LETTER TO HONOURABLE CJI KHARE OF SUPREME COURT OF INDIA
BY SPEED POST AD
TOP PRIORITY
P S MODY
C/O SHRI S S MODI
JANMANGAL APT
40 BMM SOCIETY
PALDI
AHMEDABAD 380 006
Email id:
modypan4@yahoo.co.in
12-03-04
FOR KIND PERSONAL ATTENTION OF:
THE HONOURABLE CHIEF JUSTICE, SHRI V N KHARE
SUPREME COURT OF INDIA
NEW DELHI
RESPECTED SIR,
REF: MY TELEGRAM DATED 7-3-2004 (enclosure 2) , regarding
nexus of Mr.
TRIVEDI , (Magistrate, METROPOLITAN COURT NUMBER -15 at
Meghaninangar in Ahmedabad ) with advocate Mr. KIRAN
BHRAMBHATT affiliated with advocate FIRM M/s D.K.Shah
Associates and complainant company Core Health Care Ltd in light
of my petition letter dated 24-11-03 addressed to the Honourable
Chief Justice Shri Bhavanisingh followed up by telegram dated 1-
12-03 and subsequent letter in January 2004.
1. This is in reference to my telegram sent on 7-3-04.
2. On account of special circumstances, I am compelled to begin with a quote from from speech of William Lloyd
Garrison:- “ On this subject, I do not wish to think, or write, with
moderation. No! no! Tell a man whose house is on fire, to give a
moderate alarm: tell him to moderately rescue his wife from the
hand of the ravisher, tell the mother to gradually extricate her babe
from the fire into which it has fallen-- but urge me not use
moderation in a cause like the present. I am in earnest—I will not
equivocate—I will not excuse--- I will not retreat a single inch---
AND I WILL BE HEARD.” To this I will l add, I will be heard with
receptivity, dedication , patience, compassion and impart true
justice to the undersigned and his family on account of
harassment from employees of Core Health Care, the management
of Core Health Care , the advocates of Core Health care and the
chartered accountants affiliated with Core Health Care. The
harassment has happened in form of police remand and methods
of extortion used by the income tax department for demanding
taxes and has created havoc and fear in the minds of my
immediate personal family members and virtually disintegrating the
family. As a head of the family, should I not get in touch with the
Chief Justice to unite back and create confidence to remove fear
from their minds when they were gripped with fear , when I was
held for police remand on account of corrupt judiciary managed
by the advocates such as Mr. Kiran Bhrambhatt and Mr. Ashok D.
Shah. It is high time that such advocates are given a lesson so
that the other advocates in the country feel reluctant to get
favourable orders from judiciary with a view to earn fees.
3. The judiciary of Gujarat need to feel ashamed when
they do not
have keenness and yearning and thirst to catch the great bank
robbers like Core Health Care (where, Banks, FI’s have lost Rs
750 crores and still manages to live lavishly and control huge
assets base –thanks to blind judiciary in Gujarat, corrupt
administrators and influential advocates)their promoters Mr.
Sushil Handa when a person like the undersigned come directly
to
appear before the Gujarat High Court in the appeal from order
176/03 and civil application 3110/03 as party in person and the
learned justice does not have the receptivity and patience to
understand the matter in depth , when I blow a whistle to
expose their acts of banking fraud done in connivance with the
employees, advocates, chartered accountants and bankers
while
being protected by the income tax department and the judiciary .
Do the judiciary of Gujarat act as Shikhandi protecting the
great bank robbers and their employees. Insanity, said Lord
MCNAGHTEN is the incapacity to distinguish between right and
wrong. The judges for some reasons feel compelled to be
receptive to the Honorable advocates like Mr. Saurabh Soparkar
appear pleading for the companies who have defaulted on
payment
to the Gujarat Electricity Board for over one hundred crores. But
when we the common person appear before the learned
lordship of
Gujarat , we are not hold in high esteem.
