Monthly Archives: May 2014

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Flames of Injustice

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Flames of Injustice

                             Flames of Injustice

 

I, G. Karunairaj son of Gnanamuthu, Indian aged 51 Years of G1 Inabatheni Emerald Gupta Apartments, Mangamaru Donka, Ongole-1, Andhra Pradesh, do hereby solemnly affirm and sincerely state as follows:

  1. I am well acquainted with The Facts of The Case set out herein.
  2. I am A State Detainee since 21.08.2010. It is ironic that The State could act Extra–Constitutionally by abducting me on 08.11.2011 solely designed to prevent exposure of A Major IPS Scam.
  3. I state that I was released on bail on 08.11.2011 but immediately abducted within prison compound under ADGP Sylendra Babu’s order.  The Abduction reflects The Level of Mr.Sylendra Babu’s fear of being exposed upon my release as reported widely in Electronics and Print Media including “Kumudham Reporter” dated 06.03.2011 which stated The Love Triangle of Vincent–Sofia–Sylendra Babu as well as The Involvement of Mrs. Sofia Sylendra Babu in Cheyyur Murder in Crime No. 609/2004.  Yet, when queried by The Media, Mr.Sylendra Babu just acknowledged that The Petitioner has international link!
  4. I state that I pleaded in vain to The Chief Secretary as The Supreme State Civil Servant via India Post Ref. ET168866595IN dated 11.11.2011 to probe The Illegal Abduction within Puzhal Prison compound on 08.11.2011.  I wrote: “The Ink from my pen will continue to flow encouraged by The Spirit of Article 21 of The Constitution of India.” I raised The Following Queries in quest for justice:
  5. Who kidnapped me from The Puzhal II Central Prison compound on 08.11.2011?
  6. Who authorized to kidnap me on 08.11.2011?
  7. Where I was confined on 08.11.2011?
  8. Why I was not produced before A Magistrate within 24 hours as mandated under Article 22(2) of The Constitution Of India, under section 56 r/w 57 Cr.P.C. and as decreed by The Supreme Court of India in Khatri versus State of Bihar [AIR 1981 SC 928]?
  9. Why my relatives were not informed as mandated under section 62 C.P.C. and as decreed by The Supreme Court of India in D.K. Basu versus State of West Bengal [AIR 1997 SC 3017]?
  10. Why The Chief Secretary did not order A Probe into:
  11. Kidnapping me from The Puzhal Prison compound on 08.11.2011.
  12. The Custodial Torture inflicted upon me during 32 hours of illegal custody.
  13. The Seizure of several incriminating documents pertaining to Murder Crime No. 609/2004 registered at G6 Police Station, Cheyyur, Kanchipuram.
  14. The Involvement of Vincent and Sofia in Cheyyur Murder Crime No. 609/2004 and A Tussle for A Love Child born out of wedlock.
  15. I state that I raised several queries under The Right to Information Act 2005 to The Chief Secretary on 18.05.2012 as summarized below:
  16. Please provide Action Taken Report (ATR) on my petition dated 28.01.2011 submitted to The Home Secretary via Advocate M. Sreedhar pertaining to several IPS officials including ADGP Sylendra Babu’s nexus with International Mafia.
  17. Did Mr. Sylendra Babu inform The State about conflict of interest upon being posted as Inspector General  of Police (North Zone) which includes Kanchipuram District as serious allegation that he and his wife, Sofia are involved in Cheyyur Murder Cr.No.609/2004 as per statement recorded under section 164 Cr.P.C. by The Uthiramerur Judicial Magistrate on 23.11.2010?
  18. Did Mr. Sylendra Babu contact G6 Cheyyur Police Station Inspector either directly or through subordinate officers in relation to Cheyyur Murder in Crime No. 609/2004 during his tenure as Inspector General of Police (North Zone)?
  19. Please provide ATR on The Petitioner’s petition dated 11.11.2011 submitted to The Tamil Nadu Chief Secretary vide India Post Ref. ET168866595IN pertaining to violation of Article 21 of The Constitution of India.

