After my plea to the Hon'ble Judges of the Supreme Court as mentioned in the previous blog, finally, the hearing started in the trial court. I was arguing my own case. I realised that the trial court was conceding to even illegal and unlawful demands of the prosecution. I then wrote a fact-based letter to the Hon'ble Chief Justice of India, making him aware of how I was held in Judicial custody, where the fact is that NO COURT has any formal case against me. No legal case means no legal case. Even today, no court has any legal case against me. I am NOT a listed accused of the offences of IPC, hence the Police FIR case 42/2006, Special Cell Delhi has no value. No court took cognisance of offence against me in the FIR case. The court is said to have (it is because neither I nor any of my representatives were present in the court) taken cognisance of offence against me on the basis of a so-called UNDATED complaint. But there exists no such complaint in any records of the court. The attempt by the prosecution to merge this complaint case with the police FIR case had failed to convince the courts. Thus there exist no complaint case number against me. Nor any such complaint served on me. This is basics of anglo-Saxon jurisprudence followed in India, it is mandatory to make that accused FORMALLY aware of the allegations against him/her. Hence I am neither an accused in Police case and nor there exists any complaint case on records. Even if after bringing this to the notice of the courts, they have not let me go and kept me in unlawful and illegal custody.
It was only after this letter to the Hon'ble Chief Justice of India, that I got bail.
( I also wrote to the Law Minister and several prominent journalists. I will share these letters too in near future)
Please read on and comment
I am grateful to my wife, Sweta, who diligently visited me twice a week for almost 4 years (travelling under all weather conditions from Rohtak to Delhi) took all letters, photocopied and posted. There are about 300 total documents on which she worked. I will post many of them here to show how we fought back.