4. Our President of India in his presidential address in
April 2003 has aptly narrated that even the learned and educated
people find the process of justice to be very complex , time
expensive and extremely expensive and has the capacity to turn
a person into a pauper , dividing the family and lose respect in the
society. Like Mark Twain said:- “ A lie can travel half way around
the world while the truth is putting its shoes on “ and in process,
the judiciary makes a person pauper that he does not have any
capacity left to buy a pair of shoes to visit the courts and pay for
legal costs , typing expenses and xerox expenses and
Still has to bear the cost of transportaion. This is the respect for
whistleblowers, the lower judiciary has. I would like to you to
appreciate that , with great difficulty I am raising funds for cost of
typing and also manage cost of postage for mailing it to the courts
in order to protect myself to save my family from disaster.
5. The functioning of judiciary and process of justice
can be aptly narrated in following manner:-
a. The process of justice is like rowing a boat(court)
with help of boatman ( meaning advocates) which remains
anchored to one side of the shore. At the most , one moves from
one boat to another , or change boatman. No one realizes that it
can ever reach to opposite shore of satya as long as the
judiciary wants the boat remained anchored to asatya . But in
anxiety one goes on paying to boatmen for his service charges
and empty promises.
b. The judiciary in Gujarat needs to lift themselves
above the clouds or be patient to let the clouds clear on its own to
see sun. At night in a feeble light, one sees a snake instead of
rope but when one lights up the room, one can realize that it was
not a snake but a rope. The undersigned has given clues in form
of feeble light torches in the civil suit and the appeal from order so
that the judges can force the defendants to illuminate ever aspect,
dimension and facet to full light and the judges would have that
much understanding as to that the defendants and their
advocates are not going to take such initiative on their own where
by banking fraud would get exposed.
c. The judiciary in Gujarat needs to grasp the concept
of justice and a few quotations are referred to refresh the
judiciary in Gujarat so that common persons are given dignity and
respect when they appear before them.
i. Justice is about listening:- If one really wishes to
know how justice is administered in a country ,one does not
question the policeman, the lawyers and judges or the protected
members of the middle class. One goes to the unprotected-
those,precisely who need the law’s protection most and listens to
their testimony-James Baldwin
ii. Justice is about conscience:- “ Justice is conscience,
not a personal conscience but the conscience of the whole of
humanity. Those who recognize the voice of their own
conscience usually recognize also the voice of justice” Alexander
Solzhenitsyn
iii. Justice is about Government:- “ When any of the four
pillars of government , religion, justice, counsel and treasure are
mainly shaken or weakened , men have need to pray for fair
weather.” Francis Bacon.
iv. Justice is about common sense:- “ Justice being
destroyed , will destroy , being preserved will preserved. It must
never therefore be violated.” -Manu
v. Justice is about power:- All goes awry and lawless
in the land, where power takes the place of justice.”-Margret of
Austria
vi. Justice is about democracy:- “If we are to keep our
democracy, there must be one commandment . Thous shall not
ration justice.”
vii. Justice is about freedom:- “When there is no justice
in the land, a man’s freedom is threatened. Freedom and justice
are interdependent. When a man has no protection under the law it
is difficult for him to make others recognize him”.
viii. Justice is about truth:- The world rests on three
things, justice, truth and peace. The three are really one, for when
justice is done, truth prevails and peace is established.” -Talmud
ix. Justice is about commitment:- The law is not the
private property of lawyers , nor is the justice the exclusive
province of judges and juries. In the final analysis, true justice is
not a matter of courts and law books but of a commitment in each
of us to liberty and mutual respect”.Jimmy Carter
x. “Who shall put his finger on the work of justice and
say, Is it there”? Justice is like the kingdom of God –it is not without
us as a fact, It is within us as a great yearning.”-George Elliot
xi. Its about despair:- “I firmly believed all along that the
law was on our side and would, when we appealed to it , give us
justice. I feel torn of that belief and utterly discouraged and just
now, if it were possible, would gather my race in my arms and fly
away with them-Oh God, is there no redress, no peace, no justice
in the land for us?”
xii. It’s about nations:- “Justice is the bread of a nation. It
is always hungry for it”.