I humbly submit that The Act of Non- Response by The Chief Secretary is An Act of Disrespect of Indian Parliament which passed The Right to Information Act 2005 and The Honourable Chief Justice of India who is The Central Information Commissioner as per Supreme Court decree.

  1. I further state that on 02.11.2012, I sent a telegram via Indian Posts and Telegraphs serial no. 4730 to The Chief Secretary, following is extract of The Telegram:

My Petition to The Chief Secretary dated 11.11.2011 submitted via India Post Ref. ET168866595IN was A Representation made under section 39 Cr.P.C. as The Chief Secretary is The Supreme Civil Servant of all District Magistrates in The State. Non–Action by The State has violated numerous Supreme Court precedents. Refer Honourable Justice A.K. Ganguly judgment as reported in 2012 (1) C.L.T. (SC) 582: “Legal frame work of investigation provided under our laws cannot be made selectively available to some persons and denied to others.” Among The Incriminating Documents pertaining to Cheyyur Murder Crime No.609/2004 seized on 08.11.2011 was CD secretly shot by Vincent during meeting with ADGP Sylendra Babu blabbering State Info on Honourable CM Selvi Jayalalithaa’s extremely close relationship with Smt. Sasikala etc. Who authorized my unconstitutional kidnapping?  Further, am still awaiting reply to six queries under The Right to Information Act 2005 dated 18.05.2012 submitted via India Post ref. ET041326625IN.

I humbly submit that The Act of Non-Investigation by relevant authorities for more than 3 Years despite numerous representation and decree is baffling, to say The Least.

  1. On 05.02.2013, I sent another telegram to The Chief Secretary via Central Telegraph Office SI.No.0052. Following is extract of The Telegram:

“My telegram to The Chief Secretary dated 02.11.2012 submitted via Indian Posts and Telegraphs Sr.No.4730 refers. Head Constable Rashid interviewed me on 18.01.2013 pertaining to The Telegram. A letter from The Joint Secretary to The Director General of Police was shown to me by Head Constable Rashid. On 19.01.2013, A Petition was submitted to The Chief Secretary via The Prison Superintendent pertaining to Non-Adherence of Supreme Court precedent that An Inferior Officer can’t investigate A Superior Officer. Supreme Court Precedents are binding under Article 141 and violation is punishable under Article 129 of The Indian Constitution. It is A Cruel Joke played upon my cries for justice as A Head Constable would urinate while investigating An ADGP”.

  1. I state that under section 50, 56, 57 and 167 Cr.P.C. arrest by police without warrant and failure to produce The Arrested Person before Magistrate within 24 hours makes The Custody illegal as per citations stated below:

Citation 1:       1975 Crl.L.J. 1249

Citation 2:       1976 Crl.L.J. 1303

Citation 3:       1982 L.W. (Crl.) 261

Citation 4:       1983 L.W. (Cri) 121

Hence, kidnapping me on 08.11.2011 violates The Constitution of India, The Higher Judiciary Citations and The Code of Criminal Procedure 1973.  The Police that are bound to uphold The Law should not breach The Law.  My Fundamental Rights stands infringed.

Further, I raise The Issue of Extra-Judicial Authority being exercised by The Police to detain innocent family members of An Accused including under aged children and women.  Such illegal acts if left unchecked would lead to A Police State in Tamil Nadu.

