Sept. 1st.1999

Mr. Soli Sorabjee
Attorney General of India
Supreme Court
New Delhi

Dear Mr. Sorabjee,
It may be recalled that on 14th July 1997, the thenChief Justice of India (CJI) during the hearing of the Jain Hawala case said in open court that a certain gentleman had made efforts to bring pressure on him and on the other two judges hearing the case, namely Justice SCSen and Justice Bharucha, to 'recuse from the case'. I quote the CJI's observations as reported in the press next day :
"There has been this gentleman who has been trying his best to meet me and has failed. But now, I am shocked to hear from the brother judge Justice SC Sen, that someone had managed to meet him. Justice Sen happened to recount this incident to me, and when I asked him whether it was the same gentleman who tried to reach me, he confirmed it. The issue had upset him very much but I told him to forget it........I am saying all this and that too in a restrained manner only because, it is spreading to my brother judges. All types of things began happening to me and the same things are happening to my brother judges. We are getting all types of calls with some persons persistently trying to reach us and influence us. We know some people in the Court must be connected with these activities. This type of harassment will not work. We are not going to recuse ourselves from this bench. Only this bench will hear the case and non else".

Justice Verma indicated very clearly that he knew the identity of the person, and also that it was the same person who had tried to approach all the three judges sitting on the bench. This remark clearly indicates that the person tried to influence the course of justice in a premeditated manner having approached all the three judges hearing the case.
The remarks of the CJI were been widely reported in the press. Almost all right minded people in the country continue to be outraged by the attempt made by this 'gentleman' to prejudice and interfere with the due course of justice.
The Supreme Court Bar Association had passed a resolution on 22nd July, 1997, condemning the interference with the functioning of the highest court and requesting the CJI to take contempt of court action against the person concerned.
Several eminent lawyers had written articles in the press calling upon the then CJI to take contempt of court action against the person concerned. This issue formed the subject matter of debate in Parliament on 29th, July 1997 when many parliamentarians demanded that the government initiate contempt of court action against the person concerned.
You are aware that I have been tirelessly espousing the cause and bringing the hawala accused to justice for over the last six years. It appears that those who were accused in the case had a vested interest in subverting the course of justice by fair or foul means. I have reason to believe that it is this group of people who have attempted to influence the judges including the then CJI and Justice SCSen.
My inquiries revealed that one Dr Jolly Bansal, had been attempting to approach the judges and in fact had succeeded in doing so in an attempt to interfere with and obstruct the course of justice. (Address: E-277, GK I, New Delhi, Ph:6466594). It was my belief that he had done this at the behest of the Jain brothers, accused in the hawala case.
In a letter dated 12 July, 1997, addressed to the then CJI, delivered on 13th July, 1997, I had pointed out that that all sorts of rumours were being floated to demoralize the people. The crux of all these stories was that the Jains had been able to manage the authorities to ensure that they go absolutely free. I had pointed out that a French journalist had conveyed to me the information that the said Dr.Bansal had been brought to India to manage the authorities. I requested the then CJI to investigate into the matter.
On 14th July, 1997, the then CJI confirmed my worst fears and said in open court that a certain "gentleman" without naming him, had tried to meet the judges and bring pressure on them to recuse themselves form the case. The CJI said that the judges would not succumb to the pressure and would continue to hear the case. While I greatly appreciated the courage of the judges and the candid disclosure by the CJI, I was concerned that the culprits who tried to interfere with the course of justice be punished, unfortunately that did not happen till this date.
I had reasons to believe that the gentleman referred to by the then CJI was the same Dr Bansal that I had referred to in my letter to the CJI dated 12th July 1997. I also had reason to believe that Dr Bansal was acting on behalf of the Jains.
Thereafter, I made a confidential submission to the Court on the 29th July 1997, in which I gave details about Dr Bansal and pointed out that he was likely to leave the country. I pointed out that he was scheduled to leave on British Airways Flight No BA 142. I gave the said details and requested the amicus curiea Mr.Divan to move the CJI and request for the immediate arrest of Dr Bansal for committing contempt of court.