6. Briefly stated the facts are as under:-
• The Learned Justice Miss. R.M.Doshit on 24-06-03
passed orders (enclosure 3) in the appeal from order 176/03
stating “ Heard. No grounds for interference is made out. Hence ,
dismissed.”. In this matter, I had appeared as party in person for
want of funds and any advocate hired by me would have been
easily purchased or influenced by the advocate Mr. Soparkar to
protect himself for his illegal acts and guard his client from their
acts of fraud.The learned justice Miss R.M.Doshit could have at
least taken the trouble of looking for needle right on the desk in the
front (that is by studying case matter appeal from order) instead
of looking for needle outside the room. The learned justice ought
to have realized
(i) “ The smallest fact is a window through which
the infinite may be seen.”= Aldous Huxley.
(ii) Clever liars give
details, but the cleverest don’t . Her experience as a lawyer and a
judge would have taught her that the advocates of defendants in
appeal from order 176/03would be following a dictum “ Don’t
decide what you don’t have to decide – that is not evasion, its
wisdom.”
(iii) It is easier to perceive error than to find truth, for the
former lies on the surface and is easily seen, while the latter lies in
depth, where few are willing to search for it- Goethe.”
• Bar council of Gujarat initiated inquiry against
connected advocate Mr. Saurabh Soparkar only after orders
passed under the above appeal from order 176/03 on 24-6-03
even though the complaint was filed with them in September 2002
and thereby protect Mr. Soparkar and so as to deprive fair justice
to the undersigned. Common man cannot expect any justice from
the courts, when advocates protect their fellow advocates as
evident from action on press reporters by the advocates in
Meghaninagar. Such actions even scare the members of judiciary
to take impartial stand where senior advocates are involved.
• As the Bar Council nor Mr. Soparkar did not give
reply to my reply in September 2003, a petition letter was written
addressed to the Chief Justice of Gujarat High Court on 24-11-03.
(Enclosure 4)
• In view of press report in Indian Express on 27-11-03
(Enclosure 5), a telegram was sent to the Chief Justice on 1-12-03
(Enclosure 6) drawing his attention of criminal case filed by third
party against Core Health Care who has been referred as great
bank robber so as to hold him on interrogation for large financial
lapses especially when the small guys like undersigned are hold
to police remand with help of metropolitan courts without
verifying the details of the complainant in depth on account of
nexus between the judiciary and advocates such as that
experienced recently by you .
• In view of judgment pronounced in Supreme Court of
India in December 2003 and reported in newspaper (Enclosure 7)
stating that “failure to give reasons is denial of justice , a copy of
the same was marked to the Chief Justice of Gujarat High Court
vide letter on 4-1-04 (Enclosure 8).
7. In view of silence on the part of the Honourable Chief
Justice of Gujarat High Court and unusual development in criminal
defamation case 3326/99 taking place after my letter to the
Honourable CJ of Gujarat High Court on 24-11-03, I had reason to
be concerned about strange and mysterious attitude of the
Magistrate of Metropolitan Court 15-Mr. Trivedi (Enclosure 9 gives
preliminary background as regards to defamation case 3326/99 )
which has shocked me and alerted me to send SOS telegram to
you honour (Enclosure 2) so as to protect myself as well as my
close family on account of my personal experience of being held in
past by this group for police remand in December 1999 on
account of nexus between the courts ,the advocates , and others
without making sufficient inquiries on Mr. Jatin Jalundhwala and
Mr. Ameet Desai, employees of Core Health Care who initiated
such complaint. This is one more incident , that metropolitan court
are blind and the accused like me are helpless to defend
themselves of allegations and this is exactly what the press
reporters of Zee Tv wanted to convey to the Supreme Court and
the President of India as the practices used by the advocates,
parties and the courts to trap the innocent without making in depth
inquiries and take a coherent view before subjecting a person to
police remand.
8. On account of indifference , delay and lack of
understanding of the courts, I have faced further complications
and damage and multiplicity of legal proceedings on account of
coercion and extortion methods employed by the income tax
department to recover taxes from my family members and greatly
disturbing the financial health of my family and causing severe
bitterness amongst family members on account of my
incompetence to manage simple legal issues on account of
corrupt, indifferent judiciary in Gujarat State who are in hot hurry
to pass judicial orders by accepting the meals of case material in
form of salt and pepper only. It does not matter, that the sabzi,
dal , rice, vegetables are not served. . Should the judiciary be
contended with such salt and pepper being served as full
meals ? , when the defendants in the appeal from order 176/03
do not file written affidavit and also do not furnish documentary
evidences deliberately.