  1. It is A Well-Settled Fact that The Law is Supreme and nobody is above The Law. In Fact, The Honourable Mr. Justice M. Yousuf Eqbal stated: “The Law that applies to Common Man should also apply to Police Man.” Hence, am compelled to file this Affidavit as The Power vested with The Police must not be abused.
  2. I state that under section 51 of Cr.P.C. on search of arrested person was violated when I was arrested along with my family on 21.08.2010 in Aravind Residency, Chennai. Under section 51 (1) clearly stipulates that A Receipt showing The Articles taken in possession by The Police Officer shall be given to such person.  It is humbly submitted that my possessions was neither accounted in my presence or receipt given to me as mandated by The Code of Criminal Procedure, 1973.  The Laptops and Mobiles seized from me on 21.08.2010 consist of incriminating evidence against ADGP Sylendra Babu and his wife, Mrs. Sofia. I cried in vain for Serial Numbers of Laptops and Mobiles etc to be recorded in my presence. Hence, there is Possibility-of-Items Substitution due to Criminal Involvement of 3 IPS Officers in Cheyyur Murder Crime No.609/2004 stands exposed via seized Mobiles and Laptops as well as evidence kept at The Petitioner’s residence. Numerous petitions to The State and The Subordinate Judiciary pertaining to search manipulation fell into deaf ears due to IPS clout.
  3. I further state that u/s 100 (6) Cr.P.C. clearly stipulates that The Occupant of The Place searched or someone in his behalf shall in every instance be permitted to attend The Search and A Copy of The List prepared under this section signed by The Said Witnesses shall be delivered to such occupant or person. My cry to be present or at least depute someone during search at my residence G1 Iyanabathini Emerald Gupta Apartments, Mangamaru Donka, Ongole–1, Andhra Pradesh was in vain. Valuables and incriminating evidence implicating ADGP Sylendra Babu and his wife, Mrs. Sofia in Cheyyur Murder vide Cr.No.609/2004 was in The Residence. Till date, list prepared under section 100 (6) including The Residence Keys seized from me on 21.08.2010 has not been delivered to me.
  4. On 08.06.2013, The Petitioner submitted Representation to ADGP (Prison) seeking justice against Mala-Fide Criminal Conspiracy. On 18.11.2010, Police Superintendent of Prakasam District wrote to DGP of Andhra Pradesh vide Ref.C.No.104/C2-DCRB/2010 pursuant to DGP Memo via Rc.No.5182/Compts-2/2010 dated 26.10.2010. On 23-11-2010, Additional Superintendent of Coimbatore Central Prison received An Intimation from Andhra Police Department pertaining to my representation via Ref.C.No.19255/WO/2010 dated 08.10.2010. But, it was not intimated to The Petitioner. On 03-01-2013, The Petitioner submitted queries under RTI Act to Prison Superintendent and was furnished relevant information via Ref.RTI/123/2013 dated 25.01.2013. The Petitioner was shocked to obtain Andhra Police Department memo along with other documents.
  5. The Grave Injustice done to The Petitioner by not intimating The Andhra Police Department memo must be probed. A Prisoner’s Right to Communicate with The State or The Judiciary is A Fundamental Right guaranteed under Article 21 of The Constitution of India. The Petitioner is amazed that The Resolute Desire of The Petitioner to expose A Major IPS Scam is being hindered due to The Influence of IPS Officers with vested interest. If The Petitioner is murdered while under Engineered Detention, ADGP Sylendra Babu and Mrs. Sofia must be probed.
  6. The Petitioner humbly submits that A Supreme Court decree is binding under Article 141 and non-adherence is punishable under Article 121 of The Constitution of India. The Honorable Justice S.B. Sinha and The Honourable Justice M.K. Sharma decreed in Bhavesh Lakhani versus State of Maharashtra that: The State may exercise some extraterritorial jurisdiction only if a part of The Offence is committed in The State and The Other Part in another State or some other States. In such an event, The State before an investigation to that part of The Offence which has been committed in any other State may have to proceed with The Consent of The State concerned or must work with The Police of The Other State.” {2010 (1) SCC (Cri) 47 Para 95}. Disregarding Supreme Court Decree, CCB Coimbatore under Mr. Sylendra Babu entered another State – Andhra Pradesh to steal, conceal and eradicate incriminating evidence pertaining to Cheyyur Murder Cr.No.609/2004 as The Andhra Pradesh Police was kept in The Dark to facilitate easier theft. The Act of Disregarding Supreme Court Decrees by Public Servants is A Dangerous Trend which may lead to Police State in Tamil Nadu.
  7. Among robbed items are: (A) 3 CDs recording Wild Unnatural Sexual Intercourse between ADGP Sylendra Babu with An Under-Aged Girl for 45 Minutes without rest, Unnatural Sexual Intercourse between ADGP Sylendra Babu with A Young Direct Entry Probationary Sub-Inspector of Police and Normal Sexual Intercourse between Sofia and Mr. Vincent, A Singaporean Chinese Tycoon. (B) 2 Albums of Photographs with Family Members, Prime Minister of Nepal, Chief Minister of Goa, IPS Officers etc. (C) Currencies and Gold kept in Rice Container including United States Dollars Five Thousand Only, 10 Gold Bars of 100gms each, Lord Jesus Christ Small Gold Statue and Family Jewels. (D) In Residence Hall Wall, Goddess Mahalaxmi Gold Frame, God Vinayaga Silver Frame and 2 Expensive Paintings. (E)  Household Items including 3 Air-Conditioners, LCD Television, Radio, DVD Player, Refrigerator, Cooking Utensils, Sofa Set, Furniture etc. (F) Original Documents-to-Substantiate Indian Nationality. (G) Receipts-to-Substantiate Expenses made to Senior I.P.S. Officers at various Five Star Hotels etc.

