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar misused their
discretion to save my 4 Accused Police Officers.
"Reason is the heartbeat of every conclusion. Without the same,
it becomes lifeless ".In another judgment Honble Supreme Court in
the case of Suga Ram -Vs- State 2007 ALL MR (Cri) 546 (SC) held
that,[para 7] Leave much to be desired Reasons introduce clarity in
an order. On plainest consideration of justice, the High Court
ought to have set forth its reasons, howsoever brief, in its order
indicative of an application of its mind, all the more when its
order is amenable to further avenue of challenge. The absence of
reasons has rendered the High Court order not sustainable. Similar
view was expressed in State of U.P. Vs. Battan and Ors. (2001(10)
SCC 607). About two decades back in State of Maharashtra Vs. Vithal
Rao Pritirao Chawan (AIR 1982 SC1215) the desirability of a
speaking order while dealing with an application for grant of leave
was highlighted. The requirement of indicating reasons in such
cases has been judicially recognized as imperative. The view was
reiterated in Jawahar Lai Singh Vs. Naresh Singh and Ors.(1987(2)
SCC 222). Judicial discipline to abide by declaration of law by
this Court, cannot be forsaken, under any pretext by any authority
or Court, be it even the highest Court in n State, oblivious to
Article 141 of the Constitution of India, 1950 (in short the
'Constitution').Even in respect of administrative orders Lord
Denning M. R. in Breen Vs. Amalgamated Engineering Union (1971(1)
A11E.R. 1148) observed "The giving of reasons is one of the
fundamentals of good administration". In Alexander Machinery
(Dudley) Ltd. Vs. Crabtree (1974 LCR120) it was observed: "Failure
to give reasons amounts to denial of justice". Reasons are live
links between the mind of the decision taker to the controversy in
question and the decision or conclusion arrived at". Reasons
substitute subjectivity by objectivity. The emphasis on recording
reasons is that if the decision reveals the "inscrutable face of
the sphinx", it can, by its silence, render it virtually impossible
for the Courts to perform their appellate function or exercise the
power of judicial review in adjudging the validity of the decision.
Right to reason is an indispensable part of a sound judicial
system, reasons at least sufficient to indicate an application of
mind to the matter before Court. Another rationale is that the
affected party can know why the decision has gone against him. One
of the salutary requirements of natural justice is spelling out
reasons for the order made, in other words, a speaking out. The
"inscrutable face of a sphirvc is ordinarily incongruous with a
judicial or quasi- judicial performance.The conduct of Judge in not
following the directions of Honble Supreme Court amounts to
contempt of Supreme Court as has been held by Apex Court in the
case of Robindra Nath Singh -Vs- Rajesh Ranjan 2010 (3) SCC Cri.
165.In fact whenever any offence pertaining to administration of
justice is committed and more particularlywhen it is regarding
interpolation of orders by the Judge then in fact is duty of the
Government pleader to take effective steps for prosecution of
guilty Judge. As every citizen belongs to state and even the
permission to end his own life is not granted to any citizen.In
this regard it must be noted that in an identical case in
--------AIR 1971 SC 1708 it has been held that,if the Judge made
some interpolation in his order then he is liable to be prosecuted
under section 167, 465, 471 etc of I.P.C. and the complaint was in
fact filed by the Govt. pleader.However no such steps were taken by
the Govt. pleaders office of High Court, Bombay. This fact requires
a thorough investigation because Petitioner Mohini Kamwani sent
various Complaints about the Final Judgment to Hon. CJI-SC and
CJ-Bombay High Court but no steps were taken which the law makes
obligatory for the Govt. Pleader.
30. CHARGE NO. 12 # HON. JUSTICES MR. P.V. HARDAS AND MS.
MRIDULA BHATKAR JOINING CRIMINAL CONSPIRACY AND OTHER CRIMNAL
OFFENCES AND THEREBY COMMITING OFFENCE UNDER SECTION 120-B OF
I.P.C: In the case of Ramanlal Vs- State 2001 Cri. L. J. 800, it
has been held that, the High Court Judge is liable to be prosecuted
in view of Sec. 120 (B) of I.P.C. if he supports the conspirators.