9. The judiciary in Gujarat does not have simple
understanding that the advocates and the defendants in appeal
from order do not want to produce all the documents of
ownership whereby the decision can go against them. It is the
judiciary who needs to compel them to furnish such documentary
evidence at right time so as to prevent the evidences from being
fabricated or manipulated or concealed or created afresh. Just
sheer presence of senior honourable counselors like Mr.
Saurabh Soparkar is sufficient enough to restrain the orders
passed by the city civil court and also prejudicing and scaring the
minds of the judges city civil court when the parties straight
away file revision application to the initial injunction orders passed
by lower city civil court judges resulting in biased judgment
orders to guard their own safety.
10. Your honour would appreciate that your position
saved you from being victimized from falsely being implicated in
a case launched against you and the President of India. However,
this was nature’s subtle whistle for the ears to listen , to reflect
and to look for its meaning and message transmitted. directly .
Most of the time , all of us ignore such subtle messages sent out to
each of us directly or indirectly by God and we ignore these small
sparks of light to expand our consciousness .Nature has chosen
you and the President of India to communicate message by
deliberately giving a JOLT because you have potential and
sensitivity to implement the message to clean the judiciary BY
USING A WHIP and all you need is courage and boldness to
remove rot.
11. Bhishmapitamah and Drona showed helplessness
inspite of their inherent capacity to use power for a noble cause
but preferred to remain spectator , when Draupadi was being
disrobed by Dushashana and thereby sowing seeds of anger to
fight back which lead to Kurushektra and both Bhismapitamah and
Drona suffered because of their reluctance to act on account of
sense of blind loyalty Dhitrashtra. In our country, so many families
have been destroyed on account of falsely being implicated by the
bureaucrats, judiciary for protecting Dushashana and unless it is
checked , a day is not too far when the temples of justice are
going to remain safe as can be predicted from the actions on
Godhrakand, best bakery, parliament and in akshardam. It would
be too late , if one goes to dig a well , when the house is on fire.
Prevention is wisdom . Bhisma ,Drona and Dhitrashtra could
have prevented Kurukshetra and in process could have saved
themselves when Lord Krishna goes to meet them putting aside
his ego to avert war.
That day is not too far that when you as Bhismapitamah of
judiciary along with other members of judiciary as Drona with all
good intentions their hearts , would meet the same fate as original
Bhismapitamah, Drona who remained and stood as spectator
when Draupadi was being disrobed right in their presence. They
were true lions – capable of restraining, Duryodhana, Karna,
Shakuni . You also have the same inner potential within you to
open third eye of Lord Siva, to eliminate rot of corruption ,
incompetence and rot existing in judiciary and in bureaucracy.It is
common citizens who will give all the support you need and I
therefore, urge you to change your mind set and shed the feeling
of powerlessness. When , the Chief Justice of India proclaims
powerlessness inspite of having power , it is like fish in the sea
stating that it is thirsty. When one is fighting for oppressed to
remove adharma. God will give all the support you need. Even if
God does not give help, it would be God who would be ashamed
that he is not protecting the people who fight for truth to protect
the good and destroy evil.
Draupadi need not be a female character, it can be both male and
female- in a helpless situation and in a position of despair and you
will take steps to restore dignity and respect of the undersigned
who has played a whistleblower to the banking fraud committed
by the employees of Core Health care who are avoiding to submit
all the documents of ownership of company such as minute book
records, the audited balance sheets, their auditors certifying
ownership of the companies and so on. By shielding such
bureaucrats, the judiciary, the advocates, the great bank robbers ,
one is giving birth not to one Pandav family but in thousands
which will devour to eliminate the mighty, competent and the good
persons like Bhismapitamah. Even , if one looks to the recent past,
the second world war could have been averted , if Hitler was
restrained by Britain and other countries just after Austria was
taken over and not wait till other countries like Poland ,
Hungary being taken over. Churchill warned before he became
Prime Minister that , if one remains silent spectator , the day is not
too far, when Britain would also face wrath of Hitler. Those of
lower judiciary need to have such vision and foresight to acquire
by developing fluidity, receptivity, innocence , inquisitiveness of a
child and lift the veil of knowledge existing in mind which
constricts thinking ability.
