This page was originally located at http://kalchakra.com, but now this site seems to have vanished, so we are archiving "as-is" this interesting little affidavit for educational purposes only, and with no claims to its authenticity, accuracy, freedom from typos etc, except that "Mr. Bharat_ X_Law" can personally state from his own knowledge that certain statements concerning Justice S.C. Sen appear to be correct.
Note the word "homocide" that occurs in this text. (an urvashi joke)
Its interesting to note that Justice Verma now heads the National Human Rights commission and that Justice Bharucha made it to Chief Justice and that Justice B.N.Kirpal is the current Chief Justice.
Note also the rich detail contained in the affidavit "ORANGE juice", "green safari suit", "black Maruti Esteem car no. xxx" etc. This is a prime example of how NOT to draft an affidavit as it is obvious to any legal mind that this is a mere magician's tactic to distract from the real problem that Dr. Bansal doesn't seem to have any provable facts and has indulged in a smear campaign. but also remember there's no smoke without a fire..
Note how calls are always made TO a judges number FROM a mobile, and never the other way about. Hello hello is there anybody in there ??? and the clincher verification statement that "the facts above... are true based on my memory".... ha ha ha....
Note that this affidavit is not numbered parawise and the verification is not as per Delhi High Court Rules etc.
By the
way, an affidavit has very little legal value since you can allege any
and everything with hardly any chance of getting prosecuted, and in fact
you can prepare an affidavit nowadays within 50 cents ie, 25 rupees (including
the cost of 10 rupee stamp paper)
Article from "kalchakra" website follows.
" I influenced Chief Justice JS Verma in the Hawala Case" : claims Jolly Bansal
Following
is the affidavit of Dr. Jolly Bansal who claims to have influenced the
CJI in July 1997 to hush-up Hawala case. This affidavit has been in circulation
since 15th July 1999. It is surprising that why these allegations have
not been investigated so far ? I sincerely appeal to the lawyers community
in general and Supreme Court Bar Association in particular, to atleast
appoint a committee of eminent criminal lawyers to enquire into the allegations
boldly made by Dr Jolly Bansal. This is the minimum you can do to save
the prestige of the apex court . There are only two options . If the allegations
of Dr Bansal are true then all the four i.e. Justice J S Verma, Justice
S C Sen , Mr N K Jain and Dr Bansal should be dealt with according to law
without delay. If the allegations are wrong then Dr Bansal should be taken
to task.
Interestingly
enough the Supreme Court Bar Association (SCBA) did file a case of Contempt
of Court in Feb 2000 but surprisingly Hon'ble Supreme Court was reluctant
to persue this.
AFFIDAVIT
I, Dr.
Jolly Bansal, S/o Sh. P C. Bansal aged about 37 years r/o E-277, Greater
Kailash - I, New Delhi, solemnly affirm and declare as under;
That,
I am a qualified Cardiac Physician from Delhi and have stayed for about
7 - 8 years in America and Europe for post graduate studies and research.
I came back to India in 1993. My Indian passport no. S-219519, issued at
New Delhi in March 1994 and Valid upto 4th March 2004.
I am
a socially well connected resident of Delhi.
I had
known Mr.NK Jain, S/o Late Mr.Jyoti Prasad Jain, since 1989-90. We used
to meet in social gatherings and parties etc.
In the
year 1995 unfortunately I was falsely involved in a homocide case and was
subsequently arrested and was in judicial custody from 13.2.95 till 21.7.95
and lodged in Tihar jail. Mr.NK Jain was also arrested and remained in
judicial custody in the Tihar jail from March 1995 till July 1995 except
for a brief period of a fortnight during May 1995. He was in judicial custody
in connection with the infamous Jain Hawala Case of corruption and FERA.
During this stay in judicial custody, I came closer to him and we becamegood
friends.
After
my release in July 1995 on bail, both of us started meeting regularly.
He was desperately exploiting all possible sources to get some help in
their pending Hawala case in the Supreme Court.
