Fundamental Rights violation by Courts

 

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. 

When Home Minster Conceded Regarding My Duties to Indian Express - Submission in the Court

This has been my arguments from the very first day was that I did nothing beyond my assigned duty. Before 26/11, I had sent a detailed letter through Dr S. D. Pradhan about terror threat and how to stop terror attacks. Then 26/11 happened and Mr P. Chidambram became Home Minister. He gave several interviews at some places quoting sentences from letter verbatim. 

Below is a submission I made in the Court and on 30 Sept 2009. The government did not respond or denied my submission. 

Link for this interview

https://indianexpress.com/article/news-archive/web/there-are-leads-on-hafiz-saeed-which-amount-to-evidence-if-these-are-confirmed-by-pakistan-it-is-hard-evidence/

Mention-in-Court of the Hon'ble Supreme Court dated 06.04.2010

 My world came tumbling down on 01 July 2006, when I was put behind bars for performing my duties. I was accused of going against my nation, which was and is against the very core of my nature. I joined the National Defence Academy at the tender age of 17 1/2 years when I did not even reach the age of voting. At NDA, the colour of my blood was changed to the tricolour. Over the period, I kept my knowledge at best by pursuing MBA and MCA of my own, while Navy trained and gave me MSc Degree. I will discuss the NSCS (fake) leak case separately. The fact was that by early 2010, I had spent almost 4 years in Tihar jail. My bail was rejected by Hon'ble Delhi High Court. Hon'ble Supreme Court also did not grant me bail even though the case had no grounds except manufactured evidence. Probably the Supreme Court was not keen to spend time to dwell upon the evidence, hence ordered the trial court to look at my bail petition afresh, without being influenced by the judgement of Hon'ble Delhi High Court. By this time, I was l almost broke due to fees paid to the advocates, funds were just sufficient for the survival of my family. Hence I decided to fight my own case. There were other reasons too, which I will share as we go forward. Despite all evidence in my favour and a clear case of forgery by some police officials, the court was not comfortable to grant bail because of trail judges were ( probably are) afraid of Special Cell of Delhi Police. Hence I decided to write to the concerned bench of the Hon'ble Supreme Court to make them aware of the non-compliance of their orders. 

Here is the copy of the Mention-in-Court, I wrote on 06.04.2006 to the Hon'ble Supreme Court Bench of Justice P. Sathasivam and Justice H.L. Dattu. 

Enclosure 1

The Supreme Court Order dated 26.02.2010

Enclosure -2 

Statements and views of Eminent Personalities on

The Official Secrets Act., 1923

Enclosure -3

Indian Express News Article dated 28.04.2009

Tags: #Justice, #SupremeCourt #jail #arrest #NSCS #Spying #Fight back #battle #FakeCase