SENIOR WOMAN CITIZEN ANUSUYA PATIL AGED 68 YEARS MERCILESSLY ASSAULTED BY BUILDER SONU GAVALKAR IN THE PRESENCE OF DADAR (MUMBAI) POLICE STATION OFFICER VILAS MORE .

ISSUES: Freedom of expression ; Human rights defenders; Threats and intimidation; Victims assistance & protection

Complaint  E mail  is  deleted  by  Chief  Minister  of  Maharashtra  Office. I  E mail  you  herewith  full proof  evidence. Senior Woman Citizens  is  assaulted  by Builder  in  the  presence  of  Police  station. Instead  of   initiating  action   in  response  to  my  E mail   grievance  CM  Office  has  deleted  email   abruptly. Please  read  full   evidence   given   below  ;

 

_____________________________________________
From: Chief Minister [mailto:CM@maharashtra.gov.in]
Sent: Wednesday, February 08, 2012 12:33 PM
To: Kashyap
Subject: Not read: SENIOR WOMAN CITIZEN ANUSUYA PATIL AGED 68 YEARS MERCILESSLY ASSAULTED BY BUILDER SONU GAVALKAR IN THE PRESENCE OF DADAR (MUMBAI) ; INDIA POLICE STATION OFFICER VILAS MORE .
Importance: High
Sensitivity: Confidential

 

Your message

 

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      Subject:            SENIOR   WOMAN   CITIZEN  ANUSUYA  PATIL   AGED  68  YEARS  MERCILESSLY  ASSAULTED  BY  BUILDER  SONU  GAVALKAR  IN  THE  PRESENCE  OF  DADAR (MUMBAI)  ; INDIA POLICE  STATION   OFFICER  VILAS  MORE .

      Sent:                 04/02/2012 6:55 PM

 

was deleted without being read on 08/02/2012 12:32 PM.

 

I  am  also  sending  the  email  to  4000 plus media  reporter , journalists. Also  this  will  be  published  on FACEBOOK, GOOGLE,LINKEDIN  &  ATLEAST  50  SOCIAL  NETWORK .

“Urgent action is based on a simple idea: when someone is in immediate danger of serious abuse , Threats to their life the government responsible for perpetrating or failing to prevent that abuse will receive thousands of faxes, telegrams, emails and air-letters from every part of the globe. Those messages tell the authorities that the world is watching, and create pressure to stop the abuse.

 

Nowadays, the network tackles about 400 new cases and up to 300 updates each year, addressing not only torture but also death threats, the death penalty, 'enforced disappearance', forced repatriation, extrajudicial execution, secret detention, forced evictions and a range of other human rights violations.”

PUBLIC INTEREST LITIGATION & LETTER PETITIONS :-

Public Interest Litigation is meant for enforcement of fundamental and other legal rights of the people . who are weak, ignorant of legal redressal system or otherwise in a disadvantageous position, due to their social or economic background. Such litigation can be initiated only for redressal of a public injury, enforcement of a public duty or vindicating interest of public nature. It is necessary that the petition is not filed for personal gain or private motive or for other extraneous consideration and is filed bona fide in public interest. PIL Letter Petitions: Petitions received by post can be treated as writ petitions.

This Public Interest Litigation ( PIL) IS filed under article 226 & 227 of the Constitution of India 1949 And seeks to prevent deliberate ,intentionally And Uninterrupted violation of Basic & Fundamental Constitutional Human Rights granted under Article 21 of The Constitution of India. Further it is respectfully submitted that as a citizens of India We are empowered to approach The Honorable Bombay High Court / Supreme Court of India under Article 32. The right to move the Honorable Courts by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

 

No one is above Constitution of India and at the same time judiciary is not subservient of the legislative and the executive. On the contrary the courts are vested with two important powers. First to issue writs under Art 32 and Art 226 of the Constitution of India to enforce the fundamental rights. Secondly in addition the High Courts are also vested with additional power of issuing writs for any other right that is for any civil right. There is another power under Article 227 of the Constitution of India which is power of superintendence over all courts and tribunals.

 

Mahabharat may not be repeated again. Otherwise the Union Government and any state government would play the role of Duryodhan and Dhrutarastra and Droupadi the democracy will be attempted to be nude. Will judiciary look to the scene as on looker like Pandav without any sensitiveness and feelings toward the public and duty towards Constitution.

PRAYER / RELIEF IF ANY SOUGHT

Issue an appropriate Writ, order or direction including a Writ directing respondents to ensure due protection to ANUSUYA PATIL AGED 68 YEARS & prevent violation of Basic & Fundamental Constitutional Rights under Article 21 of the Constitution of India.

 

It is prayed that The redeveloper , Police Department , Criminals , Concerned Political Mafia must be rigorously punished. It is Further prayed to order Compensation of At least 50,00,000/- (Rupees Fifty Lakh Only) to the ANUSUYA PATIL from BUILDER / Redeveloper As well as Mumbai Police .

 

It is most respectfully submitted to initiate stringent criminal action against The BUILDER/developer under the provisions of Sections 3, 3-J, 4, 5, 10, 11, 13 of the MOFA Act r/w Rule 9 of the MOFA Rules. ; Initiate action u/s 406 & 407 of IPC read with Sections 415 and 420 of the Indian Penal Code, 1860.

 

Further Following are the charges against such felonious Builders under Maharashtra Regional & Town Planning Act as well as Indian Penal Code: Initiate action u/s 406 of Indian Penal Code read with Sections 415 and 420 of the Indian Penal Code, 1860.

 

The above sections are reproduced herewith for ready reference.

Section 406 of the Indian Penal Code, 1860 states;

“406 Punishment for criminal breach of trust – Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”

 

Section 415 of the Indian Penal Code, 1860 states;

“415. Cheating – Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Section 420 of the Indian Penal Code, 1860 states;

“420. Cheating and dishonestly inducing delivery of property – Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a value security, shall be punished with imprisonment of ether description or a term which may extend to seven years, and shall also be liable to fine.”
It is most respectfully submitted to please Issue a writ petition or a writ order of directions to entrust this matter to the CENTRAL BUREAU OF INVESTIGATION (CBI) AND (ACB) Anti Corruption Bureau , Director, Anti Corruption Bureau, Maharashtra,1st Floor, Madhu Industrial Estate, Pandurang Budhkar Marg,Worli, Mumbai 400 013 , Tel: +91- 22 - 2492 1212 Mumbai , Maharashtra to take action against all responsible offenders. Further it is most respectfully submitted to please dispose of this petition at the Stage of admission since it involves transparent and gross violation of The State Law and The Basic , Fundamental Constitutional human rights guaranteed by The Constitution of India to every citizens.