Request for initiation of disciplinary proceedings against Binay Kant Mishra

Dated : 18.08.16

To
The Police Commissioner,
Delhi Police,
Police Hqrs. ITO
New Dellhi - 110002

Subject :  Request for initiation of disciplinary proceedings against Binay Kant Mishra, Deputy Commissioner, Delhi Police because of inclusion of his name & that of two of his family members as accused in charge sheet  filed by police in FIR No. 276/ 2012 of PS Shalimar Bagh, Delhi  u/s 420, 467, 468, 471, 448, 380, 457, & 120B  IPC.  Binay Kant Mishra is ring leader of a property grabbing gang - wails and appeal of one of his senior citizen victims

Sir,


This is in continuation of my complaint dtd. 28.10.2013 on the subject of the FIR above-mentioned which pertains to illegally grabbing of  my LIG DDA flat at BD – 8, Shalimar Bagh, Delhi by Binay Kant Mishra Deputy Commissioner, Delhi Police  through criminal acts.  Copy of this  complaint is enclosed again on pages 1 – 7 of the present letter for ready reference.  After a very long & excruciating struggle in courts at my senior citizen age - through numerous petitions -  police has finally -  on 10.05.16 - filed a charge sheet in this case u/s 420, 467, 468, 471, 448, 380, 457, & 120B IPC.  An extract from the charge sheet is at pages 8 – 23. Binay Kant Mishra is named as accused at S.No. 12 D) of the charge sheet; his sister-in-law Rita Mishra at S. No. 12B) and his brother Sanjay Kant Mishra at S. No. 12 C) -   unfortunately only as suspects. This  even though there is sufficient evidence on record to prove that Binay Kant Mishra has led this entire conspiracy from the front as head of an organized gang.  I learn (though I do not have details), that this gang has similarly & routinely been involved in many other such acts of illegal grabbing of property/ land of senior and other vulnerable citizens in Delhi. Binay Kant Mishra has been taking advantage of his high rank in Delhi Police and using his junior staff  for this purpose.

2.    It is unfortunate that despite so much evidence against Binay Kant Mishra, and his family members, he has been named only as a suspect in the charge sheet. My complaint and the charge sheet apart, the most crucial documents in this case have been filed in her counter-affidavit  to my  WP(C) No. 657 / 2015 before the Hon’ble Delhi High Court by Rita Mishra, sister- in -law of  Binay Kant Mishra. The flat exists in her name today  – though the GPA for it is in favour of Binay Kant Mishra. There is  a chain of forged GPAs / deeds in respect of my property enclosed with this counter-affidavit

3.   All the agreement/ deeds submitted by Rita Mishra were executed despite the fact that the original documents of this flat have always been in my possession (a  fact verified by police) and still are. My father, in whose name the flat is, died on 04.02.1987 (death certificate on page 24). The chain of documents begins 21 years after his death. During police investigation, Binay Kant Mishra has falsely claimed that the original documents of my flat are with him. This is revealed by the police in its status report dtd. 09.02.15 in WP(Crl) No. 2564/ 2014 (copy of two relevant pages from the report enclosed herewith on pages 25 – 26). To quote from this police status report :

“Notice u/s 91 Cr.P.C.  was issued to Binay Kant Mishra for providing original documents of the property. In his reply dt. 01.05.14, he stated that the file containing the documents is in Delhi and presently he is posted in Arunachal Pradesh. He will be able to show them when he goes to Delhi. Thereafter, again notice was given to him on 15.11.14 at his Delhi residence. He gave one printed statement and stated that he cannot give all original documents because of fear of any unintended loss of documents and stated that any one page of any document may be selected for purpose of comparison of hand writing / verification of signature.”

4.   Kindly compel Binay Kant Mishra to answer why he has been claiming to the police that he is in possession  of original documents of my flat when these documents are with me – and have always been.  These documents have been verified by the police – a fact duly recorded in the charge sheet.    