It has been held that,Conspiracy I.P.C . Sec. 120 (B) --Apex Court
made it that inference of conspiracy has to be drawn on the basis
of circumstantial evidence only because it become difficult to get
direct evidence on such issue The offence can only be proved
largely from the inference drawn from act or illegal omission
committed by them in furtherance of a common design Once such a
conspiracy is proved, act of one conspirator become the act of the
other A conspirator who joins subsequently and commits overt acts
in furtherance of the conspiracy must also be held liable
proceeding against accused can not be quashed.In present case Hon.
Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar misused their
power to help my 4 Accused Police Officers and tried to harass the
Petitioners hence, they are co-conspirator in the main crimes and
therefore, liable to be punished as per Section 120-B of Indian
Penal Code. 31. CHARGE NO. 13 # MY ACCUSED POLICE OFFICERS ARE
FILING MORE FALSE AFFIDAVITS IN HON. BOMBAY HIGH COURT IN THEIR NEW
FALSE CASES BECAUSE HON. JUSTICES MR. P.V. HARDAS AND MS. MRIDULA
BHATKAR DID NOT INITIATE PROCEEDINGS AGAINST THEM:
My Accused Police Officers DCP P. Karad, DGP (Home Guards) Ahmed
Javed have AGAIN filed a False Crim.WP 427/2014 in Hon. Bombay High
Court on 4-2-2014 and have obtained an ad-interim Stay Order by
filing a False Affidavit, AGAIN, against Registration of FIR
against them as per the Order of JMFC Vashi Court dated 1-2-2014
obtained by me !!!IF Hon. Justices Mr. P.V. Hardas and Ms. Mridula
Bhatkar HAD INITIATED PROCEEDINGS AGAINST THEM, FOR FILING FALSE
AFFIDAVITS AND CONTEMPT OF COURT, THEN THE ACCUSED POLICE WOULD NOT
HAVE FILED THIS NEW FALSE AFFIDAVIT IN HON. BOMBAY HIGH COURT AND
MAYBE THEY WOULD NOT HAVE FILED THE SAID FALSE CrimWP 427/2014 ALSO
GIVING ME MORE TROUBLE TO FIGHT FURTHER LITIGATION DUE TO STAY
ORDER OBTAINED ON FALSE AFFIDAVIT. Hon. Justices Mr. P.V. Hardas
and Ms. Mridula Bhatkar ARE RESPONSIBLE FOR MAKING THEM COMMIT MORE
CRIMINAL OFFENCES AND MORE CONTEMPT OF COURT.
32. CHARGE NO. 14 # HON. JUSTICES MR. P.V. HARDAS AND MS.
MRIDULA BHATKAR SHOULD RESIGN OR BE REMOVED FROM THE HON. HIGH
COURT:Your Lordships, 3.5 CRORE CASES are pending in the Courts all
over India. Thousands of innocent poor citizens are Arrested by
Corrupt Police Blatantly Violating D.K.BASU law everyday and Jailed
after taking Bribes from Rich and Powerful Accused/Persons.
Millions of Poor and Innocent Victims are Rotting in Jails BECAUSE
of Corrupt Police and some Dishonest MagistratesWHY NO PUNISHMENT
to Police as per D.K. Basu 1997 SC Order of Dismissal of Police and
HC initiating Proceedings against Police for Contempt of Hon.
Supreme Court ? So Police keep minting money & WE THE PEOPLE
suffer !!! Your Lordships, when 1 Policeman does Wrong Thousands of
Citizens SUFFER; BUT when 1 JUDGE does WRONG, CRORES of Citizens
SUFFER Injustice.So Hon. Justices Mr. P.V. Hardas and Ms. Mridula
Bhatkar should Resign Gracefully or be Removed from the Hon. High
Court-The Temple of Justice and the Purity of the Fountain of
Justice can be maintained and Not Polluted any further.