The Andhra Police Department memo clearly proves violation of The Directive Principles of The Constitution, Inter-State Laws and Supreme Court decrees including one cited in Para 14 above as it remarked that: “Nothing-is-Known to Local Police of Ongole Town.” The Petitioner prays that The State Government of Andhra Pradesh register F.I.R. and arrest criminals who committed day-light robbery in Andhra Pradesh irrespective of them (criminals) wearing Tamil Nadu Police uniform. To expect that The Petitioner could be subdued with Continues Engineered Detention for 3 Years is day-dreaming to say The Least. The Petitioner steadfast struggle has resulted in A Land Mark Decree reported in Law Journals including Chennai Law Times {2012 (1) C.L.T. 940} G. Karunairaj versus State of Tamil Nadu. The Honourable Justice V. Ramasubramanian stated in Para 40 of W.P. No.27221/2011: “… This shows that there was some anxiety on The Part of Respondents not to allow The Petitioner to enjoy The Freedom that he gained on 8.11.2011 on account of The Bail Orders.”

  1. The Petitioner submits that u/s 51 (1) r/w 100 (6) Cr.P.C. and numerous Supreme Court decrees stands brutally violated under ADGP Sylendra Babu’s order even in relation to Case Property connected to CC No.18/2011 in Coimbatore Judicial Magistrate 7 Court which was transferred from Coimbatore Judicial Magistrate 3 Court – A Gold Bracelet and A Mobile Phone. The Petitioner was shocked upon hearing evidence in Open Court on 15/05/2013 that The Mobile Phone is not under The Trial Court custody. Further, The Gold Bracelet was returned to An Unknown Person without The Petitioner being accorded The Cardinal Right to Be Heard and The Gold Bracelet was not photographed and countersigned by The Petitioner before being handed over to The Unknown Person as per The Law. The Mobile was not deposited in Coimbatore Judicial Magistrate 7 Court despite seized, deposited in Coimbatore Judicial Magistrate 3 Court and transferred to Coimbatore Judicial Magistrate 7 Court even after 3 Years as per evidence recorded in CC No.18/2011. In Fact, The Mobile Shop Owner testified that he is not aware about Mobile Receipt Exhibit tendered in Court! The Missing Mobile is An Engineered Missing Act. The Importance of Mobiles and Laptops seized or rather legally stolen on direct order of ADGP Sylendra Babu was stated in detail to The Utheremerur Judicial Magistrate u/s 164 Cr.P.C. on 23/11/2010 as well as The Honorable Madras High Court under Article 226 of The Constitution via HCP 177/2011 on 28/01/2011.
  2. The Petitioner apprehends that he will not get justice as ADGP Sylendra Babu is extremely influential within The Force, hence pleads for: (A) A Judicial Probe or Independent Probe as Police can’t investigate Police in tandem with The Principles of Natural Justice in relation to mala-fide illegal entry into The Petitioner’s residence at G1 Iyanabathini Emerald Gupta Apartment, Mangamaru Donka, Ongole 1, Andhra Pradesh. (B) The Properties seized from The Petitioner’s residence as stated in Para 10 above be produced before The Court and released to The Petitioner. (C) The Petitioner’s representation vide Ref.C.No.19255/WO/2010 dated 08.10.2010 sent via Coimbatore Central Prison Superintendent to The Andhra Pradesh Director General of Police be termed as First Information Report (FIR).
  1. Further on 21.05.2012, I was arrested on A NBW issued by The Judicial Magistrate 7 Coimbatore from The Chengelpet Special Camp Sub Jail. Hence, The Petitioner made A Representation to The Honourable Chief Justice of Madras High Court under Article 39A of The Constitution of India via The Prison Superintendent TJS on 16.08.2012. Extract of The Representation is as follows:

