1. That the Petitioner is filing the present writ petition as a Public. Interest Litigation under Article 226 of the Constitution of India for

Transcription

1 MOST RESPECTFULLY SHEWETH : 1. That the Petitioner is filing the present writ petition as a Public Interest Litigation under Article 226 of the Constitution of India for enforcement of the Fundamental Rights guaranteed to the citizens of India under Articles 14 and 21 of the Constitution. The Petitioner states that he has no personal interest in this instant litigation and this petition is not guided by self gain or for gain of any other person/institution/body and there is no motive other than public interest in filing this instant petition. The petitioner is a prominent RTI activist. That the Petitioner is filing the present writ petition as a Public Interest Litigation under Article 226 of the Constitution of India for enforcement of the Fundamental Rights guaranteed to the citizens of India under Articles 14 and 21 of the Constitution. The petitioner is a prominent Social activist and presently holding the post Secretary General, Asomiya Yuva Mancha (A youth organisation of Assam). Over the years he has been leading many anti-graft movements in the State. To unearth huge corruption in Dima Haso,

2 2 the Petitioner also approached this Hon ble Court by way of filing PIL, the same was registered and numbered as PIL No. 144/2015 before this Hon'ble Court and this Hon'ble Court passed a number of orders in the said PIL and because of the intervention of this Hon ble Court, the investigation was ended in its logical conclusion. Further, against 24 hours Karbi Anglong Bandh from 19 th May 2018 at 5 am to 20 th May am called by local organisations, the Petitioner approached this Hon ble Court as the same was in utter violation of law laid down by Hon ble Apex Court and this Hon ble Court. And because of the intervention of this Hon ble Court in PIL No. 31/2018, the said organisations were compelled to withdraw the same. It is further stated the petitioner has the means to pay the costs, if any, imposed by the Court. 2. That the Petitioner states that the information as well as the documents involving in the present litigation has been derived from different sources.

3 3 3. That the petitioner begs to state that the general people of the nation and the people of Assam more particularly the resident of Barpeta District at large are directly affected by the issues involved in the present litigation and since they are not organised, the petitioner is filing the present petition on their behalf in the larger interest and security of the general people of the State of Assam as well as the Nation. 4. That the petitioner begs to state that the order likely to be passed in the present litigation shall protect the security and interest of the public at large. The details of the respondents are mentioned in the memo of parties hereinabove. 5. That the petitioner is a qualified person who has completed graduation and presently serving as the Secretary General of Asomiya Yuva Mancha. The Petitioner is a public spirited citizen of India who is a resident of the State of Assam and is concerned with the security and of the State and the welfare of people of Assam.

4 4 6. That the instant public interest litigation is filed to bring to the notice of this Hon ble Court regarding more than 500 (Five Hundred) Crore Rupees insurance scam/fraud takes place in the State of Assam more particularly in Barpeta, Dhubri, Darrang, Nagaon district in connivance with Police personnel, Govt. Officers including employees of Medical Record Department, Insurance Agents, Insurance Employees, Doctors, Gaon Burah, Asha Workers under Primary Health Centre(PHE)/ Community Health Centre(CHE) at rural level, Bank official, Employee of Postal Department etc. 7. That the Petitioner begs to state that organized gangs are grooming in the State of Assam for the last a few years looting crores of rupees from the insurance companies private as well as Govt. Of India undertaking by claiming a number of insurance policies which was manufactured after making new documents like opening Bank Account after the death of a person, Post-Mortem Report, Death Certificate, Insurance Policies etc. in connivance with Police personnel, Govt. Officers including employees of Medical Record Department, Insurance Agents, Insurance Employees, Doctors,

5 5 Gaon Burah, Asha Workers under Primary Health Centre(PHE)/ Community Health Centre(CHE) at rural level, Bank official, Employee of Postal Department etc. 8. That the petitioner begs to state that these gangs are working in a very planned manner by making orgainsed network involving Police personnel, Govt. Officers including employees of Medical Record Department, Insurance Agents, Insurance Employees, Doctors, Gaon Burah, Asha Workers under Primary Health Centre(PHE)/ Community Health Centre(CHE) at rural level, Bank official, Employee of Postal Department etc. in village area. The duty of members of these gangs in grass root level is to collect data about person(s) who died in last one or two months. Thereafter, the members of these gangs approach the family of the deceased and convince them by saying that they know certain schemes floated by Govt. By which Govt. will support the deceased family by way of giving lump sum amount for their livelihood. Accordingly, the family members of the deceased are asked to provide PAN Card, Voter ID etc. of the deceased to the members of the gang. Thereafter, they