12. Your understanding and experience would be far
more than mine to take right actions by drawing inspiration from
two slokas of Bhagwad Gita as repeated under:-
a. Yada yada hi dharmasya glaanir bhavati
bhaarata ,addhyuttanam adharmyasya tada mananam
srijamayaha meaning – during chaos , a responsible leader
emerges on his own initiative . During chaos, nobody delegates
but one person takes up total responsibility to remove the wrong
and reestablish right. This , he does on his own initiative. Initiative
is the key in chaos.
Parittanya sadhunam vinayaashyacha dushkritam dharma
sansathapan aarthaya sambhavaami yuge yuge meaning to
protect the good and right men, to destroy the evil and wrong of
men to establish the right at each stage, I occur at right time, age
by age. From time to time, any situation detereiorates and good
systems become ineffective or even harmful due to wrong
practices. At this point, when things seem to be boiling a
courageous leader stands up from nowhere and takes the
positive-active-timely-effective approach of “now, here, in this
situation, I and I alone shall take responsibility to remove the evil
practices and to establish right practices. A responsible leader
corrects wrong and protects good. One acquires vishad of
Arjuna in a battle field when one has to fight with the colleagues
such as judiciary and the advocates who are close day in and day
out but one has to shrug off such feeling of identification in the
interest of restoring law and order situation of the country. In
case the supreme court does not restrain the judiciary of courts
below Supreme Court, the judges would the Supreme Court would
not be able to take the stress of overload.
13. As I am a whistle blower trying to expose the
banking fraud of one great bank robber such as Mr. Sushil Handa
of Core Health Care causing financial institutions to lose Rs 750
crores while he maintaining a lavish style – your urgency is
needed to take him and his colleagues by surprise and in the
process punishing the members of judiciary, advocates ,etc and
this would go a long way to restore faith and enhance prestige of
judiciary and would put lower judiciary on toes . Catching only
one Saddam was enough to change heart of Gaddafi- and that of
great bank robbers too . Such sweeping actions would improve
the image of the judiciary -not till then.. I once again request you to
take appropriate steps as suggested in para 1. The contents of the
letter has been released to media but put on hold so as to give
you just adequate time to catch hold of the referred persons in
para 1. And like Brutus is a honourable man- take these persons
to the common men of the country – and all the common men
would give all the power you want to do but feel helpless or
deprived. I am sure you would like to take the credit of doing such
noble work without hesitation. Lord Krishna is not going to break
his vow once again to fight –helpless Karna . He counts on
people like us to punish evil . You do not have any choice left any
more.
14. You may choose to shoot me, I do not mind that. I
would rather prefer a fresh beginning of a new birth instead of
living a life of a vegetable in a country where the judiciary does
not have respect for common persons but has respect for
advocates and great bank robbers and the bureaucrats. With the
parliament dissolved, this is God sent opportunity given to you to
remove rot in lower judiciary including the high courts instantly and
without wasting time. Such sweeping and radical changes would
have the impact of drastically eliminating corruption in various
government organizations overnight.
15. I look forward to fast implementation as the house is
the on fire not only mine- but for everyone in the country. I hope
my letter is being acknowledged by email giving file reference
and I am informed whether I can expect justice in good
conscience from the Supreme Court of India.
16. In view of my above background and submissions, I
most humbly pray to consider following referred actions referred
in herein in undermentioned sub-para A,B,C while protecting the
undersigned physically, by way of rights in the property and
company , by way of prevention and further damage on
multiplicity of legal proceedings and provide reimbursement of legal
cost and free legal aid on one hand and on another hand take
simultaneous steps to hold Mr. Sushil Handa and Mr. Jalundhwala
in judicial custody and by questioning the ex-chief Minister of
Gujarat , for subjecting me to police remand in 1999 without
making minute and indepth necessary inquiry on employees of
Core Health Care, the auditor Mr. Hemant Kashiparekh and
advocate Mr.S. Soparkar in the matter :-
A. On issue of defamation case 3326/99 in Metropolitan
court 15, headed by the Magistrate , Shri Trivedi (refer enclosure
9 , background in this case) :-
I. To provide safety to my family and the undersigned
from being harassed for blowing whistle to protect my rights by
exposing banking fraud committed by the employees of Core
Health Care where the financial institiutions have lost oveer Rs
750 crores and the promoter continues to live lavishly and control
large assets base.
