Supreme Court

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May01, 2009 Hon’ble Chief Justice, Supreme Court of India, (now, K.G. Balakrishnan) Supreme Court of India, New Delhi, India Questionable judgement by Justice Ashim Kumar Banerjee, J and justice Tapas Kumar Giri .J in Kolkata High Court Writ (MAT No. 3140 of 2003 and Appeal FMA No.1040 of 2007. Dear Hon’ble Mr Chief Justice: (now, Hon'ble Chief Justice K. G. Balakrishnan) Sub: Indian judiciary and their associates particularly in this case Kolkata High Court have they got vested interest not to pass judgment in above writ (if it is of any value) compelling me to spend umpteen millions through the process, which I don't have nor can I afford to approach to you through the legal system of India and I can not access the SCBA through electronic media and who knows like the system in India they care to attend to my written request sent through India postage. Your Honor: I am a NRI of more than 70 years old. Having aspired to set up an industry in West Bengal in 1982 I was jailed, tortured, and what not. Since Indian system does not maintain a IT based data bank everything needs to be proven with paper, which you’re more than aware of can be fabricated for few rupees and or influence. Kindly help me by taking suo motto actions: Asking for kind action for the sake of humanity..

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1.When no local glorified titled public servant took any remedial

measures and not even had the courtesy of replying my letters, I filed a writ MAT NO. 3140 in 2003 and without going through the contents of the Writ filed under 226 of the Constirution of India, the writ was disposed of by Justice PInaki Chandra Ghose without showing any valid reason/s.Appeal W.P. 8826(W) of 2003 was disposed of by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri and the matter was referred to local public servant, District Magistrate and handed over to me on 20/8/2007. In my writ it was irrefutably proven that the Kalyani Municipality violated the provisions of IPC and whereas the local police politely indicated their helplessness in the matter, the lower court took remedial measures, the way it should be. I'm quite aware of the realities in West Bengal and also aware of the law that judges(in line with the practiced unaccountability in Administarion) are not legally liable for accountability. 2.Judgement in my opnion, should be clear and explicit like in

many civilzed countries and the aggrieved individual by the the State Administration (in civilized countries in my experience hardly any, but if there are) always are looked after by the justices. Why the matter was referred to District Magistrate when in the first place as substantiated and irrefutably proven in my writ that no local glorified titled public servant, DM, SDO, Transportation Department, Environmental Protection, etc., did give a damn about my complaints which was also published in the daily English News paper from Kolkata. DM, Nadia informally intimated that he can do nothing about it. 3.To my experience and to the experience of Millions of the world, Indian public service hardly provide any service to the public, excepting the Indian VIPs and their stooges.

Asking for kind action for the sake of humanity..

3 4.So, nothing had happened. Criminal activities/illegality, as

irrefutably substantiated in my above writ along with video photography (sent to the Chief Justice Hon'ble Nijjar by registered post) as it appears to the world is imbibed in local society and continues unabated. Indian press is full of it and it transpires to all, that the definition of democracy in India, as I have read in the press, including the statements of Supreme Court of India benches transpires to quote " for the criminals, by the criminals of the crimin......"(?) 5. You are quite aware of the judiciary system of the civilized world and their effectiveness. 6. Your Honor, I’ve not seen or heard that in civilized countries where there are no VIPs and what not as in India, Supreme Court of a country hears bail petitions as is done here. Nor does Supreme Court of High Court of a country entertain every petition from the proven/unproven criminals. 7. But, as witnessed by me in civilized world, higher/highest court of the country establishes the right of the common man. 8. As per laws of India, as I know, the existence of right is thus the foundation of a petition under Article 226 State or Orissa v Ram Chandra Dev, AIR 1964 SC 685, and for years rights of the residents of Kalyani have been violated with impunity. And as irrefutably proven in my above writ there are (exception I found one) no glorified titled public servants dare remedy the situation. 9. As stated to be local legal professionals (as they claim and have sucked millions from me),the next course open to me trying to get justice by the Inldian System is to file a contempt case and then proceed to Supreme Court. I am afraid, to my opinion based on the civilized democratic system enough is enough, and I don't have unaccounted assets like most locals to get it to the Supreme court of India to feed the local system. Asking for kind action for the sake of humanity..

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10. In the above judgment as in item 1, the judges of Kolkata High Court stated that, quote, "The municipality, however had changed their policy and was trying to allow commercial activities to be carried out near his residence" . This is just one point of the writ which the judges have rightlfully partially observed disposing the application without costs and evading the following points of the writ: (partially for the fact, I never mentioned near my residence, rather the whole Municipality of Kalyani). In this context, may I politely mention that the Delhi High Court and Supreme Court of India got rid of immovable assets of Indian glorified titled Indian public servants and that of Indian Billionares built at New Delhi. For your kind information Kalyani Municipality earlier known as Kalyani Notified Area Authority presumably under the Act of India with a Master Plan of the Notified Area Authority and was founded by Late Doctor (Medicine) Bidhan Chandra Roy. Points of the writ evaded by the Kolkata High Court. Quote: “Writ: MAT 3140 of 2003, and Appeal F.M.A no. 1040 of 2007-Kolkata High Court. a. The judgment of above writ MAT 3140 of 2003 was rejected by Justice Pinaki Ghosh was rejected and appeal F.M.A. no. 1040 of 2007 was pushed to the District Magistrate by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07. b.

Right to live in peace

Judgments did not take into consideration of the safety and peaceful living of NRI Aurovindo Choudhury as was evident on the writ petition item 3, 4, 5,6,7,8,9,10. and did not order any protection to the applicant or compensation for the sufferings and harassment to the petitioner. No Protection was provided to the petitioner. c.

Environmental pollution and malpractices to create 1Environmental hazards by the Kalyani Municipality.

1Asking for kind action for the sake of humanity..

5 Item 12, 13, 14, 15,16 are clear intentional violation of the above acts and many other criminal acts.

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Arbitrary changing of Master Plan in line with local practice, presumably for money.

Item 17,18 are clear examples. In this context the petitioner’s observation is that Supreme Court of India has ordered that no master plan can be changed..

Locals of India in one pretext or other in the days past, even by extortions openly committed have sucked millions from me. Your Honor I had worked for a living and don’t have any ill got money as rampant in India. I survive only on pension from Canada. May I request you to please intervene and provide justice? Please allow me to provide a quote from Indian Law Books, quote "power under article 226 is designed to effectuate the law to enforce the rule of law and to ensure that several authorities and organs of the state act in accordance with law. Union of India v Kirloskar Pneumatic Co. Ltd., (1196) 4SCC 453: AIR 1996 SC 3285. With humbleness I quote another quote from Indian Law Books, quote "No one should be allowed to suffer for act of court State of M.P. v M.V. Vyasaya & Co., (1997) 1 SCC 156: AIR 1997 SC 993. Just a kind reminder from a quote of Indian Law Books, quote "Writ application is a public law remedy". I pray to God that justice prevails in India particularly to me and I request you to be God sent messiah in this instance.

Asking for kind action for the sake of humanity..

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With kindest regards and salutations, Yours truly,

Engr. Aurovindo Choudhury, C.Eng., FIE for life,(India, Bangladesh), VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US),MCIMM, MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec with jurisdiction of all the countries of the world, a grandson of the Her Excellency Shri Shri Ma Anandamoyee.

Address: B-6/108 Central Ave., West, Kalyani 741235, WB, India. Email: [email protected] In India Tel: (033)64153255. Attach: Copy of Judgment of the Kolkata High Coourt.

Asking for kind action for the sake of humanity..