6 6 open the Bank Account of the deceased in the connivance of Bank official by the said gang. Thereafter, they obtain insurance policies of the deceased in different insurance companies including under Pradhan Mantri Jeevan Jyoti Bima Yojana (herein after in short referred to as PMJJBY ) in the connivance of insurance official. It is relevant to mention herein that the said gang also manage Post Office officials like post master, peon etc. so that they can collect insurance policies and cheques etc. Thereafter, after two to three months, they claim insurance claim by submitting manufactured documents which is obtained in connivance of Doctors, Police Personnel and other Govt. official etc. The petitioner came to know that in one insurance claim, approximately Rupees Lakhs are claimed by them from different insurance companies. 9. That the petitioner begs to state that to unearth the said colossal corruption, the Petitioner obtain copies of the documents in respect of one deceased namely NAWAB ALI alias NOWAB ALI. On , an application was submitted by Dr. Rubul Das

7 7 (Respondent No.19 ) and Dr. Shahidul Islam (Respondent No.20), In-Charge, Fakharuddin Ali Ahmed Medical College & Hospital (herein after in short referred to as FAAMCH ) before the officer in charge, FAAMCH Out Post, Barpeta, Assam stating inter-alia that one NAWAB ALI, aged 25 years, C/o Ruben (Late Munser Ali), Mahammadpur (Kadong), PS- Barpeta, Dist :- Barpeta(Assam) died during registration in Casualty Department. Alongwith the said application a written report, Chalan and post-mortem report were also submitted. In the inquest report dated , it is mentioned that the reason of death is fall from electric post. Further, the challan prepared in connection with the said U/D case No. 26/14 dated , the dead body of the deceased was identified by the Respondent No. 10 (UBC-168,Rajesh Singh Yadav). The post-mortem report was signed by the Respondent No. 17. In the post-mortem report dated , the Respondent No. 11 who is police personnel identified the dead of deceased.. In the Final Report dated , submitted by the Respondent

8 8 No. 9, it is mentioned that Nawab Ali died on because of the suicidal accident. Copies of application dated , Inquest Report dated , Challan of dead body dated , Post Mortem Report dated and Final Report dated are annexed herewith and marked as ANNEXURE- I,II,III, IV & V respectively. 10. That surprisingly, on , One Akabbar Ali ( the Respondent No. 21) filed an application before the Court of learned Chief Judicial Magistrate (herein after in short referred to as CJM ) stating interalia that his own brother NOWAB ALI died on and against this GD Entry No. 371 was also done. In the said application it was prayed to provide him post-mortem report. Accordingly, on the body of said application, the learned CJM directed the Respondent No. 16 to furnish the same if there is no objection.

9 9 A copy of the said application is annexed herewith and marked as ANNEXURE- VI. 11. That the petitioner begs to state that post mortem report dated of dead person namely Nawab Ali alias Nowab Ali who died on as per first post-mortem report dated was prepared by the Respondent No.18 who is doctor. In the said report, it is mentioned that dead body was identified by the police personnel Respondent No. 12. Death Certificate of Nowab Ali was also issued. Copies of post-mortem report dated and Death Certificate dated are annexed herewith and marked as ANNEXURE- VII & VIII respectively. 12. That to substantiate the death of Nowab Ali, the said gang also managed Gaon Bura namely Saagar Ali to confirm and issue a certificate endorsing that Nowab Ali died on

10 10 A copy of the certificate issued by Gaon Bura is annexed herewith and marked as ANNEXURE- IX. 13. That the Petitioner begs to state that Nawab Ali alias Nowab Ali actually died on But the insurance scam gang to lodge insurance claim manipulated and managed Police personnel, Govt. Officers including employees of Medical Record Department, Insurance Agents, Insurance Employees, Doctors, Gaon Burah, Asha Workers under Primary Health Centre(PHE)/ Community Health Centre(CHE) at rural level, Bank official, Employee of Postal Department etc. It is relevant to mention herein that petitioner after taking so much pain has obtained information regarding one of the insurance policy with Bajaj Alliance Life Insurance. Details of the same is given below : Name of Insured Person : Nowab Ali Date of Birth : Policy No. : Ist Premium Paid :20055/- ( After the death)

11 11 Coverage started w.e.f. Nominee Name : ( false date of death) : Mofida Khaton (deceased s wife) 14. That the petitioner begs to state that in the both case, the name of father of deceased is same. Further, in the inquest report dated ( Annexure-II), deceased was identified by one Ekabbar Ali who is brother in law of deceased as per the inquest report. Further, in the application (Annexure-VI) filed before learned CJM, the applicant whose name is written as Akabbar Ali son of Late Munser Ali claiming himself as own brother of the deceased. From the above it clearly transpires that insurance scam gang is looting crores of rupees by making documents after the death of person in a very planned manner in connivance of Police personnel, Govt. Officers including employees of Medical Record Department, Insurance Agents, Insurance Employees, Doctors, Gaon Burah, Asha Workers under Primary Health Centre(PHE)/ Community Health Centre(CHE) at rural level, Bank official, Employee of Postal Department etc. in village area of State of Assam. As such an

