Wednesday, September 28

Updates From AISPA - Ashok Bahirwani (24 Sept. 2011)

Good Evenings Speakasians,

While returning home from an important meeting with the Associations Advocates I was working out this update in my mind and I had made up my mind on updating all the panelists about the current position viz a viz various legal matters.

I read this saying posted on the message board of the very famous and pious St. Michaels Church, Mahim.

“Fairness is really what justice is”
The entire family of Speakasian’s are law abiding citizens and have implicit faith in the judicial system of India and indeed in its fairness.

I am going to list out all the legal matters in which the company is involved and their present status:

1. VIJAYAWADA MATTER:

This was the first matter filed against the company. It is important to note here that an NGO by the name “corporate fraud watch” is very active in Andhra Pradesh and has been in the forefront in their fight against all network marketing companies.
This NGO is also embroiled in a legal battle with AMWAY.

This NGO believes that all networking companies are fraudulent in nature and intent. You cannot stop people from having their opinion in independent India.

 The current status in this case is that the four accused who were arrested namely:

a) Mr. Dipankar Sarkar who is a simple panelist just like you and me.

b) Mr. Rayees who is an ordinary employee of the company (SAOL).

c) Mr. Ravi Khanna who is again not an employee of the company.

d) Mr. Rahul Shah this poor gentleman is in no way connected to any company even remotely connected with any operation of SAOL and the company counsel Mr. Ponda has gone on record before the Hon. Magistrate in the Esplanade court (Quila Court) and termed his arrest as “picking up a wrong man in a wrong case”. He told the court in Marathi that the authorities are doing whatever they wish without any application of mind.

  All the above four have been released on bail yesterday by the Vijayawada Court.
Also pertinent to note here is that all the accounts of the franchisees of SAOL were freezed under this Vijayawada matter.


2. FIRST PIL IN MUMBAI HIGH COURT:

An individual in no way connected to SAOL filed a criminal PIL in the Mumbai High Court against the Government of Maharashtra.

The main prayer of the PIL was that the petitioner wanted to know of the preparedness of the authorities in preventing internet fraud and cyber crime. The petitioner’s case was not against SAOL per se, although the petitioner maliciously drew on Speakasia as an example. We all know of the reach and power of our adversary so we can understand how an uninterested petitioner could be easily influenced to implicate SAOL. It is easy to hurl aspersions on everything.


History is witness to how people have even accused our sacred ‘Sita Mata’.

Pertinent to note here is that the Hon. High Court never ordered the Mumbai police (EOW) to investigate SAOL under this PIL they simply asked the EOW to submit a report on the preparedness of the police in preventing cyber crime or internet fraud (which the EOW has failed till date to file).

The overzealous officials of the EOW do the easiest thing available; they target a soft and vulnerable target SAOL, and start investigating this company to make this a showcase example.

The Hon High Court has at a later date, on the prayer of the companies (SAOL) Counsel Mr. Ponda even, observed that the court has in no way ordered the authorities to Investigate the company SAOL and that the EOW needs to investigate this matter independently.

But alas who is to explain unbiased independence.

 We the panelists have unflinching faith in the fairness of the EOW and indeed in the Judiciary “Satyamev Jayate”.


3. The EOW Case:

A panelist going by the name of Mr. Khosla files a FIR on 28th July, 2011 at Bandra East Police Station. 

The Matter is transferred to EOW and showing great urgency the EOW officials arrested Mr. Tarak Bajpai form his residence in Indore in the middle of the night on 28th itself
The EOW has charged the accused i.e.:

a) Mr. Tarak Bajpai COO of SAOL.

b) Mr. Rajeev Mehrotra of M/s Tulsiyant Tech.

c) Mr. Ravi Khanna of M/s Tulsiyant Tech.

d) Mr. Dipankar Sarkar Panelist form Raipur.

e) Mr. Rayees Tech Team SAOL

The investigations are undergoing and all the persons arrested in this case are released on bail.