But from the above documentary proofs it is clear that Hon.
Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar acted against the
oath and thereby ceased their right to continue as a Judge of
Honble High Court. As per law laid down by 5-Judge Bench of Honble
Supreme Court in the case of K. Veerswami Vs. Union of India 1991
(3) SCC 655 it is obligatory on the part of Respondents No.1 and 2
to resign from their post but they are still working. It has been
laid down by Honble Supreme Court in K. Veerswamis case (Supra)
that, (53) The judiciary has no power of the purse or the sword. It
survives only by public confidence and it is important to the
stability of the society that the confidence of the public is not
shaken. The Judge whose character is clouded and whose standards of
morality and rectitude are in doubt may not have the judicial
independence and may not command confidence of the public. He must
voluntarily withdraw from the judicial work and administration.(54)
.. The emphasis on this point should not appear superfluous. Prof.
Jackson says "Misbehavior by a Judge, whether it takes place on the
bench or off the bench, undermines public confidence in the
administration of justice, and also damages public respect for the
law of the land; if nothing is seen to be done about it, the damage
goes unrepaired. This a must be so when the judge commits a serious
criminal offence and remains in office". (Jackson's Machinery of
Justice by J.R. Spencer, 8th Edn. pp. 369-70.(55) The proved
"misbehaviour" which is the basis for removal of a Judge under
clause (4) of Article 124 of the Constitution may also in certain
cases involve an offence of criminal misconduct under Section 5(1)
of the Act. But that is no ground for withholding criminal
prosecution till the Judge is removed by Parliament as suggested by
counsel for the appellant. One is the power of Parliament and the
other is the jurisdiction of a criminal court. Both are mutually
exclusive. Even a government servant who is answerable for his
misconduct which may also constitute an offence under the Indian
Penal Code or under S. 5 of the Act is liable to be prosecuted in
addition to a departmental enquiry. If prosecuted in a criminal
court he may be punished by way of imprisonment or fine or with
both but in departmental enquiry, the highest penalty that could be
imposed on him is dismissal. The competent authority may either
allow the prosecution to go on in a court of law or subject him to
a departmental enquiry or subject him to both concurrently or
consecutively. It is not objectionable to initiate criminal
proceedings against public servant before exhausting the
disciplinary proceedings, and a fortiori, the prosecution of a
Judge for criminal misconduct before his removal bu Parliament for
proved misbehaviour is unobjectionable..But we know of no law
providing protection for Judges from criminal prosecution. Article
361(2) confers immunity from criminal prosecution only to the
President and Governors of States and to no others. Even that
immunity has been limited during their term of office. The Judges
are liable to be dealt with just the same way as any other person
in respect of criminal offence. It is only in taking of bribes or
with regard to the offence of corruption the sanction for criminal
prosecution is required.(61) For the reasons which we have
endeavored to outline and subject to the directions issued, we hold
that for the purpose of clause (c) of S. 6(1 of the Act the
President of India is the authority competent to give previous
sanction for the prosecution of a Judge of the Supreme court and of
the High court.(79) Before parting with the case, we may say a word
more. This case has given us much concern. We gave our fullest
consideration to the questions raised. We have examined and
reexamined the questions before reaching the conclusion. We
consider that the society's demand for honesty in a judge is
exacting and absolute. The standards of judicial behaviour, both,
on and off the bench, are normally extremely high. For a Judge to
deviate from such standards of honesty and impartiality is to
betray the trust reposed in him. No excuse or no legal relativity
can condone such betrayal. From the standpoint of justice the size
of the bribe or scope of corruption cannot be the scale for
measuring a Judge's dishonour. A single dishonest Judge not only
dishonours himself and disgraces his office but jeopardizes the
integrity of the entire judicial system.(80) A judicial scandal has
always been regarded as far more deplorable than a scandal
involving either the executive or a member of the legislature. The
slightest hint of irregularity or impropriety in the court is a
cause for great anxiety and alarm. "A legislator or an
administrator may be found guilty of corruption without apparently
endangering the foundation of the State. But a Judge must keep
himself absolutely above suspicion" to preserve the impartiality
and independence of the judiciary and to have the public confidence
thereof.Let us take a case where there is a positive finding
recorded in such a proceeding that the Judge was habitually
accepting bribe, and on that ground he is removed from his office.