5.     A copy of Rita Mishra’s counter-affidavit in  my WP(C) No. 657/ 2015 is enclosed on pages 27 – 63  with all its annexures. A perusal of this counter-affidavit establishes more than ever before the lead role played by Binay Kant Mishra in the whole conspiracy. Facts of this case  as they emerge from documents filed by Rita Mishra may be tabulated as below:

04.12.1987

My father dies (his death certificate duly verified by police). The LIG flat in   question at BD– 8, Shalimar Bagh, Delhi  is in his name.

20.06.1990

(i)  A GPA in respect of this flat is purported to have been signed by my father, almost 3 years after his death in favour of a businessman Raman Gupta. He is actually a front man for Binay Kant Mishra in his criminal acts of illegal grabbing of properties in Delhi. There are names of two witnesses on the GPA – Pawan Kumar (no other details) & Ct. Bhim Sen (r/o x-11-y !!). Signatures of my father are obviously forged because he could not possibly have been alive on 20.06.90 to sign.

(ii) A deed of sale agreement  is also purported to have been signed by my father the same day – i.e. on 20.06.90.  As per this sale agreement, my father is alleged  to have sold the flat to Raman Gupta for a meager amount of Rs. 35,000/- (rupees thirty five thousand only). This sale deed also bears signatures of Pawan Kumar (no other details) & Ct. Bhim Sen (r/o x-11-y !!) as witnesses.

2006 – 2007

As per para 9 of  the counter-affidavit filed by sister in law Rita Mishra of Binay Kant Mishra, in my WP(C) No. 657/2015 (copy enclosed) – this is what happened during this period :

“9. That in the year 2006 or 2007, when my brother in law (read Binay Kant Mishra) along with Raman had come to the house of deponent (read  Rita Mishra), when deponent and her husband (read  Sanjay Kant Mishra)had desired to purchase a small flat in Delhi.”

15.4.2011

(i) Raman Gupta signs a GPA in favour of Sanjay Kant Mishra, brother of Binay Kant Mishra in respect of my flat.  He gives his Bihar address in   this GPA. The Delhi address of the family is used by Binay Kant Mishra  to sign on this GPA as witness.

(ii)    An `Agreement to sell & purchase’ is also signed between Raman Gupta and Sanjay Kant Mishra on this date. There is a notarized receipt on record that Raman Gupta sold my flat to Sanjay Kant Mishra, Binay Kant Mishra’s brother for an amount of Rs. 6,50,000/- (rupees six lakhs and fifty thousand only). The agreement and receipt, both are witnessed by Binay Kant Mishra.

The GPA, the agreement to sell & purchase and receipt – all three are attested by Notary Public Surender Kumar (Advocate – Red. No. 2128) the same day.

(iii)  A possession letter and a `deed of will’ in respect of my flat are also on record, signed by Raman Gupta in favour of Sanjay Kant Mishra.

As per neighbours, some police constables break open the lock of my flat and begin living there taking advantage of the fact that the flat has been lying vacant for a couple of years. A name plate `SI Subhash Chand Pokhariyal’ is put up outside the flat.

02.09.2011

Raman Gupta – after signing all the documents as above selling the flat to Sanjay Kant Mishra – goes to DDA and converts my flat freehold – on the basis of the forged GPA allegedly signed by my father in favour of Raman Gupta on 20.06.90.

05.09.2011

On this date, Raman Gupta sells the flat to one Priya Sehgal w/o Rohit Sehgal r/o AC/ 121 – D, Shalimar Bagh, Delhi –  88 for        Rs. 8,50,000/-   (rupees eight lakhs and fitty thousand only). This even though this same Raman Gupta has already sold the flat to Sanjay Kant Mishra on 15.04.11.

