From

Manoj Oswal,
1st Floor, Kesariya
Apartments,
149 Bhawani Peth, Near
Gokul Talim,
Opp Parshwanath Complex,
Pune 411 002.
T : 02026383036
M : 9890044455
E : me@whomanoj.com
21st March 2015
To,
1. The Honble Chief Justice of India,
The Supreme Court of India, New Delhi (Through registrar
supremecourt@nic.in)
2. The Hon Collegium of Judges,
The Supreme Court of India, New Delhi
(Through registrar supremecourt@nic.in)

Copy to:
1. Shri Pranab Muherjee,
The Honble President of India,
Rashtrapati Bhavan, New Delhi
2. Mr. Narendra Modi,
The Honble Prime Minister of India,
Prime Ministers Office, South Block, New Delhi
3. Mr. D V Sadananda Godwa,
Honble Minister for Law and Justice,
Ministry of Law, Justice and Legal Affairs,
Shastri Bhavan New Delhi
sadanandagowda@yahoo.com
4. Mr Devendra Fadnavis,
Chief Minister of Maharahstra,
Mantralaya, Nariman Point,
Mumbai
cm@maharashtra.gov.in

5. Mr Vidyasagar Rao,
Governor of Maharshtra,
Raj Bhavan, Malabar Hill, Mumbai
governor-mh@nic.in
6. The Bar Association of Bombay High Court,
Bombay Bar Association
Room No 57, 3rd Floor, High Court Building
Dr M Kane Marg, Bombay 400 032
Phone
+91-22-2267-3367
honsec@bombaybar.com
7. CJAR,
6/6 (basement) Jungpura
Near Missionaries of Charity
Off Mathura Road
NEW DELHI - 110 014
Cell# (0)9811164068 CJAR, C-67, Sec 14
judicialreforms@gmail.com
SUBJECT: MISCONDUCT AND GROSS ABUSE OF JUDICIAL POWERS BY A
SITTING CHIEF JUSTICE OF THE HONBLE BOMBAY HIGH COURT,
URGING IN-HOUSE PROCEEDINGS AND URGING THAT HE MAY NOT BE
ELEVATED AS A JUDGE OF THE SUPREME COURT OF INDIA
RE: JUSTICE MOHIT SHAH, CHIEF JUSTICE OF THE HIGH COURT OF
BOMBAY,
Dear Sirs,
This is to bring to your notice, the gross abuse of powers by Justice
Mohit Shah, Honble Judge of the BOMBAY HIGH COURT, in passing
malicious orders that were calculated to provide illegal gains and assist
in land grabbing The orders were passed without jurisdiction or
following due process, an order that will make it a cake walk for Pratap
Govind Pawar to grab properties of a mentally invalid lady. He is
brother of Sharad Pawar who is a powerful politician in Maharashtra
and his family has huge interest and investments in real estate
projects.

The facts leading up to the orders, as well as the manner in which they
were passed, will make it evident that, apart from being totally devoid
of jurisdiction and the force of law, they are driven by mala fides. It is
feared that if such conduct by a judge holding a responsible position in
the High Court were overlooked, it would seriously undermine the rule
of law and public confidence in the judiciary. If a judge of the Chief
Justice of the High Court gets away with impunity even though his
misconduct and abuse of position is common knowledge, the public
would lose confidence in the very institution of democracy and in those
responsible for his appointment. I accordingly, urge that in-house
proceedings be instituted against the said Judge, in the face of such
glaring misconduct. This, it is reiterated, is absolutely necessary, to
demonstrate swift corrective and deterrent action. I also urge that the
Ld Judge may not be elevated as a judge of the Supreme Court.
Reasons, Background and History
Passed a series of orders with sole motive of protecting Prataprao
Pawar (Borther of Sharad Pawar) to ensure that the properties that
they want to usurp can be usurped. This is in complete disregard to
the every established principle of justice and procedure of the court.
In 2011 a writ petition was filed with the following key facts
Civil WP/7910/11 Pronoti Vyas vs Disability Commissioner, State of Mah
and others
(1)Ms Claude Lila Parulekar a mentally invalid lady with no
relatives and is under illegal detention since 2010.
(2)She is having severe dementia and can not understand what
she is signing. Apart from about

7 private and Govt and

medical certificates were filed, annexed to the petition was an

entire mock sale agreement signed for sale of tajmahal by this
lady on every page without knowing the contents.

