Legal Opinion required:-
Backggrounds:-
Mr. Sanjay Kumar Jhunjhunwala, Kolkata was the master mind behind attempt to murder me committed on 18/07/1986, and another attempt to murder my son was committed on 22/02/1991.
He constantly blackmailed me under his nexus with Shri Jyoti Basu and by misusing the Government Machinery, embraced several judicial officers and even my advocates to sabotage respective Court Proceedings.
In 1990 he filed a Defamation Suit against me, draft of which was settled by my long time Counsel Ld. Mr. P.K. Ray, Bar-at-law, who was not entitled to accept such assignment, after my protest letter he withdraw from the matte.
In the aforesaid Suit he obtain Injunction Order against me not to defame him. My contentions is that based on True Imputation calling him Mafia, or Calcutta (Kolkata) Mafia or Kolkata Land Mafia is not a defamation. In my future complaint/representations etc. I called him as Calcutta (Kolkata) Mafia, then he filed Contempt Proceedings against me, in which by filing a false affidavit of service obtain Rule from Hon'ble Calcutta High Court.
When aforesaid facts about obtaining Rule in Contempt Proceeding by filing false affidavit and other falsified statement made by him in his affidavits came to my notice, I filed application u/S-340 of Cr. P. S. against him for affecting the administration of justice. Hon'ble Calcutta High Court passed order for analogous hearing of both the matters: (1) his Contempt Proceedings and (2) My application u/S-340 Cr. P. C.
Thereafter, he compelled me to flee from Kolkata (Amrita Bazar Patrika referred the same in its news dt.15.11.1994). No further hearing was held in the matter.
Till Right to Information Act, 2005 was not enacted I lived in Delhi with hiding addresses.
After RTI Act was enacted, I started to collect information from different public authorities. Immediately thereafter on 16.3.2006, without giving me notice, he withdraw his aforesaid Defamation Suit.
In last five years, I have successfully collected very important informations from several public authorities to justify my true imputation. Thus now I started to serve Legal Notices to separate/different Public Authorities, for damages caused by way of infringement of my fundamental rights, particularly caused due to non-action, ill-action, misfeasance, ill-feasance, nonfeasance, criminal action committed under a criminal connivance committed by Kolkata Land Mafia Sanjay Kumar Jhunjhunwala and his associates, which ultimately encouraged, supported and abetted him to continue his black mailing activities against me.
After receipt of copies such two notices (1) Kolkata Municipal Corporation; and (2) Union of India with regard to scam of valuable Railway Land, he served legal Notices to Yahoo, Google etc and some other Foreign Companies being owners of Websites, with regards to my posting calling him Kolkata Land Mafia, and now it was transpired that he also filed a fresh Defamation Suit in Calcutta High Court for Rs,75 Crores against me and aforesaid foreign companies, basically based on the aforesaid Injunction Order issued in the aforesaid earlier Defamation Suit which already withdrawn by him on 16.03.2006, and on the aforesaid Rule, which was obtain in 1991 by filing false affidavit of service.
Therefore, in view of the aforesaid background I am seeking opinions on the following legal issues:-
(1) Whether through a fresh Defamation Suit pertained to same issue, can he obtain Injunction Order particularly against filing of appropriate proceedings in Court of Law in terms of my Legal Notices served under Section 80 of CPC upon different Public Authority, certainly through which I will prove that he is Mafia, and public authority not performed its statutory duties in spite of my repeated complaints?
(2) Whether Clause 12 of Letters Patent can be applied in respect of a Rule which was obtain by filing false affidavit of service and which is sub-judice in application under Section 340 of Cr. P. C. and since the aforesaid order for analogous hearing no further hearing was held?
(3) ON Any other point of law?
With Regard,
Milap Choraria
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