Following
is part of Public Records contained in FAO 424 of 2001 in High
court of New Delhi;
Rajni
has made the following irreconcilable contradictory statements under
oath with respect to the contents and operation of the locker whereby
she stole my ancestral property now worth more than Rs 5.00 Crores or 50
million.:-
A REPLICATION DATED 3.8.1996
Para 5 n " ..No jewelry was placed in the locker. The jewelry is with me. Photostat copy of the writing by me is attached."
Rajni
later on amended her petition. No changes were made by me in para 5n of
his reply but Rajni Changed her Replication Qua Contents of Locker and
now stated in Para 5n as under:-
REPLICATION DATED 7-11-1997
Para
5 n "..In fact whatever jewellery was kept in the locker a list was
given by me to the Rajni and apart from the said list there was no other
item worth a single penny in the locker."
B.
In replication dt. 3.8.96. & reply dated 1.6.1996, Rajni had
stated in Para 5n/4 that none of the gold ornaments were ever placed
in the Locker and that they were with me and my family and that I had
categorically given my writing dated 19.4.1993 in my hand giving the
details of gold ornaments which were in my, mother/father's
possession. Now on 27.1.98 in her testimony before the Hon'ble trial
Court she has stated that all gold ornaments were in fact placed in the
Locker, the list of which was prepared which is dated 19.4.93. This
statement now made in court falsifies her averment made in para 5n/4 of
her replication dt. 3.8.96. & reply dt 1-6-96.
C.
As regards the purpose, she stated in para 4 of her replication dated
7.11.1997 that she operated the Locker to get the original educational
certificates which were to be submitted by her to Kurukshetra University
from where she wanted to do B.Ed. by Correspondence. It has now come
on record vide P/1 and P/2(on record of trial Court) that she was
already admitted to Kurukshetra University and had in fact written to
Kurukshetra University seeking return of those certificates and degrees.
In response to her request for return of her degrees and certificates
Kurukshetra University wrote to her vide Ex.P-1 dt. 25.04.96 that all
her degrees and certificates had already been sent to her address
mentioned in the admission form. Thus apparently she knew where her
degree were and also sought their return from Kurukshetra University
where they were sent on 16.8.96 by a registered post. The original
receipt is in my possession. Vide Ex d-35 (Record of visits maintained
by the Bank) it shows that last two operations of the locker were made
by the Rajni Apparently she knew the contents of the locker when she
operated the same on 08.09.1995 and 15.9.95. It was certainly not to
get any certificate or degrees but under instigation of her parents to
remove steal and misappropriate our valuable property worth 30 lacs now
worth more than Rs 5.00 Crores or 50 million which was lying in the said
locker.
D.
In her examination in chief on 27.1.96 she has stated as under: " On
15.9.95 in the morning I quarreled with her Since it was a daily affair.
I went out to go to my Bank to fetch my certificate I found that the
same were not lying in the locker as I have sent the same to Kurukshetra
University. The certificates of 8th and 10th were lying in the locker.
However, the same were not required.
PROOF OF FALSITY
In
her cross examination she has stated " I took out those certificate
with me. I had gone to collect the certificate of 8th and 10th standard.
When in the examination in chief I said the same were of no use I said
it because of confusion." There was no confusion. There was theft of
our property and ancestral gold and ancestral gold jewelry then worth Rs 30.00 lacs and now worth more than Rs 5.00 Crores or 50.0 million by
Rajni.
E.
She has further stated in her para 4 of replication dated 7.11.97 that
no jewellery and other valuable worth 30.00 lacs were lying in the
locker on 15.9.95. As at the time of its operation on 15.9.95 when the
Rajni went to fetch her certificates and degrees, the locker was found
empty.
PROOF OF FALSITY
It
has been suggested to me by counsel for the Rajni as below: "It is
wrong to suggest that I have taken all the articles from the locker at
the time when I have put my signatures on the ledger." As per R-11 R-12
Rajni has operated the locker on 8.9.95 and 15.9.95, in case I had
removed everything at the time he lastly signed on the ledger, Rajni
was bound to be aware of the same on 8.9.95 when she operated the
locker and there was thus no reason for her to operate the locker again
on 15.9.95, when she admittedly left the house. As such it falsifies
her averment made in her replication dt. 7-11-97.
F.
As regards timing of the operation of locker Rajni stated in her
examination on 27-1-98 that in the morning she had quarreled with her
husband and had gone to the bank to fetch her Certificates and Degrees.
PROOF OF FALSITY
This
statement is falsified by R-12 i.e. the locker account where she
herself has mentioned the time of operation of the locker on 15.9.95 as
3.45 P M i.e. in the evening.
G.
She further stated under oath as below as regards of locker "I never
required my husband to bring any particular jewelry from the locker. I
also never required my husband to bring the jewelry and except on
8-9-1995 I never accompanied my husband to operate the locker".
PROOF OF FALSITY
That the trial Court has recorded following demeanor of Rajni.
"Affidavit
dated 10-11-1997 filed by me in this court bears my signature. After
the contents in para 10 are put to the witness where she had said that
after 19-4-1993 she had been operating the locker for social functions,
she said that she could not remember all the events".
H.
