Good Evening Speakasians,
My last update dated 6th February, 2012 was based on prima facie information received from the happenings as it was discussed in the court room.
The delay in giving my detailed update was due to the death of my aunty (Chachi) and I was busy with the last rites and the various ceremonies.
Subsequent to the update we have received the detailed order and herein below I attempt to explain the order in detail:
The respondent No 6 as mentioned in the order is EOW.
The EOW has been ordered to provide print out of the details collected to the learned Mediator by 11th February 2012.
The Hon’ble Mediator has been requested to ascertain how much amount is due and payable by the company’s i.e. SAOL and HVP to the petitioners and the authorities meaning IT (CBDT) and other various authorities.
The Company’s (SAOL & HVP) have been directed to deposit such amount as would be ascertained by the Hon’ble Mediator with the Secretary General of the Supreme Court within two weeks from the date the Hon’ble Mediator passes such an order.
I wish to draw your attention to the starting line of the Hon’ble Supreme Court’s order “in the peculiar facts of the case”. From this I understand that the Hon’ble Supreme Court has looked at the matter in a holistic view and besides taking a legal view the Hon’ble Supreme Court has also taken into consideration the social and financial ramification that this case provides to such a large family of over 12.5 lakh panelists who have joined the company to uplift their lives.
We will recall that the company SAOL along with HVP has submitted an affidavit before the Hon’ble Mediator wherein they were absolutely clear that they wish to bring in $ 10 Million (approx Rs. 50 crores) to settle the claim of the panelists who have opted for the exit option.
It is abundantly clear by the stated stand of the company that this first phase of mediation is to deal with the payments to the panelists who have opted for “EXIT OPTION”.
In light of this I do not understand how the EOW is equipped to provide details of the panelists who have opted for the EXIT OPTION. If the EOW will give details of all the Panelists to the Learned Hon’ble Mediator how the learned Mediator will differentiate between the EXIT OPTIONERS and the rest of the panelists.
If the company is able to differentiate the EXIT OPTIONERS, than in the absence of the WEB SITE, how will the company, actually confirm from these EXIT OPTIONERS, if they actually wish to EXIT and also confirm their accounts and claims.
I suppose that the first thing that the Hon’ble Mediator will do is to direct the EOW to allow access to the WEB SITE to actually and correctly ascertain the amount due and payable to the Panelists who have opted for the EXIT OPTION.
The other issue which raises concern is the request of the Hon’ble Supreme Court to the Hon’ble Mediator to ascertain the amount “due to the petitioners”.
We all know that the emotion and the prayer of the WP/383/2011 relates to the 115 petitioners along with lakhs of similarly placed panelists.
Whenever you are before the law it should be your endeavour to present your case in total clarity and no issue should be left to the mere interpretation by any authority. If the writ, indeed is for the entire Speakasia family then why should it be left in the hands of mere 115 panelists?
The Association is a registered body and is representative of the entire Speakasia panelist, if need arises the Association is ready to intervene in this WP/383/2011 for the proper representation of the entire 12.5 lakh panelists. The intervention of the Association will “Espouse the cause” of the entire Speakasian family. With this intervention I assure the entire Speakasian family that the mediation will cover all 12.5 lakh Speakasians, leaving no room for doubt.
While I am on the question of WP/383/2011 I wish to thank the 97 Panelists from TN who painstakingly worked to make this Vakalatnama movement a huge success. We will not forget the help and support of the Speakasians who worked hard to bring the entire matter to this stage. I once again reiterate that this fight is of the Speakasians, by the Speakasians, for the Speakasians.
I have been horrified and gravely disillusioned at the way the Electronic Media especially Star News have once again raised their ugly heads and gone about reporting this matter in an absolutely wrong manner.
This mischievous intent of Star News is absolutely clear when they without giving any heed to the emotions of lakhs of Speakasians go on falsely reporting the matter. I strongly object to their way of reporting and place on record my severest protest against STAR NEWS.
Yesterday, i.e. on 10th February, 2012 our old and dear friend Hon’ble justice Mateen Hafeez once again woke up from his slumber and started to hallucinate. I feel sorry for this young man who is at the start of his career and is so disillusioned.
We all know his hidden desire to be a Judge while he in fact is a journalist and now he has embarked on writing fiction and once again fails miserably as he ends up writing a comical article which is absolutely predictable something a good fiction article should not be.