On the argument of Mr Sibal, the matter will have to be closed with
his removal and he will escape the criminal liability and even the
ill-gotten money would not be confiscated. Let us consider another
situation where an abettor is found guilty under S. 165-A of the
Indian Penal Code and is convicted. The main culprit, the Judge,
shall escape on the argument of the appellant. In a civilized
society the law cannot be assumed to be leading to such disturbing
results.
33. CHARGE NO. 15 # HON. JUSTICES MR. P.V. HARDAS AND MS.
MRIDULA BHATKAR HAVE DONE GRAVE INJUSTICE TO ME A 79 YEAR OLD
SENIOR CITIZEN WIDOW OF A FREEDOM FIGHTER, BY SAVING MY ACCUSED 4
POLICE OFFICERS SO THEY SHOULD BE REMOVED FROM HON HIGH COURT AND
PROSECUTED;What about Senior Citizens Protection Laws in my case
?What about VIOLENCE AGAINST WOMEN Laws in my case ? After the
Nirbhaya Case, today there is JAIL TERM FOR TOUCHING A WOMAN; BUT
because Hon. Justices Mr. P.V. Hardas and Ms. Mridula Bhatkar did
not Initiate Proceedings against my 4 Accused Police Officers and
SAVED them, the Guilty Police Officers have got PROMOTIONS AND
MEDALS EVEN AFTER ILLEGALLY ARRESTING AND JAILING A 79 YEAR WIDOW,
Filing False Affidavits and doing Contempt of Courts, BECAUSE OF
HON. JUDGES LIKE Hon. Justices Mr. P.V. Hardas and Ms. Mridula
Bhatkar !!!This is, like, Encouraging and Rewarding the Criminals
To do More Crimes against the Poor and Old Victims like me !!!
IF IT WAS NOT FOR THE HONEST HON. JUSTICE SHRI A.S. OKA JI, WHO
WAS DEPUTED BY THE ALMIGHTY AS ANGEL OF GOD TO HEAR MY CASE AND
CATCH THE FORGERY DONE BY POLICE IN THE STATION DIARY ENTRY NO. 26
ON HIS OWN HONEST JUDICIAL INITIATIVE, WITHOUT ME OR MY THEN NGO
ADVOCATE (WHO LATER TOOK A DISCHARGE FROM MY CASE) EVEN ASKING FOR
OR MENTIONING IT; I DOUBT WHETHER Hon. Justices Mr. P.V. Hardas and
Ms. Mridula Bhatkar, WOULD HAVE EVEN GRANTED ME RS. 3 LACS !!!
BECAUSE EVEN THOUGH WE CLEARLY PRAYED TO Hon. Justices Mr. P.V.
Hardas and Ms. Mridula Bhatkar, AS PETITIONERS IN-PERSON WITHOUT AN
ADVOCATE, BUT THE HON. JUDGES DID NOT INITIATE ANY PROCEEDINGS
AGAINST MY 4 ACCUSED POLICE OFFICERS, EVEN AFTER THEIR CRIMINAL
OFFENCES OF FILING FALSE AFFIDAVITS AND CONTEMPT OF COURTS WERE
PROVED BEYOND DOUBTS BY NONE OTHER BUT THIS HON. COURT VIDE THE
HONEST HON. JUSTICE SHRI A.S. OKAS 2 ORDERS DATED 20-11-2012 AND
23-11-2012, BUT EVEN THEN HON. JUSTICES MR. P.V. HARDAS AND MS.