Am A State Detainee since 21.08.2010. On 21.05.2012 while being under detention at Chengelpet Sub-Jail Special Camp, A Police Team arrested me based on NBW issued by Coimbatore Judicial Magistrate 7 in CCB Cr.No.77/2010.

I asked The Arresting Officer:

  1. Why PT Warrant was not served on The Kanchipuram Collector IAS as per procedure so that Police Escort could be provided to The Court?
  2. How could I attend court when am guarded 24 X 7 by Automatic Rifle Armed Commandos within locked gate without PT Warrant?

The Arresting Officer replied that am A Fool to agonize ADGP Sylendra Babu Sir!

As per Sub-Jail Special Camp at Chengelpet procedure, I signed The Police Exit Register with The Wording – ‘Under threat to withdraw 164 Statement’.

The Journey from Chengelpet to Coimbatore was A Torture without food and water.  I was abused due to following issues:

  1. My Statement– in–Open Court before The Judicial Magistrate of Maduranthakam on 03.01.2012 admonishing Tamil Nadu Police for not having The Guts to take me into Police Custody even for One Day despite Plea-in-Writing via Coimbatore Central Prison Supt. Ref.17811 dated 16.09.2010 pleading for 14 Days Police Custody.  Criminals fears Police Custody but Tamil Nadu Police fears when confronted with IPS Criminals!  Further, questioned Reluctance–to–Arrest Asha, An Absconding Accused in Cheyyur Murder Cr.No.609/2004 who is Mistress of An IGP.
  2. Withdrawal–of–Statement recorded u/s 164 Cr.P.C by The Utheremerur Judicial Magistrate on 23.11.2010 implicating Senior Police Officers.

The Remanding Magistrate at Coimbatore remanded me at 9pm as pre-conspired without The Right to Be Heard despite being A State Detainee without liberty since 21.08.2010 who has not violated bail condition in CCB Cr.No.77/2010.

It is hereby declared that if am Murdered-in–Detention then ADGP Sylendra Babu must be probed u/s 302 r/w 120B IPC.

  1. Further, I made A Representation to The Chief Judicial Magistrate of Coimbatore on 10.09.2012 via The Prison Superintendent TJS.  The Representation is annexed in Type Set of Papers along with other relevant documents.  Extract of The Representation is follows:

My writings may Border-on-Contempt but am compelled to write as The Legal Process is not divorced from Human Reasoning.

From 28th August till 31st August 2012 (4 Days), The Petitioner launched A Hunger Strike based on 2 Pleas at Puzhal II Central Prison which was observed as News–in–Media.  Plea 1 was investigation against ADGP Sylendra Babu pertaining to Cheyyur Murder in Cr.No.609/2004 and Plea 2 was enquiry against T.V. Hemanandakumar pertaining to Mala-Fide issuance of NBW in C.C.No.18/2011.