Mr.NK
Jain assessed that the then Chief Justice Mr.JS Verma who was heading the
bench hearing this case in the Supreme Court, was too tough to be approached
and so also one of the other member, Justice SP Bharucha. However, he came
to know that the third member of the bench Justice SC Sen was quite flexible
and could be approached. So he took my advantage and decided the entire
operational policy of how to contact him. On the Diwali day of 1996 I wished
him (Justice Sen) on phone and then introduced myself as Dr.Bansal coming
from Switzerland and also expressed my desire to see him. I found him easily
amenable to my desire and asked me to see him the very next day with my
family at his residence at 3, Tughlak Road, New Delhi. I told him that
I was a bachelor and I would be visiting him alone.
Next
day I went to NK Jain's residence at Link road and told him about my scheduled
visit to Justice Sen's house. I took his car, black Maruti Esteem (regd.
no. 2425) alongwith his driver (Mutuswami) and went to Oberoi's Zakir Hussain
Marg, took some pastries from the pastry shop and left for Justice Sen's
house at around 5:30 PM. The Security guard intercepted us at the main
gate but when I told my name he found my name in the list of visitors to
be allowed inside the house. The car went inside and I asked the driver
to wait and I went inside the house. I met Justice Sen and found him to
be a very cordial and a spiritual person, who was quite well-connected
with Ramakrishna Mission in Delhi. Since I also used to know a lot of people
in this mission so I thought that this could be a stepping stone in getting
closer to him.
I stayed
there for about one hour and we discussed different subjects about Europe
and India. During our talks related to Calcutta, I happened to mention
the name of Sh. Malik of Marble House, who had the richest collection of
marble antiques in the country and he was quiet well known to me. Justice
Sen also knew him as the Marble House is situated very near to Justice
Sen's ancesteral house in Calcutta. He also told me about Mr.NL Tantiya
whom I also used to know. I also met his wife and invited Mr.Justice S.C.Sen
along with his wife to a friends place for tea as my house was under renovation.
The time fixed was for the following Saturday and it was decided that I
would be coming to pick him up around 5 p.m. Thereafter I straight away
went to NK Jain and briefly reported the happenings and he was rather pleased.
On the
appointed day his driver, Muttuswami came to my house in Black Maruti Esteem(2425)
at 3PM and I got ready and by 4:30PM we were near Tuglak Road. However,
we roamed around for half an hour and then exactly at 5PM sharp we entered
inside Justice Sen's house. As on the early occasion we were stopped and
allowed to go inside. Justice Sen got ready in his check balzer and grey
pant and alone (not with his wife) sat in his white Ambassador car (official)
with me alongwith his driver and security man and started for NK Jain's
place at Link Road to be followed behind the black Esteem car of NK Jain.
We took
the route through Lodi Road and Jorbagh and then straight to Jangpura Extn.
and entered the house. It was made clear to the security guard at NK Jain's
house to keep the doors open so that nobody in the lane could spot the
car of a Supreme Court Judge entering the house. Once we had gone inside,
Sushil the peon of NK Jain took the car of Justice Sen in the backyard
of the house, which they have now got re-constructed. Justice Sen came
inside the drawing room and NK Jain's wife came inside to chat with him.
Then in the meantime a glass of Orange juice was served and NK Jain came
from his office and joined us. He was wearing a green coloured safari suit.
He started conversing with Justice Sen and after some time we went straight
in to the adjoining dinning room where tea and snacks were served. After
that we came to the drawing room and this time NK Jain discussed the various
modailities for his pending matter being heard by the bench of which Justice
Sen was a member.
While
Justice Sen was sitting in NK Jain's house, the former mentioned about
his daughter to be married for which NK Jain proposed my name, Justice
Sen liked the idea and gradually he started calling me at his house. The
meetings for discussing any proposal about twisting the matter in the Supreme
Court NK Jain used me as the via media with Justice Sen. The entire story
of how this matter before the Supreme Court became diluted is before the
country.
Thereafter
my meetings with Justice Sen continued in a very cordial way. Later on
I was introduced to Justice JS Verma by Justice Sen and gradually the matter
which was being heard with sterned actions was diluted in a very easy manner
and finally it culminated into some future reforms in the CBI and other
agencies. The inaction in the Hawala case was overlooked with impunity.
Incidentally
I may mention that on 14th July 1997 the Honble Chief Justice of India
had mentioned in the open Court about pressure being exerted on them by
certain person and that his co-brother judge, Mr.Sen had met the person/s
also and was nervous about it. Naturally, he was speaking about me and
the above said meeting at the house of NK Jain's house at Link Road New
Delhi.