The company website www.speakasiaonline.com is under the custody of EOW for investigation under this case. The EOW has upto 27th October, 2011 to file their charge sheet (90 days from arrest).

4. The Mira Road Case:

This is an interesting case in point, on how the authorities are hell bent on harassing the company officials and how the only resolve evident is to delay the normalization of the company’s activities.

The case stems from a panelists complaint against its direct up line (Sponsor) the above mentioned persons in the EOW case are not even mentioned in the FIR. Surprisingly the panelist in question Mr. Dipankar Sarkar is not anywhere in the picture in this transaction.

Showing no respect for law or the process the EOW Bhayander without application of mind arrested the four above mentioned persons (except Mr. Rayees) as soon as they were released from the Arthur Road jail on 20th August, 2011.

Pertinent to note here is that the Hon. Magistrate at the Quila Court had disallowed the Transit remand application moved by the EOW Bhayander for the custody of the above mentioned persons.

All the persons arrested under this case have been released on bail.

5. PIL Filed by AISPA in Mumbai High Court:
Upon its formation, the first thing the Association (AISPA) did was to move the Hon. High Court Mumbai and filed a Public Interest Litigation (PIL) putting forth the view point of the 20 lakh Panelists.

The respondents in this matter are:

a) Union of India through Secretary Finance, Govt. of India.

b) Reserve Bank of India, Mumbai

c) State of Maharashtra through its chief Secretary

d) Speakasia online Pte. Ltd. Singapore.

Besides other issues the PIL made the following Prayer before the Hon. High Court as follows:

i. To examine the records based on which the RBI has issued the impugned circular dated May, 23, 2011 and after examining the same to quash and/or set aside the impugned circular.

ii. To direct respondents No. 1 & 2 to complete the investigation into the affairs of the company in a time bound manner as fixed by the Hon. Court.

iii. That pending the investigation the respondents No’s 1 and 2 be directed to allow the company to make payments to their panelists and allow the EXIT OPTION

The Matter is now kept on 12th October, 2011 for the respondents to file their reply.

6. Writ Petition filed by some Panelists in the Supreme Court:
We know a campaign was undertaken by some panelists of sending VAKALATNAMAS to file a WRIT PETITION in the Supreme Court.

The WRIT PETITION was filed by Mr. Solomon James and about 115 more panelists from across the country.

In this Writ Petition the following are the Respondents:

a) The Union Of India

b) The RBI

c) M/s Speakasiaonline Pte. Ltd.

d) M/s Haren Ventures Publications.

Under this Writ Petition filed by some independent panelists not by the AISPA the main prayer before the Hon. Supreme Court are as follows:

I. The around Rs. 150 Crores which are seized by various authorities be immediately brought under the custody of the Hon. Supreme Court and as per the orders of the Hon. Court the same be disbursed amongst the panelists.

II. That the respondents No. 3 and 4 i.e. SAOL and HVP be ordered to make payments to the panelists.

The matter is now listed on the 10th October, 2011 for hearing. The Hon. Court has issued notice to all the respondents to file their reply.

Besides these court matters RBI had a meeting with the SAOL officials as informed by the management through the official blog http://speakasiaonlinemarketing.blogspot.com/s

RBI has seeked some clarification and the company will have to revert back to RBI by first week of October, 2011.

In light of the above we can see that the company is facing up to all the challenges and are fighting the system to be allowed to operate in India.

The company’s Business Module is over board and unlike common perception this is not a money circulation scheme nor is it a pyramid recruitment module.

The company’s Business module is way before its time and is revolutionary in content that is why it may be difficult for people to fully appreciate the module clearly.

I once again call on all the Speakasian Panelists to keep united have patience and trust the company. The company is here to stay and has a long term vision. The company and we will grow together for sure.

Proud to be Speakasian

Jai Speakasia
Ashok Bahirwani
Secretary
AISPA