Saturday, June 05, 2004
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
EMAIL ON 18-3-2004 TO HONOURABLE ABDUL KALAM - PRESIDENT OF INDIA
FOLLOWING E MAIL SENT ON 18-3-2004
P S MODY
C/O S S MODY
BHRAMAN MITRA MANDAL SOCIETY
PALDI, AHMEDABAD 380 006
17-3-2004
The Honorable President of India,
New Delhi
Your Excellency,
Subject: personal experience of being victimized on account of my whistle blowing involving nexus between the advocates and the judiciary in ahmedabad and need for your personal immediate intervention to protect the undersigned and his family as well as to seek true justice from the court and expose great bank robbers, the bureaucrats, the advocates , the judiciary and the bankers
1. I most humbly request your excellency to have a personal look at the letter addressed to the Chief Justice of Supreme Court on 12-03-2004 and telegram dated 7-3-2004 and telegram dated 1-12-03 sent to the Chief Justice of Gujarat High Court. I have reason to feel that detailed steps taken would give tremendous boost to fight corruption ,sloth, indifference, harassment taking place in the country and would provide a platform for the children to sing a song of India and improve ethical standards and help break nexus between advocates and the judiciary and the bureaucrats . This is in view of the Chief Justice of Supreme Court of India feels powerless as reported in the press. On account of my act of whistleblowing, I was subjected to police remand in ahmedabad and also a false and frivolous case in the metropolitan court of Ahmedabad.
2. I also refer to your address to the judiciary in April 2003 highlighting need to simplify the process of justice where even the educated persons find it extremely complex and expensive. In case , we the true litigants cannot be given proper timely true justice, why are we not shot dead so that we do not have to lead a life of vegetable in the country and we can begin a fresh beginning of birth as children once again full of optimism. The government can spend large amounts on roads, for buying planes but the government does not adequate funds to modernize and improve the quality and quantity of judiciary. The sansad members has access to large funds and facilities but such funds cannot be arranged for the judiciary where by the wings of supreme courts can be brought in the campus of high courts.
3. There are many litigants who cannot afford legal fees of the advocates and some of them appear as party –in- persons like the undersigned. who have conviction of truth . We may lack the skills, speed and experience of the advocates, but that should not deprive us from getting justice from the High Courts. The judges of the High Court need to understand our limitations that we are not advocates and therefore be compassionate as well as patient before taking hasty decisions as apparent from the quality of crisp orders passed by the Learned Justice Miss R.M.Doshit- briefly stating :- “ Heard. No grounds for interference is made out and hence dismissed.” Which is in direct contrast to guidelines referred in a order by the Supreme Court of India stating “ failure to give reasons is denial of justice.” I am sure that with your scientific mind , you would be shocked , the way the orders are passed by the learned Justice Miss R.M.Doshit. It is high time that you need to use a whip directly against some of the judicial officers who behave irresponsibly and who do not have any yearning for true justice. The learned justice has not even called for written affidavits from the opponents and nor has she bothered to ask even one question to the opponents advocates. Your Honour would appreciate that in reality only the wealthy one can afford to hire advocates in Supreme Court of India. What about common persons who cannot raise funds. Even if legal aid is provided by the judiciary, the person needs to go to Delhi , stay in Delhi and sit with advocate and explain the matter in Delhi which itself would be considerable expense and many a times it may not be possible to raise funds in short time. These are harsh realities and needs to be changed radically. The meaning of justice is conveyed in para 5C of my letter addressed to the Honourable Chief Justice of India on 12-3-04
4. I know that you have genuine compassion for children but does it mean that elder persons who are the roots of the families should be neglected and not watered. It is because of the roots, the trunk , the true growth of flowers and fruits materialize.
5. Immediately after my dispatch of the above letter, the developments in the news paper prompted me to send a confidential telegram on 1-12-2003 to the Chief Justice of Gujarat High Court which was relevant in the above matter. The referred industrialist has been referred as great bank robber and the funds to the tune of Rs 750 crores of the financial institutions have gone down the drain while the promoter continues to take the judiciary and the government for a ride and no one has wisdom to probe the matter in depth. This is the loyalty of the judiciary to the common person. The great bank robber has amassed high personal wealth. When the judiciary lacks force to probe in depth to conduct of such great bank robbers, then it is best that the government, the parliaments, the judiciary are wound up.