The
BEC office had booked my seat on British Airways flight no BA - 142 dated
30th July 1997 at 00:30 hours through the agents M/s Travel Plus. The booking
was cancelled at the behest of NK Jain who had told me that the cancellation
was neccesitated because Mr.Vineet Narain, the petitioner had come to know
about my intended departure to London and had since filed a representation
to the Chief Justice and the amicus curiea of this case.
A sum
of £.25000/- was transferred from one of the business friends of
the Jains (a trader of fruit juices and pulps) by the name of Tim Jenner
of Surrey, England (Tel no. 00-44-124-226-2519) The said amount was paid
into the bank account number-51-788-966- 07/08/09 in the HSBC central London
of Ms.Rashmi Mathur daughter of Chief Justice JS Verma living in Bookfield
England (Tel no.00-44-192- 421-2477). Earlier Mr.Tarun, the other son-in-law
of Justice Verma, presently, serving UNDP in Delhi had accompanied NK Jain
to Bombay on 01.05.97 and stayed in the Jains' Guest House in Lanesdown
House, Malabar Hills Bombay, Tel no.-3634047 and the above said amount
was got transferred on 02.05.97. They had also used the mobile no. 9820009164
for the said calls to England.
During
my friendship with NK Jain extending to nearly 4 years, I could see that
he was very close and on visiting terms with the following officials /
bureaucrats etc. They used to be entertained lavishlly by him
1) MP
Narayanan of NTPC
2) NS
Vasant fromerly of PSEB, DESU etc.
3) PS
Bami of NTPC
4) GS
Sohail of NTPC
5) AK
Suri of CBI
6) RC
Sharma of CBI
7) Justice
BN Kirpal of Supreme Court
8) Dinesh
Dayal ADJ, Delhi
9) Madhavan,
EX-CBI JD
10)
Sudershan Aggarwal, Ex-Lok Sabha Secy.
11)
Vijay Karan of CBI and his wife Pratibha Karan, IAS
12)
AN Verma, Ex- Secy in PMO
13)
Raj Bhargava, Ex Home Secy
14)
Ravi Kathpalia Ex- C.C.C.A
15)
Arun Gupta, Chairman MSEB
16)
Ajay Dua, Jt.Secy. Min. of Power
17)
HR Bhardwaj, Ex-Law Minister
18)
HS Balli, Ex-Min. in Delhi Govt.
19)
ML Khurana, Ex-CM of Delhi
20)
Navin Chawla of DVB
21)
Rajender Gupta, Ex-Min, Delhi Govt.
Sh. NK
Jain and Sh. JS Verma are ................... NK Jain selected Baljeet
Lodge in Safdurjung Enclave, an ordinary place, which is not frequented
by well-known persons who might recognise Justice Verma. They used to visit
the guest house, Justice Verma would come in his car upto a house nearby
where the driver would park the car and NK Jain used to take Justice Verma
in his car upto the guest house. The entries in the fictious name were
in my hand writting and that of NK Jain in the guest house's register are
there on 8-9 days in the year 1997 mostly in the name RC Tandon, 118-A,
GG Nager, Nasik.
Both
S/Sh. Verma and Sen went to Vrindavan and Agra on 19-20April 1997 with
NK Jain in his white cielo car no. 9910. The telephone no. of the place
where they stayed at Agra was 242526 from where Sh.Sen talked on STD with
his wife in Delhi.
Veenu
Jain s/o BR Jain, the elder brother of NK Jain, had visited Dubai as instructed
by NK Jain and SK Jain to meet Amir Bhai in 1998. In the absence of Amir
Bhai who is in Dubai, the business of Amir Bhai in India is being looked
after by Veenu Jain and NK Jain. Veenu Jain had gone to Chennai to meet
the family of Amir Bhai. Subhash Aggarwal who is the son of the brother-in-law
of SK Jain is stationed at Bahrain and an associate of Amir Bhai. NK Jain
had also gone to Bahrain in May,99 with the permission of the court but
did visit Dubai and met Amir Bhai.