(3)Taking advantage of this situation Prataprao Pawar, her rival

whom this lady fought for 20 years, has taken control of her
person and properties by posting 24 guards illegally in her
bungalow without any authority.
(4)She has 200 animals in her possession all of which are being
mistreated, neglected and abused and are to be killed for
property.
(5)They have transferred her shares worth Rs 400 crore (40%)
onto their names.
After which a series of illegal orders were passed to protect the interest
of Pratap Pawar who clearly was in the properties of this lady without
any authority.
Instance 1 :
Permitting a planted lawyer to appear for a person known to
be mentally invalid. The same person (Lila Parulekar) is added
as respondent no.6 and respondent no.9 in the same petition.
When court enquiry nailed a lawyer, The Chief Justice simply
not just let him off the hook, but also permitted him to
represent the mentally invalid lady,

whom he represents till

the current date .

On his part Chief Justice Mohit Shah passed the following orders.
(1)First, on 30 September 2012 the court on mere oral submissions
allowed Adv Sunil Kadam to represent Lila Parulekar despite she
being mentally invalid person (making her Respondent no.6) and
passing and order stating Adv Kadam to be added as a party to
the proceedings as a lawyer for this lady.
(2)Further on order dated 27.1.2012 the Honble Chief Justice
permitted Adv Kadam to seek further instructions from Lila
Parulekar in relation to her shares and obtain her bank

statements and income tax details thereby confirming that the

Chief Justice was indeed conceding to the argument that Sunil
Kadam is her lawyer.
(3)Secondly a few hearings later on 12/04/2012, due to strong
arguments by Sr Advocate Mahesh Jethmalani, Justice Mohit
Shah passed a further strange order added the mentally invalid
lady separately again as a party respondent to the petition.
(Respondent no.9)
(4)Then a new

lawyer (Dipesh Siroya) appeared with her

vakalatnama and an affidavit stating that his client is in illegal

detention and he was not permitted to meet his new client (Mr
Parulekar) whose vakalatnama is in his hand. This created an
unprecedented scene in the court, one mentally invalid lady is a
party to a civil writ petition both as respondent no.6 and
respondent no.9 and was represented by two groups of
advocates, both rivalling each other.
(5)The court was compelled to make an enquiry into the fact as to
who her real lawyer was. The Registrar of Pune District Court
visited the lady and made following observations
a. Ms Parulekar is not in a position to understand the
questions and is therefore not in a position to appoint a
lawyer
b. Her caretaker was deliberately trying to influence Ms
Parulekar and prompting her directly to tell her name of
Adv (Sunil) Kadam.
c. After which this same Advocate Sunil Kadam came went to
the court and met her in her chambers and asked her to
come along with him to Ms Parulekar. This she indicated in
the report that this was an attempt to influence her.
(6)After this report was made available to the court, Chief Justice
Mohit Shah passed an order saying

It appears that Ms Parulekar is not keen on appointing a

lawyer.
(7) Even today, about 3 years later, the lady is still a party to the
proceedings as respondent no.6 and respondent no.9. Adv Sunil
Kadam is still claiming to represent her and the court has not yet
appointed a guardian ad litem for her.
Instance 2 : Passing an order to clear the land of Ms
Parulekar in favour of Pawars without any law or authority.
(1)The respondents no.7 Pawars / Sakal Papers have absolutely no
legal rights over Ms Lila Parulekar or her property. This is
undisputed.

However

they

have

filed

several

affidavits,

applications and submissions stating they shall not allow

activities to be conducted as per the orders of the court (without
stating the reasons). The Chief Justice failed to act on them.
(2)Then they argued that the 200 odd animals be moved from the
prime property of Lila Parulekar and shifted to a property in Urli
Devachi owned by them (Pawars) outside the city. The area Urli
Devachi, that it was to be shifted is that is the largest garbage
dump of Pune.
(3)The Honble Chief Justice himself passed an order directing that
the animals cared and owned by this lady be shifted to property
of the Pawars keeping while some only animals in this property.
None of the parties suggested this other than the Pawars. The
court did not give any valid reason for doing so. The order said
that Lila Parulekar may be harmed by these animals as they are
sick. No doctor reported that she is under any threat from these
animals, in fact 8 doctors reported that she is under proper care
and needs nothing further.

(4) Fortunately the Animal Welfare Team directed to conduct this

transfer refused to do so and raised a series of uncomfortable
questions before the court and this order was not executed.
(5)Irrespective of all this, the order remains illegal and with an
oblique motive of removing animals from the property making it
easy for the Pawars to grab it.
Instance 3 : Ignoring affidavit of nurse detailing attempt to
murder Ms Parulekar by Pawars
The Honble Chief Justice was confronted and strongly urged by the
petitioner in WP/7910/11 that to make the case infructuous, attempts
are being made to kill Ms Parulekar will help of the employees and a
rogue nurse who has been employed at the instance of the Pawars.
The nurse gave a detailed affidavit on how the usual treatment of Ms
Parulekar is being obstructed, how she is being given overdose of
medicines and how she was thrown off th chair and her basic human
rights are being violated. It was a fit case for making at least an
enquiry into the serious allegations. The affidavit was not disputed, the
facts were not even denied but the Honble Chief Justice passed a terse
order