Mr. Hafeez you remind me of the famous dialogue from the epic film SHOLAY. “Hum nahi sudhrenge…hum bhrasht kaal ke journalist hai” (my sincere apologies to Ramesh Sippyji and Asraniji for having twisted his famous dialogue).
It is futile to explain facts to someone who has worn blinkers and is suffering from a jaundiced view but this is one duty I will have to indulge in and trust me Mateen I abhor having to interact with some one of low gravitas.
Mr. Hafeez simple reading of your impugned and mischievous article, besides giving me a headache, shows how utterly ignorant you are of the entire Speakasia matter whether it is due to lack of information or is it because you are mentally challenged is something which we will get to know only in time to come.
I suggest you read this update closely to get some information on the Speakasian matter and yes I once again invite you to a public debate in front of some prominent journalist and legal luminaries to once and for all settle your jaundiced view point.
Mr. Hafeez it is absolutely false to say that the Enforcement Directorate has registered a case against the company under prevention of money laundering Act. I hold you to absolute proof either show us the proof of such a registration of case by ED or issue an apology or be ready to face the legal action by the Association for spreading false rumors. Your ignorance has touched the lowest bottom, Mateen all the authorities have to now appear before the Hon’ble Mediator so your submission that the unnamed officer said that “All the investigating agencies will submit their replies in the supreme Court” is baseless and far from the fact. Do you now understand why I call you mentally challenged?
You go on to end your comical article by saying that the police officials are claiming that they are keeping an eye on those who have been supporting the company through the internet” Mr. Hafeez at the end of today’s update I am going to appeal to the entire Speakasian family to send you an E mail so that you will come to know as to how many people are supporting the company on the internet.
Coming back to the Order of the Hon’ble Supreme Court allow me to summarise the order and the present situation that we Speakasians are in.
We could not have wished for a better first step to normalization of the Speakasian business. Having taken care of the EXIT OPTIONERS we will swiftly move into the phase which will deal with the restart of the Speakasian business.
The SAOL filed WRIT 3210 and 3211 came up for hearing before the Divisional Bench at the Hon’ble Mumbai High Court on 7th February, 2012. The Hon’ble Court was pleased to order the respondent (State of Maharashtra) to file their Affidavit in reply and was pleased to order that the matter will be disposed at the admission stage. This matter is now posted for 22nd February, 2012.
I wish to share with all the Speakasians that your Association is now a registered body under the name and style of “Speakasia Panelist Association of India”. Vide registration Number G.B.B.S.D 204/2012 Dated 3rd February, 2012.
As a result of this registration the Association has applied before the Hon’ble Mumbai High Court for reinstating the Association in the Criminal Writ 3611/2011.
I wish to refresh your collective memory that I have been shown indulgence by the Hon’ble High Court and given relief under this Writ. The Hon’ble high Court was pleased to order deletion of AISPA from this Writ on the grounds that AISPA at that time was not a registered body.
We shall be opening a bank account of the Association and will share the details with all of you shortly. We shall be starting the membership drive shortly; the membership forms will be available on aispa.co.in. The first general body meeting of this Association will be held sometime in the last week of March 2012.
Yesterday our dear friend Aman Azad posted his emotional thought on facebook and I reproduce the same below with some modification for which I have his permission.
“Yes, I am an honest Indian citizen. I have full faith in the Indian Constitution. I have implicit trust in the Indian Judiciary. I am a supporter of Speakasia”
Excellent words Aman Azadji.
I wish to take this emotion a step further and I request my Speakasian family to
A) Send a post card with this emotion to: The Commissioner of Police. Police Commissioner Office, Near Crawford Market. Mumbai and
B) Send this emotion as an E mail to our dear friend Mateen Hafeez at: mateenhafeez@gmail.com and Mateen.hafeez@timesgroup.com
At the end I once again remind the entire Speakasian family that we have always been subjected to the false reporting by the media in general and we should not be perturbed with this anymore.
We should continue to have full faith and trust on the Indian Judiciary which is the only forum from where we will get complete relief and eventually the Speakasia business will restart.
Have patience, Have faith, Trust your company.
Morya…. Bhai Morya
Jai Speakasia
Jai Speakasia
Jai Speakasia
Ashok Bahirwani
Secretary
AISPA