09.02.2012

Strange as it may be –  Sanjay Kant Mishra rents out the flat to Subhash Chand Pokhariyal, Sub-Inspector, Delhi Police. As on this date, the flat is supposed to have been sold to Priya Sehgal.  This is the same  flat which was sold by Raman Gupta to Sanjay Kant Mishra on 15.04.11 -  then converted freehold by Raman Gupta himself on 02.09.11 – then sold again by Raman Gupta to Priya Sehgal on  05.09.11.

14.07.2012
Priya Sehgal  sells my flat to Rita Mishra w/o Sanjay Kant Mishra for an amount of Rs. 16,80,000/- (rupees sixteen lakhs and eighty thousand only). Rita Mishra bought the flat notwithstanding that this same flat has already been sold by Raman Gupta to her husband Sanjay Kant Mishra  on 15.04.11. One of the witnesses in this latter sale deed is Raman Gupta. Only Rita Mishra and Sanjay Kant Mishra can explain why they paid twice in only about a year’s time to purchase the same flat – once to Raman Gupta on 15.04.11 and the second time to Priya Sehgal on 14.07.12.

13.08.2012
A month later, Rita Mishra signs GPA  in favour of Binay Kant Mishra.  He is the final beneficiary of my flat.

Binay Kant Mishra, a Deputy Commissioner of Police, ought to explain how & why his family members purchased my flat twice in about a year’s time – once from Raman Gupta and the second time from Priya Sehgal. After all, his name appears in both the transactions.  Binay Kant Mishra is witness in one sale deed and holder of GPA through the second.

6.   As is evident, this is an absolutely abnormal  & bizarre list of deeds and agreements – all submitted by Binay Kant Mishra’s own sister -in -law Rita Mishra in the Delhi High Court – as annexures to  her counter affidavit in WP(C) No. 657/ 2015. In para 9 of this affidavit,  Rita Mishra states that “in the year 2006 or 2007, when my brother in law (read Binay Kant Mishra) along with Raman had come to the house of deponent (read  Rita Mishra), when deponent and her husband (read  Sanjay Kant Mishra) had desired to purchase a small flat in Delhi.”  This speaks volumes about how her brother–in-law Binay Kant Mishra – with assistance from his front man Raman Gupta – had initiated the whole conspiracy.  The flat has finally ended up with Binay Kant Mishra.  Involvement of junior police officials including SI Subhash Chand Pokhariyal, Delhi Police in breaking open the lock of my flat and living there in 2011 – signing of a rent agreement between Sanjay Kant Mishra and SI Subhash Chand Pokhariyal, Delhi Police in 2012  to cover up Pokhriyal’s occupation of the flat – all this could not have been possible unless Binay Kant Mishra had led this entire conspiracy from the front.

7.    I am happy that there has been some progress in this matter - though the charge sheet and police investigation leave much to be desired. You would appreciate that  the issue here is not just of my property but of properties of other senior / vulnerable citizens as well. They all need protection from the gang led by DCP Binay Kant Mishra  and Raman Gupta engaged in illegal grabbing of properties around Delhi.  Criminal activities of this gang ought to be controlled so that no one is deprived of his property the way I have been and so that senior citizen owners of properties may remain safe. What makes this crime more serious than  it normally would be is the fact that a Deputy Commissioner of Police led it.  A police officer is expected to protect public.  But here is Deputy Commissioner, Delhi Police  Binay Kant Mishra who is himself involved in criminal activities – as grave as grabbing property of senior & vulnerable citizens.

8.       Kindly initiate disciplinary proceedings against Binay Kant Mishra on the basis of documents submitted by his own sister-in-law Rita Mishra before the Hon’ble Delhi High Court – as also because of inclusion of his name as accused in the charge sheet filed by  the police in  FIR No. 276/ 2012 of PS Shalimar Bagh, Delhi  u/s 420, 467, 468, 471, 448, 380, 457, & 120B  IPC.

(BHARAT   BHUSHAN)
A – 2819,  Green Field Colony,
Faridabad, Haryana
Mobile – 87 50 27 04 84
bharatbhushan73b@gmail.com