When
NK Jain was released from Tihar Jail for the first time after his arrest
by CBI he got information that outside tihar the FERA officials were standing
to nab him again. However, he told another inmate of jail no.3, Dinesh
Thakur, a notorious criminal from UP about his problem. Dinesh Thakur planned
for entire operation in dressing himself and NK Jain in a pagri, lungi
and kurta and then told the jail officials that the entire crowd of prisoners
to be released should be released together and then they both were able
to manage their exit in the groups and avoided FERA officials. Once outside
the jail they came across some jail employee on a bicycle, Dinesh Thakur
slapped him and he fell down from the bicycle. Dinesh Thakur and NK Jain
escaped on his bicycle and running their way through the by-lanes of Hari
Nagar, they went to a safe place where they had some chinese food. Then
Dinesh Thakur dispursed and NK Jain along with his wife went to his friends
house in Aradhna Appts, in RK Puram Sec-13, New Delhi, where they spent
almost 15 days in hiding and then NK Jain after consultation with his brother
SK Jain surrendered before the FERA Court and again arrested.
After
getting arrested again for FERA he got his fake medical certficates made
from inside the jail through Dr.Nigam in jail no.4 and managed to get admission
in DDU hospital and had paid Dr.Hiralal a sum of Rs.35,000/- for making
entire favourable medical records. Therafter he manipulated his admission
in the Batra Hospital at the behest of his friend Sudershan Aggarwal, who
is also one of the Administrative Directors of Batra hospital. NK Jain
was able to feign his medical records through the help of Mr.Aggarwal to
show that he was suffering from CAD (Coronary Artries Disease).
Further
evidence would be available from the telephone deptt. for the :- Calls
were frequently made in 1996 to JS Verma's residence personal no. 301-2175
through mobile of Veenu Jain no. 9810009164. Veenu Jain is BR Jain's son.
Call to Justice SC Sen at his no. 301-2965, was made from office of NK
Jain, direct no. 331-2536 around Diwali 1996. Calls were frequently made
to Justice JS Verma 301-2175, from 331-2536, NK Jain's office number during
1996-97.
The
Jains have links with the brother of Dawood Ibrahim (Anis Mohd.) for vital
operations in India through their contact Kamal Chadha, who stays somewhere
in Defence Colony, whom I met on 10th Dec 1996 at Surender Jain's farm
house in a party of his daughter's birthday where NK Jain personally got
me introduced to him and told me if ever I have any work in Dubai or in
Middle East, Kamal Chadha would be a vital link, because he is having close
association with Dawood Ibrahim.
Subhash
Aggarwal in Bahrain who is NK Jain's relation and a close associate of
Anis Mohd. in Bahrain. This was told to me by NK Jain when Anis was caught
for some drug operations in Bahrain and NK Jain told me that he would be
out in two days time.
Nirmal
Sethia in London is managing and maintaining their foreign accounts operations
in London and Europe.
The
famous labour union leader Shankar Guha Niyogi was also mudered after a
conspiracy was hatched between the three brothers BR Jain, NK Jain and
SK Jain and shahs of Simplex Industries of Bhilai. I came to know about
it when one of the Directors of Simplex Industries was in Delhi in Apollo
Hospital to see NK Jain's father in the month of Feb 98 when I overheard
the conversation between the said gentleman and NK Jain and NK Jain was
asking him what would happen to Naveen Shah and what would be the fate
of judgement to be announced.
NK Jain
paid a substantial amount as a kickback to the then Chairman of MSEB in
Oberoi's hotel around Feb' 98 for settlement of his arbitration on his
pending contract in MSEB. Mr.PP Gajanwal, the Chairman came to Delhi and
was looked after by the Jains. The room at the Oberoi's was also booked
by the Jains at a discount of 27%, the entire bill of around Rs.55000 was
paid by the office of NK Jain and he was provided the Mercedese car (DIB
97) for three days. The room was booked through Manish Baheti in the sales
department of Oberoi's and I also used to know him. The amount released
by the arbitration was Rs.1.27crores approx.
I am
ready to state the entire facts before any judicial officer in tribunal
alongwith other details and evidences.
VERIFICATION
I, Dr. Jolly Bansal, S/o Sh. P C. Bansal verify the above contents on this the 12th day of July 1999 and state that the facts stated above are true to the best of my knowledge and belief and based on my memory.
Dr. Jolly
Bansal
Deponent.