HOW COULD THE PETITIONER ATTEND COURT ON A BAILED CASE WITHOUT PT WARRANT WHEN HE IS GUARDED 24X7 BY AUTOMATIC RIFLE ARMED COMMONDOS WITHIN LOCKED GATE???

One of The Basic Tenets of The Indian Legal System and The Settled Principle of Criminal Jurisprudence is The Presumption of Innocence of The Accused till he is found guilty at The End of Fair Trial established by Cogent Evidence.

The Petitioner is 50 Years Old and till date not a single Court-of– Law has ever convicted him. The Petitioner could have easily pleaded guilty and offset his remand period of more than 2 ½ years to settle The Four Fake Cases foisted by ADGP Sylendra Babu to primarily save Sophia @ Mrs. Sylendra Babu and destroy evidence pertaining to Cheyyur Murder Crime No.609/2004.

THE PETITIONER WILL NOT RETREAT BUT PURSUE THE MATTER TILL SUPREME COURT OF INDIA AS THE POWER TO PROSECUTE VESTED ON THE POLICE MUST NOT BE PROSTITUTED!!!

The Petitioner was banished by The State into The Chengelpet Sub-Jail Foreigners Special Camp. Hence, The State knows The Fact that Tamil is not even The Official Language of India. Hence, The State can’t in The Wildest of Imagination expect Tamil to be The Official International Language known to A Person whom it has designated as A Foreigner.

Further, JM7 Court has not passed order on The Petitioner’s plea for English Charge–Sheet but commenced trial with The Sole Aim-to-Convict him. It is Miscarriage–of-Justice leading to Justice–on–Trial, plain and simple to say The Least.

THE PETITIONER PLEADS THAT ENGLISH CHARGE SHEET IS PROVIDED AND CASES TRANSFERRED OUT OF COIMBATORE DISTRICT IN TANDEM WITH PRINCIPLES OF NATURAL JUSTICE….

  1. The Petitioner submitted C.M.P. to The Judicial Magistrate 7 Coimbatore (hereinafter referred as JM7) on 24.12.2012. Extract of The C.M.P. is as follows:

(A). Copies of this memo will be submitted to The Following:

  1. The Honourable Chief Justice of India.
  2. The Honourable Chief Justice of Madras High Court.
  3. The Honourable Chief Minister of Tamil Nadu.

It will form part of annexure to The Supreme Court of India u/a 32, 39A, 136 r/w 235 of The Constitution of India. It is humbly submitted that this is The Final Memo to The Subordinate Judiciary at Coimbatore as The Petitioner has lost confidence. The Petitioner is approaching The Higher Judiciary for Interpretation of Article 235 of The Constitution of India.

PRAYER 1: Please number this C.M.P.

(B). The Petitioner received A Letter from The Chief Judicial Magistrate of Coimbatore (hereinafter referred to as “CJM”) bearing Ref.No.D4292 dated 08.11.2012 along with A Copy of Mr. T.V. Hemanandakumar B.A., LL.B., Judicial Magistrate 7 of Coimbatore letter to CJM bearing Ref.No.D.1741/2012 dated 09.10.2012. The Petitioner was shocked beyond measure upon reading JM7’s letter as it reflects negatively on The Selection Process of Judicial Magistrates and makes A Mockery of Justice Administration at Subordinate Judiciary due to The Following Grounds:

(i). JM7 wrote in his own handwriting as follows:

There are 7 petitiones are received

It is humbly submitted that The Six Words Short Sentence is Murder of English Language as it is Broken English which is wrong in grammar and spelling. In Fact, The Petitioner’s 7 Years Old Son, A Bona Fide Indian Citizen writes Proper English. HOW COULD A PERSON OBTAIN BA LLB DEGREES AND OCCUPY JM CHAIR WITHOUT BEING ABLE TO COMPOSE AN ERROR-FREE SHORT SIMPLE ENGLISH SENTENCE??? As A Matter of Fact, English is The Parliamentary Language, The Constitutional Language and The Supreme Court Proceeding Language in India. In Summary, The Petitioner does not wish to be A Guinea Pig for JM7’s training as it violates The Petitioner’s Fundamental Right guaranteed u/a 21 of The Constitution as reiterated in Supreme Court Precedent in Louis De Raedt versus Union of India [1991(3) SCC 554].

