Monday, December 19

Updates From AISPA - Ashok Bahirwani (19 Dec. 2011)

Good Morning Speakasians,

It’s been a while since I have been able to post my updates mainly because I have been having a series of meetings and co coordinating various activities all related to our battle for survival.

Coming straight to the point of updating my Speakasian Family as to the current legal position in the various matters, I wish to summarize as follows:

1. The AISPA Writ filed in the Mumbai High Court CRWP/3611/2011 was heard on 9th December and later on 14th December, on both the occasions after 5pm only because the court took cognizance of the importance of the matter.

2. In the last hearing the EOW objected to AISPA being the party on the ground that AISPA was not named in the FIR. EOW also wanted the WRIT to be dismissed on the grounds that the complainant (Navneet Khosla) was not a party respondent.

3. The Hon. High Court is seized of the matter and without taking the option of dismissing the WRIT, sensing the importance of the matter ordered AISPA to suitably amend the petition.

4. The matter is now posted for hearing on the 22nd December, 2011. The WRIT has been amended and is being amended further under the advice of the Hon. High Court.

5. I wish to remind all the Speakasians that this WRIT has been filed against the EOW and its atrocities in the SAOL matter.

6. Mr. Melwyn Crasto’s bail was rejected by the Learned Magistrate. The bail application is now filed in the Hon’ble Session’s court and will come up for hearing on 30th December, 2011. This is one delay which is excruciatingly painful

7. Mr. Ashish Dandekar was sent to Judicial Custody by the learned Magistrate. His bail application was filed and was heard on 17th December, 2011. The matter is now posted for orders on 20th December, 2011.

8. SLP 7509 and 7510 of 2011 in the Hon. Supreme Court, relating to quashing of FIR in Andhra Pradesh, could not be heard as the notices could not be served due to some administrative issues. The SLP’s will now be heard sometime in last week January or first week of February 2012.

9. The above SLP’s are filed against the CB CID AP and the NGO “Corporate Fraud Watch”.

10. Hon. Mr. Justice Lahoti ji Mediation meet will be heard sooner than we all expect. The Progress in this mediation meet is more than positive in our favour. The swift pace of the progress is due to the proactive manner in which both SAOL and HVP have represented themselves before the Hon. Mediator.

11. We all know that RBI and CBDT (IT Dept) have both already come before the Mediator. I am sure, as per the submissions of the EOW before the Mumbai High Court in the last hearing on the 14th December, 2011, the EOW will surely come before the Mediator in the third Mediation meeting.

I wish to inform the entire Speakasian family that the whole process is moving in the positive direction albeit a little slow and that is what is testing the patience of this entire wonderful family. As per the opinion of the legal team the matter is positively poised in our favour and has moved thus far in a way far better than our expectations and we can clearly see the resultant outcome in our favour.

There have been various discussions and viewpoints aired by various panelists on some steps taken on the advice of the legal team to which I only wish to comment that while you are being treated by doctors for some ailment you simply entrust your faith in the hands of the doctor, you do not start educating yourself in medical science. With the advent of the Google Search one may do a superficial study on the ailment to know some details but cannot doubt the doctor on his line of treatment.

Similarly neither I nor anybody else who is not a lawyer or advocate is qualified to express our opinion in the matter. I for one have decided to follow the advice of our legal team without doubting their ability or question their intention as I am aware that we are being represented by the best of the best in this field.

The only saving grace for us, in this atrocious fight against the corrupt and illogical system, has been our unquestionable and unflinching unity. We will not allow this unity to be splintered away at whatever cost. Our vision and goal is absolutely clear we will not drift away. We are all duty bound to remain united and fight this battle for the final victory of SAOL and indeed for all Speakasians.

“First they ignore you (SAOL Competitors), then they laugh at you (Star News), then they fight you (Authorities), then you win (SAOL)”. …Sincere apologies to the great Mahatma Gandhi

At the end of the journey when everybody is tired and fighting fatigue, I know it is difficult to keep your thoughts in the right perspective and maintain some sort of sanity but then this is what tough people like us Speakasians are made off.

Hold your breath, keep united fight off negativity and visualize positivity.

Have Patience, Have faith and trust your company.

Jai Speakasia,

Proud to be Speakasian,

Ashok Bahirwani
Secretary
AISPA