MRIDULA BHATKAR SAVED MY 4 GUILTY ACCUSED POLICE OFFICERS !!!Your
Lordships, it is Pertinent to Note here that I am Not Blaming all
the 11 Hon. Judges who heard my case; Rather I am Appreciating the
HONESTY of the Hon. Justice A.S. Oka ji who did Justice to me. HE
DID HIS JUDICIAL DUTY OF A HONEST HC JUDGE; BUT I AM SEEKING
REMOVAL AND PROSECUTION OF ONLY HON. JUSTICES MR. P.V. HARDAS AND
MS. MRIDULA BHATKAR WHO DID NOT PERFORM THEIR JUDICIAL DUTY AS HON.
HC JUDGES, EVEN AFTER SEEING A HELPLESS 79 YEAR OLD SENIOR CITIZEN
WIDOW OF A FREEDOM FIGHTER VICTIMIZED BY CORRUPT POLICE OFFICERS,
LIKE HONEST HON. JUSTICE SHRI A.S OKA JI SAW AND DID HIS DUTY.
I BLESS HONEST HON. JUSTICE LIKE SHRI A.S OKA JI AND THAT HONEST
JUDGES LIKE HIM SHOULD BE MADE THE CHIEF JUSTICE OF THE HON. BOMBAY
HIGH COURT AND JUDGES LIKE HON. JUSTICES MR. P.V. HARDAS AND MS.
MRIDULA BHATKAR SHOULD BE REMOVED TO DO JUSTICE TO 1000s OF POOR
LITIGANTS/VICTIMS LIKE ME.
34. THE 79 YEAR OLD PETITIONER IS NOT DOING ANY CONTEMPT BY
FILING A COMPLAINT AGAINST THE HON. JUDGES RATHER I AM FULFILLING
MY DUTY AS A CITIZEN UNDER ART. 51-A (H)- FAIR CRITICISM OF A
JUDICIAL FUNCTIONING IS NOT CONTEMPT.[(2010) 3 SCC (Cri) 841
Indirect Tax Pratitioners Association Vs- R. K. Jain]Constitution
of India Arts 19 (1) (a), 51 A (h), 129 and 215 Highlighting
irregularities in wrong orders passed by a Bench and frunctioning
of CESTAT Respondent fulfilled his duty as a citizen under Art.
51-A (h)- fair Criticism of a judicial functioning is not a
Contempt (2010) 3 SCC (Cri) 841
35. THE LAW REGARDING PROSECUTION OF JUDGES ARE SUMMARIZED
BELOW: "However, apart from the absence_ of jurisdiction the
learned Chief Judicial Magistrate released the accused persons on
bail on the face of verdicts successively given by me Higher
colitis. He had a conscience Knowledge of those orders. This
venture of the Chief Judicial Magistrate is certainly derogatory to
well defined judicial responsibility. It lacks both good faith and
bona fide. It is well intended deliberate and tainted with
suspicion also. It tends to exhibit utter disregard to the judicial
authority of the Courts in high rank. From the narration of events
in the reference which are not controverted the act of the
respondent is explicitly well calculated with a design to undermine
the authority of the Higher Court. We, therefore, hold the
contemnor Shri R.A. Khan guilty of having committed the
contempt.1993 Cri. L.J. 816 (1) 2003 (1) B.Cr.C.268 (Bom (DB)
"Cr.P.C. S.344 on Scrutiny High Court found that accused tried to
escape on basis of forged dying declaration - High Court issued
show cause notice to advocate for accused, Special Judicial
Magistrate etc. calling explanation as to why they should not be
tried summarily for giving false evidence or fabricating false
evidence ( I.P.C. 466,193, 471, 109)(2) AIR 1971 SC 1708"I.P.C.
167, 465,466 ,471 - A first class Magistrate was alleged to have
made some interpolation in the order sheet of a case in after
sanction under section 197 by the state Govt. a complaint was filed
in a competent court of Magistrate against the said first class
Magistrate. Action is legal". (4) LL.R. 1928 (52) Mad 347"I.P.O.