on

19-03-2012

stating

It appears that there are some complaints/cross-complaints by

nurses looking after Ms. Lila Parulekar. It is not possible for this Court
to go
into such rival versions. The Court would, therefore, leave it to
Dr. Ichhapuria who has been looking after Ms. Lila Parulekar for last
many
years, to decide as to who should be engaged as Day Nurse /Night
Nurse or

any other person for giving assistance to Ms. Lila Parulekar for her
medical
requirements or any other requirements. An authenticated copy of this
order, therefore, be sent to Dr. Ichhapuria
The court did not take cognizance of the matter despite the fact that
even the Central Home Minister ordered an enquiry into the matter
who after plain reading of the affidavit was shocked. As per the
procedure the court should have directed the police to enquire into the
matters, how could a private doctor, a neurologist do anything in
matters relating to assault and attempt to murder? Particularly when
the culprit is before the High Court, not denying that he has attempted
to kill the lady and the High Court thinks it has no role to play in the
instance.
This one affidavit, if enquired would have nailed the Pawars and put
them behind jail which the High Court for reasons best known to only
the CJ.

Instance 4 : Rejecting application of Smt Maneka Gandhis

organization People for Animals without any valid reason.
The animals in the property were later being taken care of Smt Maneka
Gandhi through her NGO People for Animals as per orders of the Chief
Justice. During every hearing it came to the notice of the court, that
the Pawars are not allowing activities permitted by the court itself.
They themselves filed an affidavit stating that People for Animals
volunteers are a nuisance and therefore they did not permit Manoj
Oswal and his people inside the properties. This dispute continued for
many hearings, after which the court called for an all party meeting.
The minutes of meetings castigated Sakal Papers for interference and

questioned their interference. After perusing the minutes of meetings

the Chief Justice simply rejected the application of Ms Maneka Gandhis
NGO, who was, as per reports on record taking best possible care of
the animals and was facing constant obstructions from Pawars.
Instance # 5 Rejecting application of Govt of India on frivolous
reasons.
Further, the Statutory Body Animal Welfare Board of India, under the
Central Government who sought to monitor the animals was thrown
out of the petition by the chief justice by rejecting their application.
The order gives no clarity on why the application is rejected other than
that they do not have office in Pune and they will act through animal
welfare officers. The animal husbandry department who is most
reluctant and incapable of animal care was roped in (since that
department was under control of Pawars political party). Since them
most of the animals in the shelter have been killed by neglect and
misuse.
5. Additional documents in support of the contentions:
A. Copy of Writ P

etition and relevant orders

B. Copy of medical reports indicating her mental status to be invalid

C. Copy of affidavit of Sakal seeking transfer of animals to their
property adjoining a garbage dump.
D. Affidavit of Bombay High Court Committee and Minutes of All
Party meeting indicting Sakal and suggesting formation of a
Committee for Care of Animals.
E. Affidavit of Nurse affirming that they are attempting to kill Lila
Parulekar.
F. Report of Registrar of Pune District Court indicting Adv Sunil
Kadam as not being the lawyer of Ms Parulekar (who was planted
by the Pawars.)

G. Additional Affidavit of petitioner in 7910/11 to decide her mental

status and status of her advocate.
H. Affidavit of Lawyer appointed on orders of High Court named
Dipesh Siroya stating Lila is under illegal detention and she is not
permitted to meet her court appointed lawyer.
I. Order of enquiry by Home Ministry
J. Legal notice to Abhijit Pawar and Pratap Pawar
6.

Details of individual making the complaint:

Name:

Manoj Oswal

Address:

Ist floor, Kesariya Apartment,

149 Bhawani Peth, Pune 411002.

Tel:

02026383036

Mobile:

09890044455

Email:
7.

manoj@01s.in me@whomanoj.com

Orders

Date of the Orders

30/09/2011

Summary of relevant orders

Permitting Adv Sunil Kadam to be added as a

03/02/2012

party as lawyer for Ms Parulekar.

Directing animals to be moved at the property of
Sakal

19/2/2012

Directing an all party meeting

25/4/2012

Rejecting application of NGO People for Animals

purely on basis of objections of Pawars who had

17/7/2012

no locus.
Directing enquiry as to who the real lawyer of

03/7/2012

Lila is
Observing that Lila does not seem to be keen on

appointing a lawyer
I therefore request you to please initiate in-house proceedings and
urging that he may not be elevated as a judge of the Supreme Court of
India.

Regards

Manoj Oswal
(manoj@01.s.in / oswal.247@gmail.com )
www.whomanoj.com