I wonder why media is so silent on my case; should I say lack of guts to expose these men in fancy black gowns? This is what encourages them to commit more criminal acts of subverting justice says Indur K Chhugani.
Mr Indur Chhugani who is a victim of judiciary and police department, he has become almost homeless and fighting for the justice from past many years. He suffered serious accidents in past few years on account of severe stress.
In 2005 Mr Chhugani was booked in a fake case of, “breaking seal on the court orders” but surprisingly there was no order passed to seal the property or the property itself was never sealed, but he was accused of doing so. Against all the directions of the Supreme Court regarding unnecessary arrest of citizens… Chhugani says “I was kept in police custody for 6 days in 2005… my wife and son was also arrested (they obtained anticipatory bail). He alleged the Police for extorting Rs 50,000 from his family to not harm him in police custody. This has not stopped here but further a lawyer extorted Rs 25,000 for Magistrate. Thereafter there was no end to such expenses. He been to Supreme Court four times and also wrote letters to the Prime Minister and the President stating the atrocities that he faced but the letters went unanswered. Finally he decided to argue in person, as he was going through sever financial crunch.
Now the question here, can an Individual file Criminal Writ Petition in 2005, whose prayers are solely based on order passed in his favor in 2006?
This is the basis of the order passed against Chhugani, which made him homeless at age 66, they took away the only property that he owned.
Punjab National Bank filed Four crore WPs to evict him, and did not succeed –High court Judges concluded, that Chhugani filed those petitions.
Both Banks via Affidavits admitted having called for tenders – HC concluded “On his own volition approached banks on 24.2.2005 for purchase of flats and made the payment”… (Which means, If you trust High Court judge, the Banks never called for tenders?).
Order passed in his favour by Sessions Court stated that “The fallacious observations of the then MPID Court are reproduced, there is no convincing material available on record against the notice Chhugani regarding the alleged removing of seal of property attached by the order of the Court and making illegal entry into the property attached by the Court and especially in the light of registration of FIR into the matter which is pending investigation. The said show-cause dated 22.3.2005 is hereby discharged.” ( the Judges were A R Joshi and A M Khanwilkar of Bombay High Court )
And the Supreme Court Judges refused to consider – That no human can file Writ Petition in 2005 with prayers SOLELY based on order of The Sessions Court passed favoring him in 2006.
Further Mr Chhugani said “I do not owe money to anyone – I purchased the flats from the Joint Asset Sale Committee of 2 Banks PNB and Bharat Overseas Bank – in an auction under the SARFAESI Act – They called for Tenders on 15.2.2005. These Banks did not inform that there was an attachment order against the flat in a case against the person who had mortgaged these flats to them Flat 501 and Flat 502 – Both Banks had filed Applications before the MPID Sessions Court on 25.2.2005 – for release of attachment order and were 100% confident that they had first right as they had advanced huge loans (Rs 17.5 Crores) to the borrower – and obtained physical possession in 2004 of Flats under SARFAESI Act from Chief Metropolitan Magistrates Court.
The MPID Court Judge on 21.3.2005 – told the Bank Officers – “I was to release the flat today, for you to sell but you have sold it 3 weeks before, so you deserve to be sent to Arthur Road Jail” – scared bank officers denied having sold the flat and claimed Mr Chhugani has forcibly left the Bank Drafts in their office. Meanwhile the Applications filed on 25.2.2005 have not been certain till today. After this incidence Mr Chhugani was arrested for trespass – and remanded to Police Custody for 5 days – And the same Sessions Court (MPID Court) discharged him on 30.1.2006 from the charge of trespass.
To conclude, if we revise the present status of Mr Chhugani, he lost the Flat and also Rs 51 lakhs that he paid in 2005 (consider property prices have jumped 800% in these 9 years and is now worth over Rs 4 Crores). After all the atrocities and agony, he is still waiting for the justice to happen.