Monday, November 02, 2009

MAHARSHTRA GOVERNMENT SPONSORED PROGRAMME FOR VIOLATION OF BASIC, FUNDAMENTAL CONSTITUTIONAL HUMAN RIGHTS GUARANTEED BY THE CONSTITUTION of INDIA

Please read the copy of petition filed with the Honorable Supreme Court of India against The Maharashtra State Government and The Secretary and Managing Committee of Premnagar Bldg No. 5 Co-op Hsg Society , Borivali(West), Mumbai-400092.

I am very sorry to inform you about very casual and negligent approach of the Maharashtra State Government , At India.The Maharashtra Government is not at all interested in solving my Complaints numbers PRSEC/E/2009/05151 Dated 20/08/2009 ( transferred on 28/08/2009) And Complaint Number PRSEC/E/2009/07174 Dated 15/09/2009(transferred on 13/10/2009). The complaints had been transferred to The Secretary AR And O AND M Long back . Still violation of Human Rights is continued deliberately and continuously since more than 6 Months with the support of Maharashtra State Govt Departments Viz., Municipality,Police Department. I just want to know why no action is taken so far. Indian Govt has signed International Treaty for protection of Human Rights.Please take into account very ……..very shameless and casual approach of The Maharshtra State Govt for open & Day-light violation of Basic & Fundamental Human Rights ( granted by Constitution of India to each & every citizen).

How can any Member or Members can carry on Business Activities from Residential Co-operative Housing Society ?

It is just gross violation and encroachment or attack on basic human right to live peacefully and dignity at residential area. Why only 3 to 4 Members are allowed to conduct business ? We are in total 112 members at society , allow all the

Members to conduct business. It is very transparent and clean violation of constitutional human rights guaranteed by

Constitution of India.

It is just deliberate and un-interrupted criminal act since last almost 6 months with the help of Local Police Station,Mumbai Municipalityand may be other departments. My dear friends it is a matter of Continuous & uninterrupted deliberate violation of my basic fundamental human rights(granted to all citizens under constitution of India) It calls for immediate criminal action against all responsible persons,employees,government servants of State Govt and The Co-op Hsg Society where I live with my family.

My demand is my Basic and fundamental Human Right to Life ,Right to live peacefully and Right to Live with dignity. An activist judiciary has also served to expand the scope of fundamental rights to incorporate economic and social rights as well. Progressive and creative judicial intervention expanded the scope of Article 21 of the Indian Constitution which guarantees the Right to Life. Justice Krishna Iyer and other activist judges, through a series of very significant judgements, drew extensively from human rights law, to conclude that the right to life means the right to live with dignity, and that the right to live with dignity includes the right to livelihood, right to education and right to health.

The constitution of India provides its citizens certain Fundamental Rights. These rights and duties are among the vital sections of the Constitution and prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. These essential elements of the constitution were developed between 1947 and 1949 by the Constituent Assembly of India. Part III of the Constitution of India defines the Fundamental Rights. These rights are basic human rights of all citizens and can be applied irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions. Rights are synonymous to freedoms and these rights or freedom is essential for personal good as well as the good of the community. In addition to that the rights guaranteed under the Constitution of India are fundamental because they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law.

If the state Government of Maharashtra and its departments do not want to take action please show me reason why? I have all rights to have information. My next question is why no action is initiated against departments,persons responsible for violation of human rights ? It means the Maharashtra Govt does not respect The Constitution of India and The Basic , Fundamental Rights of Citizens of India granted under constitution of India.

If The Govt of Maharashtra and its departments viz; Municipality ,Police and Other concerned departments do not want to take action it amounts to Contempt of The Constitution of India and Disregard for the Fundamental Human Rights granted by constitution of India.

I am submitting the matter to the Honorable Supreme Court of India and The Presidents of India to decide to take stringent action for contempt of deliberate and continuous Violation of Basic , Fundamental Human Rights granted by The Constitution of India and disrespect for The Constitution of India by The State Government Departments and Our Co-operative Housing Society Managing Committee.How Maharashtra Government can deny and refuse the constitutional Basic & Fundamental human rights granted by the constitution of India. I have already filed petition with the Honorable Supreme Court of India for continuous and deliberate violation of human rights since more than almost 6 months.How can just 3 to 4 members can conduct business activities from Co-operative Housing Society causing terrible harassment & torture to remaining 98 Members. Why other members are not permitted to use residential premises as commercial.It is a gross violation of fundamental human rights.Right to have equality ; rights to live with peace & dignity.I have requested & prayed to the honorable supreme court of India to please issue stay order against formation of new State Govt at Maharshtra.I/We the citizens of Mumbai do not want any ruling party whether Congress,B.J.P. or others to rule our state.The Govt does not respect Human Rights,The constitution of India even 3 complaints sent to the President of India had been overlooked by corrupted state government departments.

I have filed petition “WRIT PETITION S NO.13020, Diary No.26411 (CIVIL) OF 2009 IN THE SUPREME COURT OF INDIA

with the Honorable Supreme Court of India and Accepted by them. It is indeed pity that for protection of basic , fundamental human rights citizen has to approach the supreme Court of India. The Maharashtra State Govt and its departments eg., Police,Municipality and urba...n development must be punished. I wish we should have the President's Rule on permanent basis with presence of Central Reserve Police Forces, commandos to enforce law & order in Maharashtra and Mumbai. I had lodged 3 complaints to the President of India and transferred to Concerned Secretary at Mantralaya long back during August 2009, October 2009 but no action is initiated. I would seek stay order to be issued by supreme court of India against formation of New Government. I/We the citizens of Mumbai do not trust state Government and its departments for enforcing law & order at Mumbai.

With regards

Kashyap Vyas

Member of Amnesty International For promoting and upholding human rights around the world!

Prem Nagar Bldg No. 5, A-003, Off S.V.P. Road, Near MCF Garden & Vijaya Bank, Borivali(west),Mumbai-400092.

Mobile No:- +91 9221240810

Resident Landline Number :- 022-28901477

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