(ii). The JM7’s Letter raises more issues than answers as numerous Doctrines and Principles-in-Law stands violated.

PRAYER 2: Please provide An Order Copy on Petitioner’s Petition submitted on 05.11.2012 and 05.12.2012.

PRAYER 3: Please provide Certified True Copy Xerox of The Following:

  1. All Petitions submitted By Hand / India Post / BSNL (Telegram) by The Petitioner to JM7 from Date of Formal Arrest till date.
  2. All Counters submitted by The Public Prosecutor to JM7 pertaining to CCB Crime No.77/2010 till date.
  3. All Orders made by JM7 pertaining to CCB Crime No.77/2010 till date.
  4. Arrest Intimation Report as per Supreme Court Order in D.K. Basu versus State of West Bengal [AIR 1997 SC 3017] executed upon The Petitioner’s arrest on 21.05.2012.
  5. Arrest Report u/s 62 CPC dated 21.05.2012.
  6. Remand Order dated 21.05.2012 issued at JM8 residence.
  7. Formal Arrest Memo executed at Coimbatore Central Prison in 2010.

(C). The Petitioner humbly raise An Issue–in-Law whether JM7 who could not even compose An Error-Free Six Words Short Sentence in English is qualified to act as A Translator from English to Tamil when A PW disposed in English despite The Petitioner’s objection in Open Court on 21.11.2012.

Further, The Petitioner is appalled that The Judicial Magistrate 7 Coimbatore has not followed Legal Procedure by not forwarding three (3) C.M.P. dated 05.11.2012, 05.12.2012 and 24.12.2012 to The Public Prosecutor for Counter and thereafter pass orders deemed necessary.  Either The Judicial Magistrate is unaware that all C.M.P. must be forwarded to The Public Prosecutor for Counter or The Judicial Magistrate is exercising dual role as Prosecutor–cum-Judge! It is A Cruel Sadism played upon The Cry for Justice of The Petitioner via C.M.P. dated 05.12.2012 when The Judicial Magistrate wrote to The Superintendent TJS of Puzhal II Central Prison at Chennai vide Ref.No.D2224/12 dated 07.12.2012 ordering action to be taken. How could A Chennai Prison Superintendent act on A Criminal Intimidation that occurred in Coimbatore City??? Isn’t The Judicial Magistrate aware about The Law of Jurisdiction!!! Till date, no action is taken. Maybe, it is An Indication that even after A Fake Encounter executed upon The Petitioner, The Matter will be buried along with The Petitioner’s Body. Such unprecedented violation of norms and open bias has necessitated The Petitioner to move The Honorable High Court under Article 226 of The Constitution of India.  Further, The Doctrine of Stare Decisis stands Brutally Violated as The First Bench of The Honourable High Court comprising The Honourable Chief Justice Mr. M. Yusuf Eqbal and The Honorable Mr. Justice T.S. Sivagnanam ordered my continued confinement in Sub- Jail Special Camp pending disposal of WA651/2012 via M.P.No.1/2012 dated 29.03.2012. Hence, issuing NBW against The Petitioner for A Bailed Case without PT warrant while being guarded by Armed Commandos is Contempt of The Honourable First Bench Decree? The Transfer of The Petitioner from Sub-Jail Special Camp to Puzhal II Central Prison based on Remand Order of Judicial Magistrate 7 made A Mockery of The Honourable Chief Justice of Madras High Court. It is A Dangerous precedent, to say The Least. It is A Desperate Move to silence The Petitioner.