II. To put on hold false and drop fictitious defamation
case 3326/99 launched against the undersigned by Core Health
Care with help of advocate Mr. Kiran Bhrambhatt attached with
advocate firm , M/s D.K.Shah Associates managed by
senior ,influential High Court advocate , Mr. Ashok D. Shah.
III. To initiate detailed vigilance inquiry on the conduct of
Mr. Trivedi designated as Magistrate of METROPOLITAN Court 15
on account of background information and referred in Enclosure
9 :- (a) for not dropping the case against the undersigned
especially when Core Health Care and his advocate Mr. Kiran
Bhrambhatt failed to appear consecutively on 8-1-04 ,20-2-04 and
3-3-04 inspite of undersigned having drawn the attention of
defamation case 3326/99 in the letter addressed to the
Honourable Chief Justice of Gujarat High Court on 24-11-03 (b)
for not summoning the advocate Mr. Kiran Bhrambhatt who has
stopped attending his court (c) for not summoning the top
executives of Core Health Care (d) for not summoning their
witnesses such as the concerned connected officials of Global
Trust bank(e) for harassing the undersigned by adjourning the
matter once again to 20-3-2004 .
IV. On account of failure of appearance of the
complainant and his advocate in defamation case 3326/99, the
complainant Core Health care and his advocate Mr. Kiran
Bhrambhatt are compelled to remain present on 20-3-04 in the
Magistrate Court-15 to pay the legal fees, cost, expense
forthwith in view of their harassment and also to set example to
other practicing advocates
V. To immediately hold Mr. Sushil Handa and Mr. Jatin
Jalundhwala under judicial custody and by ensuring their
presence to appear as party in person in Metropolitan Court 15 on
20-3-04 in view of their absence in the metropolitan court –15 in
defamation case to prevent excuses, to prevent false and
contradictory affidavits and hold them for detailed interrogation.
Any ability to let them hire services of advocates in view of
default of over Rs 750 crores can be construed that they have
adequate financial resources to engage service of advocates
showing that judiciary is indeed blind.
VI. To interrogate advocate Mr. Ashok D. Shah for
notices issued to the undersigned and filing of frivolous
defamation case 3326/99 through the associate Mr. Kiran
Bhrambhatt
VII. To interrogate the auditors of Core Health Care Ltd ,
that is M/s Shah and Shah in depth as regards to their comments
on claim of legal ownership of the company by the employee of
Core health Care Ltd.
VIII. To interrogate the top officials along with the head of
local branch of bank of Global Trust Bank who extended term
loan of Rs 12.5 crores
IX. To hold auditor cum chartered accountants Mr.
Hemant Kashiparekh and Mr. Ashish Kashiparekh for
interrogation in view of their concealments as referred in civil suit
5827/01 on legal ownership of company and property of Mr.
Jalundhwala so as to create charge.
B. as regards to orders passed under appeal from
order 176/03 and civil application 3110/03 and referred in petition
letter addressed to the Chief Justice of Gujarat High Court on 24-
11-03 (refer enclosure 4,5,6,7,8) :-
I. To retain all the documents in connection with the
ownership of the companies in avaljapti as the defendants have
failed to honour the promises made to the court commissioner on
8th January 2002.
II. To restore the original injunction in civil suit 5827/01
on account of Core health care’s inability to establish ownership
in defamation case 3326/99 by furnishing all the documentary
evidence in the court and their deliberate absence of their
presence for last three times in the court as complainant in the
defamation case 3326/99 can be inferred that they are not in a
position to produce all the documentary evidence of their legal
ownership of property anymore and hence the disputed property
needs to be kept in court’s custody forthwith and compel the
bank to take legal action against the directors and employees of
Core Health Care to furnish fresh security on term loan of Rs 12.5
crores on account of misleading the bank and conniving with bank
officers to commit a banking fraud.
