Sunteți pe pagina 1din 3

shailesh gandhi

B2 Gokul Apartment, Near Asha Parekh Hospital,Poddar Road, Santacruz (W),Mumbai-400054 ,


Tel: 32903775; 9867327305 Email: shaileshgan@gmail.com
20 July, 2007
To,
Chief Justice Shri Swatanter Kumar
And Justice Shri S. C. Dharmadhkari

Sub.: My PIL no. 156/2006

Dear Sir,
I had brought a grave matter before this Court by the
PIL mentioned above, in November, 2006.Very powerful criminals
were ensuring that no investigation would take place into
criminal complaints filed with ACB in SRA matters. I had given
documentary evidence of how this was being done by a clear
collusion with the State. These investigations could have
exposed wrongdoings of forgery, coercion, intimidation,
corruption, appropriation of Public property and impacted a scam
of a few thousand crores. The Criminal Procedure Code of the
Country was being subverted openly and brazenly.
On March 7 and 21, this Court realizing the gravity of
the charges gave clear orders to the State to provide adequate
resources to investigate the crimes and asked the State to
ensure that investigations would be completed within six
months,-ie. by September, 2007. I pointed out to the Court that
the Government was misinterpreting its orders and showing no
intentions of following them. The Advocate General on 28th March
claimed that the Courts orders were being implemented and that
my apprehensions were wrong. The Court again clarified its
orders leaving no chance for any mischief and had fixed the next
date at 13th June, when the various agencies were to report on
the progress. Consequent to this the Government moved a Notice
of Motion 208/2007 and Speaking to Minutes in April, claiming
that the Advocate General had not said what the Court had
recorded in its orders and that the orders should be recalled!
The Court has neither stayed its orders nor recalled
them. In the meantime the matter has been placed before the
Court nine times. I have in my affidavit brought to the notice
of the Court that its orders are being treated with complete
contempt by the Government and no investigations are taking
place. The only effective action of the Court has been to force
me to implead the SRA as a respondent in my PIL, and it also
appears that a number of other parties have been joined. After
that last four times, a roll call has been taken when the matter
is called out and it is either kept-back or adjourned. By now
the dirty tricks department in the Government instead of
providing the additional resources ordered by the Court, has
2.
transferred two of the three officers who were investigating the
SRA crimes!
If the Court feels my PIL lacks merit, it should
dismiss it. By continuing to make a show that it is seized of
the matter, the PIL has been rendered meaningless. My Countrys
Criminal Procedure Code and the Courts own orders are being
blatantly flouted with the full knowledge of the Court.
Investigations in criminal matters need to be carried out
expeditiously. Time only serves the objectives of the criminals.
It is an irony that after apparently allowing a delay, the
judiciary might complain about the inadequacy of proper
investigations. I hope the Court will realize that by its
actions it is guilty of contributory negligence in the
subversion of the Law and Contempt of the Courts orders.
In the largest democracy in the world the judiciary is
the sentinel on the qui vive to protect the people from any
violation of law and grant them justice. It is essential to
maintain the faith of the common man, failing which it would
lose its respect and esteem
Besides, I would like to bring to your attention that the
Courts behaviour in calling me several times and not hearing
the matter though it is called out, without assigning any
reasons is humiliating and an affront to the dignity of human
beings. The most normal courtesy a humanbeing shows to another
has been missing in your behaviour. This is clearly unacceptable
to any self-respecting Citizen who is the Sovereign of India,
and I shall no longer we willing to subject myself to this
humiliation and indignity. The Court by allowing the Government
to delay this urgent matter has already made the purpose of
speedy investigations meaningless. It would be dishonest to
continue this matter to make a show of being concerned with
Public Interest by holding on to this petition. I am withdrawing
from appearing in this matter to protect my human dignity. I
hope the Court will show honesty in letting go of this petition
and not continuing this charade any longer.

Yours truly,

Shailesh Gandhi
Submitted and part of Courts records.
Real Swaraj will come not by the acquisition of authority by a
few but by the acquisition of capacity to resist authority when
abused. Mohandas Gandhi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION.


PIL No. 156 of 2006
(Under Article 226 of the Constitution of India)
Shailesh Gandhi . .. Petitioner

VERSUS

State of Maharsahtra & Ors. . Respondents

From: Shailesh Gandhi,

B2, Gokul Apartment, Podar Road, Santacruz(W), Mumbai 400054.

Subject:

Taking on record statement made by me in the Court on 20 th July, 2007 at 3.00pm.

To,

The Prothonotary and Senior Master,

High Court, Bombay.

Madam,

I had read the accompanying statement in the Court on 20 July, 2007 at 3.00pm.

I am submitting this with a request to place it with the record of the papers.

Mumbai dated this day of 23 rd July 2007.

Shailesh Gandhi
Petitioner in Person

S-ar putea să vă placă și