  1. Extract of The C.M.P. dated 05.12.2012 is as follows:

On 20.11.2012, The Petitioner was escorted to JM VII Court Coimbatore with written instruction of The Superintendent TJS that he should be lodged at Coimbatore Central Prison and produced before JM VII. On arrival at Coimbatore, he was shown A Poster pasted on The Police Quarters Wall – A State Government Property praising ADGP Sylendra Babu for engineering An Encounter despite The Supreme Court order that FIR be lodged on Encounter Cases u/s 302 IPC.  It appears to be A Symbolic Gesture to intimidate by Inspector Chandrasekaran.

The Petitioner was taken into Police Custody at B3 Katoor PS where he was subjected to Sarcastic Caste Centric Abuse and assault by Inspector Chandrasekaran. A Fair Looking Man who appeared as PW at JM VII was present at B3 Katoor PS on 21.11.2012. As The Petitioner was leaving B3 Katoor PS, he began shouting Anti Sylendra Babu slogans and demanded attestation on his Police Custody. To pacify and avoid A Public Scene, A Police Officer signed and sealed The Police Prisoner Transit Warrant–Passport! Written Complaint lodged with The Superintendent TJS of Coimbatore Central Prison being The Custodian of Judicial Remand Prisoners on The Same Day 21.11.2012.

  1. I filed A High Court Writ bearing W.P.No.7070/2013 which was heard before The Honourable Mr. Justice S. Rajeswaran on 27.03.2013. The Prosecution agreed that major issues raised was decided in my favour by The Honourable Mr. Justice V. Ramasubramanian in W.P.No.27221/2011 and The Government has gone on appeal via W.A.No.651/2012. Hence, it was decided that my remedy lies before The Honourable First Bench in W.A.No.651/2012. The Affidavit duly attested and The Order is annexed.
  2. It is humbly submitted that An Act of Parliament (Legislature) must be adhered by The Executive (Government). The Foreigners Act 1946 (31/1946) u/s 3A (1) exempted Citizens of Commonwealth. Further, u/s 3A (2) mandatorily requires that in The Event of A Commonwealth Citizen being imposed, then such order shall be placed on The Table of both Houses of Parliament as soon as may be after it is made. Hence, it is An Unlawful Act not to have complied with u/s 3A (2), as till date no copy made under this section was placed on The Table of both Houses of Parliament. It is humbly stated that it was not tabled in both of Houses as The State knows that Members of Parliament would be annoyed that An Indian is being tagged as Foreigner.
  3. Dignity is my birth right. India is my motherland. The Vision of Bharat Ratna Dr. Ambedkar vide Article 21 of The Constitution of India is my source of inner strength. My wife, Jayanthy needs her husband and our three children, Shyamala, Tikadevan and Bumiputeri need their parents. Let this Indian Family survive and grow. The Higher Judiciary is our only source of hope.
  4. I hereby plead that The State violated The Following:

(A). Constitution of India:

Article 21

Article 22 (2)

Article 39A

Article 129

Article 141

(B). Acts of Parliament:

Foreigners Act 1946

Contempt of Court Act 1971

Right to Information Act 2005

(C). Supreme Court Precedents:

1975 Crl.L.J. 1249

1976 Crl. L.J. 1303

AIR 1981 SC 928 Khatri versus State of Bihar

1982 L.W. (Crl.) 261

1983 L.W. (Cri) 121

1991 (3) SCC 554 Louis De Raedt versus Union of India

AIR 1997 SC 3017 D.K. Basu versus State of West Bengal

AIR 1999 SC 1859 Bhagwan Rama versus State of Gujarat

2010 SCC (Cri) 47 Para 95 Bhavesh versus Maharashtra

2012 (1) C.L.T. (SC) 582

(D). Doctrines and Principles-in-Law:

Doctrine of Stare Decisis

Directive Principle of Constitution

Law of Jurisdiction

Principle of Natural Justice

Right to Be Heard

(E). Criminal Procedure Code:

Section 39

Section 50

Section 51 (1)

Section 56

Section 57

Section 100 (6)

Section 167

(F). Civil Procedure Code:

Section 62

 

G.Karunairaj S/O Gnanamuthu

1st August 2013