466 - A Judge fabricating any record in a pending case commits an
offence a under this section.(5) Wrong interpretation of Supreme
court's order is contempt of court.2008 ALL SCR 2320(6) Civil Judge
Sessions Division acted in violation of Supreme Court order Supreme
Court issued severe reprimand - copy of order forward to
disciplinary authority for further action.AIR 2001 S.C. 197.(7)
Serious doubt if procedure required under Cr. P.C. was followed by
magistrate while taking cognizance - Fradulent act even injudicial
proceeding could not be allowed to stand - All actions taken in
complaint including issuance of bailable warrant was liable to
declared void ab initio.2004 Crimes 33 SC(8) Contemnor not only
violated Supreme Courts order but also Air Act -Sentence of one
week simple imprisonment and Rs. 1 Lac as cost imposed on
contemnor.Sessions Judge acted in violation of Supreme Court order
-Supreme Court issued Severe Reprimand - Copy of order forwarded to
disciplinary committee for further action against said Judge. AIR
2001 SC 1975M.C. Mohata - Vs - Union of India(9) No complaint form
that court is necessary where it is alleged that the subordinate
Judge before whom a suit was proceeding has himself abated an
offence under section 193 - And has also committed offence under
section 465 and 466"
36. HENCE CBI DIRECTOR BE DIRECTED TO TAKE COGNIZANCE AND
INITIATE CRIMINAL PROCEEDINGS AGAINST HON. JUSTICES MR. P.V. HARDAS
AND MS. MRIDULA BHATKAR.37. PRAYERS: It is therefore, humbly prayed
that,i]C.B.I Director be directed to register F.I.R. against Hon.
Justices Mr. P.V. Hardas And Ms. Mridula Bhatkar u/s. 217, 218,
201, r/w. Sec. 120-B of Indian Penal Code.ii]Till the
enquiry/investigation of the matter Hon. Justices Mr. P.V. Hardas
And Ms. Mridula Bhatkar be transferred out of the State of
Maharashtra.iii]A copy of this complaint be forwarded as reference
to Honble supreme court for taking action against Hon. Justices Mr.
P.V. Hardas and Ms. Mridula Bhatkar under contempt of court act as
per law laid down inSpencer & Company Ltd Vs- Vishwadarshan
Distributors Pvt. Ltd (1995) 1 Scc 259for their willful disregard
and disobedience of law laid down by honble supreme court iv]Since
the misbehavior, Criminal offences, incapacity, illegality,
malafides and biasness of Hon. Justices Mr. P.V. Hardas And Ms.
Mridula Bhatkar are ex-facially proved therefore, they be directed
to resign from their posts in view of law laid down by 5-Judge
Bench of Honble Supreme Court in the case of K. Veerswami vs- Union
of India 1991 (3) S.C.C. 655.v]If Justices Mr. P.V. Hardas And Ms.
Mridula Bhatkar fail to resign within 7 days then appropriate
direction be issued for the forwarding reference for impeachment
proceeding against Hon. Justices Mr. P.V. Hardas And Ms. Mridula
Bhatkar for their proved misbehavour, incapacity to act as High
Court Judge and biased treatment to 79 year old senior citizen
widow of freedom fighter petitioner and also violating the mandate
of article 14 of the constitution about equality before law and
equal protection of the law.Vi]Or Sanction be given to the
Complainant to file a Private Complaint;vi]Registrar General be
directed to seize the records of the case.vii]The C.B.I. will be
directed to collect the mobile phone details of all the accused
involved in the conspiracy.FOR THIS ACT OF KINDNESS AND JUSTICE THE
PETITIONER WILL ALWAYS REMAIN GRATEFUL.Mohini Naraindas KamwaniMOB
- 9920412577 RES. TEL - 022-27823443EMAIL -
[email protected] 101, Mauli, 1st Floor, A-Wing, Plot
No. 29-C, Sector 4, Vashi, Navi Mumbai 400703 Maharashtra -
INDIA.