That immediately after marriage parties had taken a joint locker on
19.4.93 being No.231 PNB Sector 37 CHANDIGARH (also mentioned in order
relied upon by the Rajni) and jewelry, Indira Vikas Patras and other
miscellaneous items including Gold and gold coins/silver coins were kept
therein. However, soon after marriage parents of Rajni took away part
of the jewelry belonging to the Rajni. This fact came to my knowledge
when the same was recovered from her parents house when income tax raids
were conducted in may 1994 at the house of her uncle who lived in same
house as her parents. When the I asked Rajni as to how her jewelry is
with her parents, she stated that her parents are not very rich and the
jewelry was given for a show off to her paternal uncles families and
immediately after marriage her parents had sought return of real
jewelry, which she had done. This fact is also mentioned in para 5 n of
the written statement filed in the trial Court. When confronted with
this fact during the testimony under oath before the Trial Court she had
to say as below:
"It
is correct that in 1994 Income tax raids were conducted in my parents
house. My personal jewelry was also recovered during that raid.
volunteered, it was given to the me at that very time. The jewelry,
which I was wearing in April, 1994 at the time of marriage of my cousin
sister Rashmi were recovered in the raids conducted on the premises of
my parents because after the marriage I had left that jewelry which I
was wearing at the residence of my parents".
PROOF OF FALSITY
In
fact the marriage of Rashmi was performed on 19th April 1995, whereas
it was recovered from her parents house in May 1994 a year before
marriage of Rashmi. This is so proved in Ex.D1/x and also in the
statement of PW4 Brij Singal father of Rashmi who has stated that his
daughter Rashmi was married on 19.4.95 at Mandi Gobindgarh.
4.
The above statements conclusively prove the theft of property by Rajni
and her brother and father/parents. The property now worth more than Rs
5.00 Crores was my ancestral property and was given to me by my
parents. I had been entrusted with the same and I kept the property in
my possession in a joint locker. Rajni in collusion instigation and
active participation of her Parents and her brother and at their
instance and benefit removed the said property without my consent and
knowledge.
5.
That entire movable property belonging to me and my parents now worth
more than Rs 5.00 Crores or 50 Million was stolen by Rajni and her
parents due their habit and indebtedness. Rajni has also made extra
judicial confession regarding this property before the court of Justice
Swatantar Kumar(From Delhi High Court) during the course of
reconciliation Proceedings during hearing of Civil Revision 3387/99.
6.
Rajni under the influence and instigation of her parents, with their
common intention to devour the property of lacs of Rupees lying in the
locker made up her mind to leave the matrimonial home. Unknown to the Me
she operated his family locker on 8th of September, 1995 and on 15th of
September and left the home on 15.9.95 alongwith all household goods
i.e. Sofa-set, Double Bed, suit cases, entire crockery (steel, glass and
Chinaware), Beddings, AC, Godrej Almirah, Washing Machine, T.V.,
Dressing table, entire Wardrobe including my undergarments, furniture,
Gifts given to me by my friends and relatives, every small item. In
nutshell each and every thing that a normal household has. Copy of
affidavit of Pawittar kumar Truck Driver in whose truck Parents of Rajni
carried the household goods belonging to me and my parents and
affidavit of Sh. Santosh Mishra an independent eye witness is annexed as
R-19 and R-20 respectively. Sh. Pawittar Kumar and Sh. Santosh Mishra
appeared before the Trial Court as witnesses and corroborated R-2, R-3.
They were duly cross examined by Padam jain advocate. As per the
description given by late Sh. B.L.Premi Asst. Branch Manager, during the
time of her clandestine operation of locker on 15.9.1995 she was
accompanied inside the Bank by Sh.Brij Singal, to whom Jagan nath
,Gopal, etc then owed Rs. 5.00 Lacs.
Her
lawyer used to inform my lawyer in advance the orders which will be
passed by the concerned judge. I used to laugh thinking that judges pass
the orders based on facts and law. I was wrong. Every time the same
orders were passed as had already been conveyed to us. We were told of
exact order on her 2nd maintenance application even when
application had not even been argued. I went to inspection Judge Justice
HS Brar and told him of the order which will be passed on an
application which is yet to be argued. He did not believe me and said I
was prejudging the issue. However, that was not to be. The same order
was passed by SS Lamba then ADJ now district Judge ---. So, I informed
the inspection judge. He did not believe me. He came for inspection the
next day and when he saw the order which I had told him several days
earlier, he withdrew the case from SS lamba and sent to another Judge. I
did not get justice in my case as only remedy against a corrupt
judgment is to file appeal. Click here for what happened in appeal.
After
this I tracked the telephone calls of my in-laws and found that before
every date of hearing a telephone call went from my in-laws to Mangat
Ram Garg, chairman department of laws, Punjabi University, Patiala and
instantly Mangat Ram Garg telephoned Balram Gupta, Chairman Department
of laws Punjab University, Chandigarh. Balram Gupta in turn then called B
B parson, then ADJ now district Judge .. who would then call concerned
Judge SS Lamba.
I
later came to know that Mangat Ram Garg, Balram Gupta and BB parson are
all known touts, who supply Judges albeit their orders on a platter for
lifelong pleasure for litigants unlike prostitutes who give pleasure for only half an hour or less.
KD Aggarwal
Click here for;
Dates and Events.