I received no communication from the then CJI or from Mr Divan. On the contrary, I learnt that DrBansal promptly cancelled his booking on that particular day. The possibility of a leakage of information to Dr Bansal cannot be ruled out as he appeared to have got wind of my submission to the CJI.
Since I received no communication either from Mr.Divan or the CJI in regard to taking action against Dr Bansal and to stop him from traveling abroad and to bring him to justice. I addressed another letter to the CJI once again requesting him to take prompt action. I also called press conference and demanded action against Dr. Jolly Bansal.
Surprisingly the same Dr.Bansal has now come forward with a duly sworn affidavit (page 9) admitting his role in influencing the then CJI, Justice JS Verma and Justice SC Sen, which led to the hushing up of the Jain Hawala Case, without investigating into the militancy angle of this case.
The said Dr. Jolly Bansal reiterated the contents of the enclosed affidavit in a Press Conference on 15th July 1999 attended by S/Sh. Ashish Sen of Asian Age, R.Venkataraman of The Telegraph, Lalit Jha of Hindu, Ranjan Jha of AajTak and Hemendra Singh Bartwal of Hindustan Times and Ms.Sudha Mahalingam of Frontline magazine.
Dr. Bansal answered the questiones put to him by the journalists. His admission before the journalists of the part played by him in the interference in the administration of justice further coroborate the extra-judicial voluntary admission before so many personell of the press and made out a prime facie case under the Contempt of Courts Act, 1971.
The facts mentioned above clearly indicate that the said Dr Bansal, acting on behalf of the Jains, has committed criminal contempt of the Supreme Court as Dr Bansal had indulged in acts which scandalized and lowered the authority of the Supreme Court of India in the eyes of the people. Moreover his alleged actions tended to prejudice and also interfered with the course of a judicial proceeding. His actions interfered with and obstructed the administration of justice.
Furthermore, it is disturbing to note that the former CJI, Justice Verma and Justice SC Sen, had fecilitated the contempt of the highest court of the land. They did so by protecting the biggest offender of the Contempt of Courts Act, who dared to tamper with the judicial process, a fact which he has now admitted in his affidavit. Hence, it is very essential that the culprits should be punished as per the law for such a serious violation of law.
In these circumstances, action against Dr. Jolly Bansal & the Jain brothers, at whose behest he was acting, and / or any other persons that the former Chief Justice Mr. J.S.Verma may choose to name as being the person or persons who committed the above mentioned acts may kindly be initiated. I therefore hereby apply to you under section 15 of the Contempt of Courts act 1971 for your consent to make a motion to the Supreme Court of India for taking appropriate action against Dr Bansal and others as mentioned above or any other unnamed persons for appropriate action. I request you to treat this as an urgent application and let me know at the earliest.
This is for the reason that Dr. Bansal is now fearing for his life and he has already reported the matter to the Delhi Police. A case FIR no.487/99, PS New Friends Colony u/s 307/341/34 IPC & 27/54/59 of Arms Act has been registered on 10.8.99 on his complaint against the Jains. It is therefore of the utmost importance that you may take statutary action under the Contempt of Courts Act.
I look forward to an early reply. The nation as a whole till today is anxiously awaiting the disclosure of the name of the person and appropriate action against him. Our Supreme Court has been praised all over the world for having taken bold steps in ensuring that the rule of law is maintained. I am reminded of Justice Verma's own words "Be you ever so high, the law is above you". These words have been a constant source of inspiration to me in my fight for justice against the businessman -terrorists-politician nexus. It is in that spirit of quest for justice and in order to uphold the honour and dignity of the highest court of the land that I am approaching you. I hope that you too realizing the need of the hour will act with utmost speed and give your consent to this most worthy cause under Sec.15 of the Contempt of Courts Act, 1971 against the following :
1. Mr.Justice JS Verma, Former CJI, presently residing at NOIDA
2. Mr.Justice SC Sen, Ex-judge of Supreme Court, presently residing at 3, Tuglak Road, New Delhi
3. Mr. NK Jain, s/o Sh.Jyoti Prasad Jain, r/o 14, Link road, Jangpura, New Delhi
4. Dr. Jolly Bansal s/o Sh.PC Bansal, r/o E-277, Greater Kailash -I, New Delhi.

Thanking you
Sincerely yours
(Vineet Narain)
Editor, Kalchakra Investigative News Bureau.