III. To cancel the orders passed under passed under
Appeal from order 176/03 and civil application 3110/03 filed as
party –in-person by the undersigned in the Gujarat High Court in
light of my petition letter to the Chief Justice of Gujarat High Court
on 24-11-03 , telegram dated 1-12-03 and letter dated 4-1-04 and
for failure of Core Health Care to appear in defamation case and
furnish all the relevant supporting documentary evidence and by
not calling witnesses to be examined on oath and on account of
contradictions of Mr. Soparkar to the Bar Council of Gujarat and
misleading Gujarat High Court in civil revision application 25 and
26/2002.
IV. To launch sever legal action and interrogation on
senior advocate Mr. Saurabh Soparkar for his professional
misconduct with a view to suppress material facts to create
hurdles in due process of justice and thereby tarnishing reputation
of the Gujarat High Court in light of my petition letter to the Chief
Justice of Gujarat High Court on 24-11-03 and the fact that he has
not taken any legal action shows that even as lion in the courts as
an advocate , he has acquired timidity of a lamb shows his lack of
character and integrity.
V. To interrogate the Chairman Mr. Bhrambhatt of Bar
Council of Gujarat for not initiating inquiry against Mr. Soparkar
immediately after September 2002 and for not bringing the
contents of the notice to the attention of the Honourable Chief
Justice of Gujarat High Court immediately after complaint made in
September 2002.
VI. To initiate vigilance inquiry against the justice , Miss
R.M.Doshit. for passing brief judicial orders on 24-6-03 summarily
and arbitarily in a hot hurry, without understanding the case matter
and without even waiting to obtain written documentary evidence
and affidavit from all the four defendant parties. It is necessary to
inform that her father Shri M.G.Doshit happened to be advocate
practicing in Gujarat High Court representing Government of
Gujarat. It is necessary to draw inference of favour by learned
justice Miss R.M.Doshit from the fact that Mr. Soparkar’s father
worked as Industries Commissioner while Mr. M.G.Doshit
represented as advocate for Government of Gujarat.
VII. To interrogate advocate Mr. Amar Bhatt for his failure
to file reply in time as per the directions given by the Gujarat High
Court in Civil revision application 25 and 26 who proceeded
abroad and giving false excuses in the affidavit filed in august
2002 by his client. Even though , he is an advocate , he does not
have courage to stand up before the court and utter even a single
word directly before justice on this particularly matter showing
lack of conviction in the matter.
VIII. To interrogate advocate Mrs Swati Soparkar , wife of
advocate of Mr. Saurabh Soparkar in this matter in depth for her
role in this matter.
C. Following steps that need to be taken against the
proceedings of the income tax department to save the
undersigned from multiplicity of proceedings as well as
harassment from the department and coercion methods used by
the income tax department officials:-
I. To put stay on the demand raised by the department
till the department furnishes detailed reply to my letters written
from time to time to prevent multiplicity of proceedings.
II. To interrogate members of Public Accounts
Committee consisting of sansad members for steps initiated by
them , in view of e mail sent by the undersigned to some of the
members of Public Account members on account of tax evasion
by CORE health Care group on account of endorsement given by
the Director General of income tax-investigation on account of my
whistleblowing to the department while harassing the
undersigned for the acts of whistleblowing. When the sansad
members, do not behave responsibly for a sensitive role, is it
necessary to continue having sansad members looking after the
affairs of the country. It is necessary that the notices are issued
to the sansad members.
III. To interrogate various senior officials of the Income
Tax department of Ahmedabad such as Commissioner of Income
Tax –V , Chief Commissioner of Income Tax – III , present Director
General of Income Tax –Investigation in relation to action taken by
them on the companies connected with Core Health Care and
detailed findings on tax evasion by this group and action in
relation to fire incidence in the Insurance Building of the Income tax
department.
IV. To record statement of Mr. Rajshri Diwedi , ex-DDIT
Unit 1(4) who conducted and reported finding this bosses Mr.