12 12 independent investigation preferably by the proforma Respondent No. 33 (CBI) is necessary to unearth the entire scam. It is the need of hour that the said investigation is required to be monitored by this Hon ble Court so that no one can be spared who is involved in the entire scam. 15. That the petitioner begs to state that the petitioner managed to get information regarding two more such type of insurance claims where the insurance gang obtained the insurance policies after death of the person. One Md. Jabed Ali Mandal resident of village;- Mazrabari, P.S. Bizni, Dist:- Chirang who actually died in the month of January or February 2014 at his residence. After his death, members of insurance scam gang obtained documents showing date of his death on because of road accident under Barpeta Road Police Station and claimed insurance in connivance of Police personnel, Govt. Officers including employees of Medical Record Department, Insurance Agents, Insurance Employees, Doctors, Gaon Burah, Asha Workers under Primary Health Centre(PHE)/ Community Health Centre(CHE) at rural level, Bank official,

13 13 Employee of Postal Department etc. in village area. Further, Md. Sabed Ali of Vill :- Bheraldi, PO;- Keotkuchi, P.S. :- Barpeta, Dist.:- Barpeta who actually died on because of lightening but the members of the insurance gang managed to prepare a post mortem report showing his date of death for claiming insurance. 16. That the petitioner begs to state that the petitioner gathered the in information about the main member of the gang, two of them have been arrayed as the respondent No. 13 & 14, earned crores of rupees in short span of time by looting amount received on account of fake insurance claims. Further, the Petitioner has come to know that Md. Ayan Ali who is Dalal, the Respondent No. 14 possesses property of more than 100 (Hundred) Crores. It is relevant to mention herein that the petitioner has further come to know that the members of the insurance scam gang in order to please gaon bura used to gift them with Motor Bikes etc.

14 That the petitioner begs to state that the members of the insurance scam gang are very powerful financially, politically as well as have connections with Goons. The petitioner apprehends that they may cause damage to the Petitioner and his family. As such adequate security is required to be given to the Petitioner in the interest of justice. 18. That the petitioner has no other alternate and efficacious remedy and the remedy sought for by way of the present writ petition is just, proper and adequate. 19. That the petitioner demanded justice but the same has been denied. 20. That this petition has been filed bonafide and in the interest of justice. In the premises aforesaid, it is respectfully prayed that Your Lordships may graciously be pleased to admit this petition, call for records and issue a Rule

15 15 calling upon the respondents to show cause as to why a Writ in the nature of Mandamus and/or a Writ of like nature should not be issued a) Writ in the nature of Mandamus and/or a Writ of like nature should not be issued directing the Respondent No. 33 (CBI) to register and investigate into the matter and submit report before this Hon ble Court. b) a Writ in the nature of Mandamus and/or a Writ of like nature should not be issued directing the Respondent No. 15 & 16 to seize the entire documents relating post mortem etc. conducted during last 5(five) years.

16 16 c) a Writ in the nature of Mandamus and/or a Writ of like nature should not be issued directing Enforcement Directorate to register and investigate the issue of money laundering and benami transactions. d) a Writ in the nature of Mandamus and/or a Writ of like nature should not be issued directing the Respondents to recover the public money collected by the insurance scam gang. e) a writ of mandamus should not be issued directing the Respondent Nos. 33 (CBI) and 34 (ED) to prepare and submit monthly progress report of the investigation before this Hon ble Court f) a writ of mandamus should not be issued directing the Respondent Nos.

17 17 25 to 32 to submit report in respect of insurance claims during last 5(five) Years. g) a writ of mandamus should not be issued directing the Official Respondents to provide adequate security to the Petitioner. And upon cause and causes that may be shown by the parties, and after hearing the parties, be pleased to make the Rule absolute and/or pass any other order or orders as Your Lordship may deem fit and proper. -AND- Pending disposal of the instant petition, Your Lordships may be further pleased to direct the Respondent Nos. 25 to 32 to submit report in respect of

18 18 insurance claims submit report in respect of insurance claims during last 5(five) Years and further direct the Respondent Nos. 15 & 16 to seize the entire documents relating post mortem etc. done during last 5(five) years and further direct directing the Official Respondents to provide adequate security to the Petitioner. And for this act of kindness your humble petitioners shall ever pray.