ONE MORE E MAIL SENT ON 15-04-2004 TO HON"ABLE PRESIDENT OF INDIA ABDUL KALAM
From P S Mody
Email: modypan4@yahoo.co.in
Dated 15-04-04
Your Excellency,
SUB: My earlier email on 18-3-04 as regards to my telegram and letter to CJI as regards to the conduct of the judicial officers in Gujarat depriving me of justice and disrupting my family
1. This is in reference to the above. I have not received any reply from the Chief Justice of Supreme Court of India for almost a month .
2. The magistrate of Court 15, Meghaninagar has given fresh date of May 19,2004.
The complainant and his advocate Mr. Kiran Bhrambhatt has not turned up and the magistrate is not probing for obvious reasons. Mr. Kiran Bhrambhatt’s colleague is Mr. Ashok D. Shah whose uncle in the past happened to be the Judge of Gujarat High Court. One of the senior magistrates of Metropolitan Court in Ahmedabad was sacked or discharged some time back in case connected with Madhavpura Cooperative bank where she granted bail and Mr. Ashok D. Shah happened to be the advocate who got bail for his client involved in this matter and
Have charged exhorbitant fees ( market rumour Rs fifity lakhs) to get haim a bail. This was the same advocate who subjected the undersigned for police remand for five days. This has ruined me and my family. Kindly note that I am a chemical engineer having done Masters from United states in 1973. My son is a chartered accountant and he was amongst first fifty list and first in ahmedabad and the police remand has scared him and my family has distanced themselves from me.
3. I most humbly request you to look into the matter once again . Even the Best Bakery judgment pronounced by the Supreme Court has pointed out deficiencies of Gujarat High Court in a detailed manner and proves that the judicial orders passed are perverse and does not render true justice by not probing entire evidence.
4. Even Salve reported in other matter to the Supreme Court that some of the judges of Gujarat High Court passed identical orders stating that “ The parties have not pressed for reasoned orders… Based on the facts and circumstances of the case , the bail is granted.” This was highlighted on front page article in Indian Express on 03-04-04. The orders have to be reasoned orders and also narrate facts and the process of drawing conclusions. Any scientist would call such orders passed as arbitary
5. As reported today in newspapers , Bar Council of Gujarat coming to rescuing the Gujarat based judiciary is highly deplorable and conveys a feeling that the Gujarat High Court is in collusion with these advocates. I feel that the CJ of Gujarat and CJI of Supreme Court of India has to come down heavily on Bar Council of Gujarat for advancing cause of the flaws of the Judiciary in Gujarat. The Bar Council of Gujarat is called upon to obtain reply from advocate Mr. Soparkar as I have filed complaint against him to the Bar Council of Gujarat in September 02 and the Bar Council dispatched the copy of complaint to Mr. Soparkar only in July 2003. I have furnished detailed reply to the Bar Council of Gujarat in September 2003 but they have not bothered to obtain a reply of Mr. Soparkar and furnish a copy of the same. This is how they protect their colleagues. They are not saints. In the process the Financial institutions lose crores of Rupees as Mr. Soparkar protects them in Gujarat High Court and the banking frauds do not get exposed.
6. I urge your excellency, that time has come for you to use a whip to control your horses- (meaning judges ,magistrates) so as to restore and enhance faith in the judiciary. You are Bhismapitamah of the country and you cannot take side of adharma by just being a spectator. The revolt of Bar Council of Gujarat has to be nipped in bud by taking harshest steps if required so as to save lives of common people in the state.. Besides, the justice Miss R. M. Doshit needs to be sacked for passing such arbitary, perverse and crisp orders. As the Parliament has been dissolved, you need to take such bold measures now. Best Bakery case involved deaths and the matter was exposed in media. But what about other cases in the courts where Gujarat High Court has behaved irresponsibly. Should the Supreme Court would come into picture after the fire has commenced and not act proactively.
7. I look forward to your early reply and we the citizens are given a fair treatment in the country and if you cannot give us a decent life as a Supreme Commander atleast have boldness and courage to shoot me so that I can look forward to a fresh life. Whether you realize it or not , our country is on fire on account of corruption, favoritism, inflation, indifference . It is upto you to open a third eye and that too before the elections, if you want India safe. Progress can come later. First comes thorough and detailed systems checks before the flight is allowed to take off. At present the situation is like UNSAFE AT ANY SPEED.
8. You are a very respectable and dedicated and compassionate father of the nation and I feel reluctant to utter these words. But it is my duty to utter these words because I have experience as how the Government machinery works.
“This is a story about four people named Everybody, Somebody, Anybody and Nobody.
There was an important job to be done and Everybody was sure that Somebody would do
it. Anybody could have done it, but Nobody did it. Somebody got angry about that,
because it was Everybody's job. Everybody thought Anybody could do it, but Nobody
realized that Everybody wouldn't do it. It ended up that Everybody blamed Somebody
when Nobody did what Anybody could have done.
9. I hope to expect your e mail in next two or three days. In case, I do not receive your reply, I would presume that you are not interested to listen to the woes of common persons like me.
Yours most respectfully,
P S. Mody
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