V.D.Wakharkar and Mr. C.M.Betgiri after summoning the
undersigned in May 2000.
V. To hold vigilance inquiries on the top officials of the
income tax department by Gujarat High Court issuing notices to
various officials and recording their statement in my presence
and the entire proceedings recorded so that common public can
view the proceedings with a view to impart lesson to to the
bureaucarats to behave responsibly and do not misuse power to
harass and torture the citizens for collecting taxes without giving
detailed explanation.
VI. in view of my complaint to the Central Vigilance
Commission for indifference, dodging of issues,
collusion,deficiency in services and failure to give detailed findings
and failure to initiate action against Core Health Care , their
employees, tax advocates and the connected auditors for tax
evasion as confirmed in the letter addressed by the Director
General Of Income Tax-Investigation on 19-9-2000 to the
undersigned and the methods of coercion used to collect taxes
from various family members when the appeals are pending
before the CIT –appeals.
17. This is my open whistle to you for true justice –
being made in public with due respect to all those compassionate
members of the judiciary who have passed some landmark
judgments with a view to empower you to get approval from the
common persons as to how to deal with so called – the
honourable great bank robbers, the honourable advocates, the
honourable members of the judiciary and the honourable
bureaucrats . The only difference is that the Supreme Court of
India would have extra one to two days available to catch hold of
the persons referred in paragraph 16 and produce them in the
courts on 20-3-2004 as the contents of the letter has been
released to the media so that my voice and message does not get
trampled . My instinct and faith says that you would not betray
trust reposed in the Supreme Court of India especially when you
have personally experienced what is happening in Metropolitan
Court.
18. I have been to draw inspiration from a quote from “
It
Is from numberless diverse acts of courage and belief that
human history is shaped. Each time a man stands up for an ideal ,
or acts to improve the lot of others or strikes out against
injustice, he sends a tiny ripple of hope” – Robert Kennedy and a
quote I read “ No one can bar the road to truth, and to advance its
cause. I am prepared to accept even death. But may it be repeated
lessons will finally teach us not to stop the
writer’s pen during his lifetime.”. Your honour do need to act
instantly to summon Mr. Sushil Handa and Mr. Jatin Jalundhwala
who have connived and swindled the Banks to the tune of Rs 750
crores by taking steps that they remain present before The
Metropolitan Court 15 on 20-3-2004 and making them pay for my
legal costs (besides many other issues)on account of frivolous
defamation case 3326/99 launched against me, the judiciary
confirms saying that “ Justice without force is impotent, force
without justice is tyranny . Unable to make what is JUST strong,
we have made what is strong –just.” Pascal Blaise.
19. Boris Pastsrnak of Dr. Zhivago said : “ In every
generation there has to some fool who
Will speak the truth as he sees it.” When he wrote this book
sharing truth , he was
destroyed. And he wrote: “, I'm cut off from my friends, freedom,
the sun. But the hunters are
gaining ground. I've nowhere else to run. There's no way forward,
no way back. It's all up with
me. Am I a gangster or murderer? Of what crime do I stand
condemned? Even so, one step from
my grave, I believe that cruelty, spite, the powers of darkness will
in time be crushed by the spirit
of light. The beaters in a ring close in with the wrong prey in view.
I've nobody at my right hand.
Nobody faithful and true. And with such a noose on my throat, I
should like for one second my
tears to be wiped away by someone at my right hand.”
These are the emotions and feelings one passes through,, when
one is a whistleblower of
banking fraud and corruption and is held on police remand -
Everyone rejects you, the
friends and the family abandons you. Though, I had gone
through a turmoil and
questioned God – why me. No more , I don’t have regrets , I
accept it as a gift of God to
serve as light to others and continue to swim in an ocean of
robots in bureaucrats as
well judiciary in Gujarat who lack any respect of human being. In
case this letter ,
touches your inner conscience and brings tears in your eyes and
strength to do
something about for improving the plight of innocent human beings
in the country,
God’ s work is accomplished, I am just a medium used by God to
pass on the message
unto you , the way it was delivered to me by a living human being.
Yours most respectfully,
P. S.Mody
DATED: 12-3-04
PLACE: AHMEDABAD