6. Inspite of seriousness of the issue presented by me , which involved banking fraud, tax evasion by the great bank robber and his associates and lot of damage to my family for extortion of taxes and I being subjected to five day police remand , the learned chief justice of Gujarat High Court has simply ignored to look into the matter take the matter into consideration and I believe that the referred industrialist , that is a great bank robber has been granted bail in serious matter which involved amount of Rs 25 crores.. The contents of my letter were sufficient to hold the industrialist to remand so that clues to great bank robbery could be unearthed and the mischief by his high court advocate could be unearthed by interrogation.
7. This is one more incidence of nexus of advocates, large industrialist with the judiciary, the income tax department and police administration and because of their money power they are able to go scot free. While common persons like us are being victimized and harassed when we blow whistle against such industrialist, connected bank , connected advocate Mr. Soparkar , connected chartered accountant Mr. Kashiparekh and various tax officials of the income tax department and all including judiciary turn a blind to the petitions made as party in persons while the great bank robbers are heard by the Gujarat High Court even when they fail to pay electricity dues exceeding one hundred crores when Mr. Soparkar appears in the High Court.
8. You have rightly stated in the address to the judiciary in April 2003 about need for simplifying the process of justice stating that even the educated find the process too complex and too expensive.
9. I would like to draw your attention para of my letter dated 24-11-2003 to the Chief Justice referring case of defamation brought out against me by the company and who does not attend the metropolitan court for more than four years while , I being accused, I have to attend the courts. Such frivolous cases are burden to the overburdened courts. Besides , your excellency and the Chief Justice of Supreme Court have personal experience of what is happening at Meghaninagar court and does not need further elaboration.
10. I most humbly pray to you in the interest of common citizens as well as protecting the whistleblowers like us, the Honorable Chief Justice V.N.Khare of Supreme Court of India is specifically requested to make thorough in depth inquiry on this industrialist, his employees, the associated advocate Mr. Soparkar, the associated chartered accountant Mr. Kashiparekh , the advocate Mr. Kiran Bhrambhatt who appears against me in criminal defamation case against me. Just become we are common persons who approach the court for justice without help of advocates , our pleas and voices should not be neglected.
11. I would like to mention that I can no longer afford fees of advocates and I have stopped having any faith in conduct of the judiciary including the metropolitan court in Ahmedabad as they can be managed through advocates for a sum. I had such experience in 1999 when I was subjected to police remand by the employees of the referred company.
12. As it is an act of whistleblowing on my part to expose banking fraud and in a precarious situation of inability to defend my self with help of advocate, I most humbly request you to grant me immunity and full protection to me and my family through the Chief Justice of Gujarat High Court and the Chief Minister of Gujarat under your specific personal directions till the above persons and their associates are fully interrogated and copy of findings is made available to me.
13. I have reason to believe that your direct intervention only would be sufficient to shake and send shock waves in the judiciary in Gujarat, the advocates in Gujarat , the Police administration, the top officials of the income tax department, the banking industry , the central vigilance commission and would give a tremendous boost in eradicating corruption, sloth, indifference and introduce radical changes in the way the government machinery works. There is no harm in following Mr.. Ambani’s methods of sense of urgency, sense of persistence, sense of direct intervention so as to speed up the way the government administration works. Your direct intervention is necessary as you love children of our country. Any soft approach by you , would make children despise you at a later date. This is my personal experience. In case you hear my personal experience, you would weep and also would thank God that you are lucky that you do not have any personal family. I do not wish that any other families go through the experience that I have gone through as there is no one in the government who has compassion to listen ,time to listen, has receptivity to listen without any expectation in return. It is time that you need to take harsh measures and use reigns and whip directly as otherwise , the politicians , the bureaucrats, etc are going to sink the nation. Wisdom lies in managing a small leak in the dam, once the leak becomes more, it is difficult to control the situation. One has to see ,sense and feel the iceberg within the sea as otherwise our Titanic is going to sink as it is rushing towards Iceberg ahead. While the politicians want the citizens to enjoy –feel good phenomena.
14. I look forward to your personal protection so that the metropolitan courts do not harass me in order to protect the great bank robber on accounts of my whistleblowing and the Gujarat High Court conducts in depth inquiry of the conduct of the great bank robber and their associates.
15. As You are Bhismapitamah of the nation, it is my humble appeal to you to intervene a whistleblower like me on account of false and frivolous criminal case filed in Meghaninagar , Metropolitan Court and help me save my family’ s honour and request the Supreme Court of India to impart true speedy justice by protecting my interest and punishing the guilty as referred in my letter to the Honorable Chief Justice on 12-3-04.
