Okay, so this is what it is w.r.t the Mumbai Airport case: Orders staying the FIR (and thereby the investigations) were passed on 13.11.2014. (Can be accessed at https://dropbox/s/edbjm4rwmo8zk1y/Bombay%20HC%20Orders.pdf?dl=0) On 18.11.2014 “Speaking to the minutes for correction of order. On 24.11.2014, the matter was listed for hearing, if the status page of the Bombay High Court is to be believed. . However, despite this, the matter did not appear in the Causelist; it did not come up for hearing at all. (Link to status report is https://dropbox/s/936ggbte4f7hzw8/Case%20Status%2020112014.pdf?dl=0 and the link to the Causelist is https://dropbox/s/f0glqgrgxjc74vn/Causelist%20Bombay%20HC%2024112014.pdf?dl=0) The next date shows as 11.12.2014 as per the status page of the Bombay High Court. (Link https://dropbox/s/c1jmy0g9rkw9jcm/Case%20Status%20-%20Bombay%20HC%2006122014.pdf?dl=0) However, the matter does not appear in the Causelist. (Link https://dropbox/s/mn9cxdx7qdldnze/Causelist%20-%20Bombay%20HC%2011122014.pdf?dl=0) No prizes for guessing that since the accused have got the order stayed, there is no hurry whatsoever in getting the court to hear the matter. And in a matter concerning Rs.28,000 crores. The actual figure is much higher, but am waiting to officially get the relevant documents before making further allegations. Given the situation, this is my plan: We, as in we the general public, need to act. Just mere words of encouragement have taken this case thus far. It now needs concrete action by the public if you are as aggrieved as I am with this loot of public money. We need to write to The Secretary General of the Bombay High Court, The Chief Justice of the Bombay High Court, The Chief Justice of the Supreme Court and the President of india about this. A sample letter, a general guideline is appended below. You can reproduce the letter verbatim if you so desire. Sirs, I write in utter anguish at the way Justice Anuja Prabhudesai and Justice VM Kakade of the Bombay High Court have laid postrate to the demands of those who have made off with about Rs.28,000 crores of public money. We are not saying this, please refer to Performance Audit Report No.15 of 2014 titled “Report of the Comptroller and Auditor general of India on Implementation of Public Private Partnership project at Chhatripati Shivaji International Airport at Mumbai for the year ended March, 2013” which was laid on the table of Parliament on 18.07.2014. The Ld. Magistrate, in the due exercise of powers u/s 156(3) of CrPC, 1973, vide her Order dated 11.10.2014 was, inter alia, was pleased to direct the Airport Police Station to investigate the complaint. The Petitioners on about 13.11.2014, appear to have taken Production of the aforesaid Writ Petition; and it further appears that the Hon’ble Bombay High Court have granted them Ad-Interim relief in terms of Prayer Clause (d); and whereas the Petitioners have yet not served the copy of the Petition upon the Applicants / Respondent No.2, it is not clear what is the case of the Petitioners and what relief they are seeking. And now, having stayed the order of the Ld. Metropolitan Magistrate the Bombay High Court is merely giving an impression of dates upon dates; no hearing is being held and in fact though the status of the case shows newer dates being given, the matter does not appear in the cause list. We do not know whether Justice Prabhudesai and Justice Kanade have peddled justice; after all, Rs.28,000 crores is a lot of money. What we do know for sure is that the public is being taken for a merry ride by the Bombay High Court. A copy of the status reports and the causelists is attached for ready reference. Given that the next date for hearing is listed as 11.12.2014, the causelist that has been released should be suitably amended so as to accomodate this Criminal Writ Petition No.4265 of 2014, not just in the interest of justice, but also to ensure that the faith of the people in the Judiciary does not suffer an insufferable blow. After all, justice does not only have to be delivered; people also need to feel that justice is INDEED being delivered. Also, since both Justice Prabhudesai and Justice Kanade have not followed even the basic tenets of natural justice, the case should be heard by another bench who will not only be impartial but will also seem to be impartial and acting in the interest of justice. Rs. 28,000 crores, as mentioned earlier, is a lot of money - enough to buy the loyalties of even my Lords IF they have feet of clay. We shall watch whether the independence of the Judiciary is under threat only when the Collegium system of choosing judges is to be dismantled or whether the Judiciary is equally willing to rise to the occasion to protect the interets of justice. Thanking you. With regards, (Name) Either a lot of us do this and we achieve critical mass which forces the Court to stop protecting the accused and act in the interest of justice. If that does not happen, the number of people writing in does not measure up, we will know this is not in public interest, it is only a few private individuals who are aggrieved. In which case, we could up the ante and use the ‘compromising information’ I have for private interest. It becomes a win-win situation. Heads, we win, tails they lose.
Posted on: Sun, 07 Dec 2014 03:50:52 +0000
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