16. In case you as Bhismapitamah of nation cannot save the honor of person being victimized ,-like draupadi , it is better that you have me shot dead so that the people in power can continue to enjoy their feel good factor.
17. I would be pleased to have your reply by email at my above email address or letter before it is too late.
Thanking you.
Yours sincerely,
P S Mody
Enclosures: 1) Telegram to the Chief Justice of GujHCourt on 1-12-03
2) Telegram to The Chief Justice of Supreme Court 7-3-04
3) Letter to the Chief Justice of Supreme Court on 12-3-04(NOT
APPENDED HERE)
Enclosure1
FOR PERSONAL ATTENTION OF
THE HONOURABLE CHIEF JUSTICE SHRI BHAVANISINGH
GUJARAT HIGH COURT
CONFIDENTIAL URGENT MESSAGE
IN VIEW OF MY REFERENCE LETTER DATED 24/11/03 ADDRESSED TO YOUR HONOUR
AND SUBSEQUENT REPORT IN LOCAL INDIAN EXPRESS PAPER ON 27/11 AS REGARDS
TO THE COMPLAINT LODGED BY THIRD PARTY IN ELLISBRIDGE STATION AHMEDABAD
YOUR LORDSHIP IS REQUESTED TO GIVE IMMEDIATE INSTRUCTIONS TO HOLD THE
REFERRED INDUSTRIALIST ON REMAND SO AS TO CONDUCT THOROUGH
INVESTIGATION ON HIM TO EXTRACT TRUTH FROM HIM AND INSULATE THE JUDICARY,
BUREAUCRACY IN CASE ANY INFLUENCE/ PRESSURE IS BROUGHT THROUGH
ADVOCATES AND POLITICIANS.ANY LENIENCY SHOWN ON HIM WOULD MEAN THAT ALL
OF US HAVE BECOME PAWNS OF SUCH WEALTHY INDUSTRIALIST WHO WOULD NOT
LET TRUTH TO EMERGE AND THEREBY ASATYA MEV JAYATE WOULD GAIN
ABSOLUTE CONTROL ON SATYA MEV JAYATE AND JUDICIARY WOULD NEVER BE
ABLE TO PROCLAIM THAT THEY ARE GUARDIANS OF TRUTH AS WELL AS LAW AND
ORDER WHILE DENYING JUSTICE TO ME AND OTHER SIMILAR CASES IN THE
COURTS.COPY OF THIS NOTE SENT ALSO TO THE HONOURABLE PRESIDENT OF INDIA
AS WELL AS THE HONOURABLE CHIEF JUSTICE OF THE SUPREME COURT OF INDIA
AS I AM INDEED SURPRISED THAT HE HAS NOT BEEN TAKEN ON CUSTODY TILL DATE
STOP PLEASE FORGIVE ME TO ADDRESS SUCH NOTE ON PRIORITY BASIS TO DRAW
YOUR ATTENTION
P S MODY
DATE: 01-12- 2003
ADDRESS:2ND FLOOR JANMANGAL APT
40 BRAHMAN MITRA MANDAL SOCIETY
PALDI AHMEDABAD 380 006
EMAIL: modypan4@yahoo.co.in
Enclosure 2 :-
HONOURABLE CHIEF JUSTICE KHARE
SUPREME COURT ,DELHI
DIRECT URGENT MESSAGE
REF: conduct of magistrate in meghaninagar in view of petition letter to CJ of GUJ HCOURT ON 24/11 TELGRAM 1/12 and letter January 04
Humble request to take direct immediate action without involving judiciary in Gujarat for safety of whistleblower trying to expose banking fraud
a) Hearing on defamation case 3326/99 in Metropolitan court 15 fixed for 20-03-04 is put on hold or dropped and initiate detailed vigilance inquiries on the top executives of the complainant and their advocate Bhrambhatt who are not attending the courts and provide reimbursement of legal cost and free legal aid
b) Protect undersigned while canceling orders passed under AFO 176/03 by Guj High Court and restoring the original injunction in civil suit 5827/01 while initiating vigilance inquiry on all the concerned judicial officers and interrogate Chairman Bhrambhatt of Bar Council of Guj in relation to complaint file 38/2002 on advocate Soparkar
Allowing industrialist defrauding banks of over five hundred crores to go scot free with help of services of the advocates shows that judiciary in Gujarat is blind and non-receptive and has no basic understanding of law and order stop letter follows
P MODY
40 BMM SOCIETY PADI
EMAIL ID : modypan4@yahoo.co.in
Date: 7-3-04 Place:ahmedabad
Enclosure 3
