Good Evening Speakasians,
The last couple of days have been very hectic as there is lot of work being done which in time will be visible to the entire Speakasian family.
The AISPA Writ of the 25th January, 2012 was not heard as the assignments were to change (The Judges are rotated on a regular basis in our courts) and none of the Divisional Benches presided on that day.
The Writ will now be heard by the new Divisional Bench of Hon’ble Mr. Justice. V.M.Kanade and Hon’ble Mr.Justice P.D. Kode on the 16th February, 2012.
As the Speakasia matter has been in controversy for a long time now, people seem to have lost sight of the entire issue and seem to be confused about the factual position. I take leave and try and refresh the entire case from the beginning step by step.
We all know that this entire circus was started by the negative media campaign around 11th May, 2011, which we by now know was motivated and mischievous in nature.
Following this negative and malicious trial by Media, RBI in a knee jerk reaction and without application of mind circulated the impugned circular dated 23rd May, 2011, which resulted in the closing down of the banking channels of the company.
RBI has since written to the company on 14th December, 2011 clarifying their stand and placing on record that they have no problem if SAOL wishes to bring in money to distribute amongst the panelists provided it is done through proper banking channels. This in effect clearly means that the RBI has given its consent to SAOL to bring in the monies and disburse the monies to the panelists.
Sometime around June 2011 an FIR came to be filed in Andhra Pradesh by an NGO going by the name “Corporate Fraud Watch”. The AISPA Writ in the Hon’ble Mumbai High Court, along with other issues, deals with this NGO and tries to expose their malicious intent. SAOL has also filed a SLP (Special Leave Petition) in the Hon’ble Supreme Court for quashing of this Andhra FIR along with yet another FIR which subsequently came to be filed at Hyderabad.
Sometime in the Month of June 2011 an individual by the name Mr. Rajmani Shukla chose to file a criminal PIL in the Hon’ble Mumbai High Court claiming to be a public spirited person. However it later came to light that he had no known background of any worthwhile public service. We all know that this PIL has been dismissed by the Hon. Mumbai High Court.
Pursuant to this PIL the Navneet Khosla FIR came to be filed at Nirmal Nagar Police Station on July 28th 2011 and subsequently transferred to the EOW Mumbai on the same day and is numbered as FIR 60/2011. The investigations being made are u/s 406 (Criminal Breach of Trust), 420 (Cheating), read with Sec. 120 (b) (Criminal conspiracy) of the IPC coupled with section 3, 4 and 6 of the PCMC (B) act of 1978.
10 arrests have been made under this FIR and Mr. Melwyn Crasto has been under custody for the longest duration of 55 days.
The following people have been arrested and released on bail:
1. Mr. Tarak Bajpai
2. Mr. Rajeev Mehrotra.
3. Mr. Ravi Khanna.
4. Mr. Dipankar Sarkar.
5. Mr. Rayees Shaikh.
6. Mr. Rahul Shah.
7. Mr. Nayan Khandoor.
8. Mr. Sanjeev Dandona.
9. Mr. Melwyn Crasto.
10. Mr. Ashish Dandekar.
On close perusal you will realise that only Mr. Tarak Bajpai our inspirational and lion hearted COO and our intellectual and very calm RM., Mr. Ashish Dandekar are the employees of SAOL, all the others are either panelists, Vendors or Business Associates.
Sometime in early August the EOW have taken control of the speakasiaonline website and since then the entire operation of the website has been stalled.
On 13th January, 2012 SAOL has filed a complaint with the Commissioner of Police, Mumbai against people who are tampering with the website which is tantamount to tampering with evidence.
AISPA came into being sometime around 12th/13th August, 2011 and was incorporated on 14th August, 2011.
AISPA for the first time on 16th August, 2011, put across the panelists view point before the Magistrates Court during the Bail application of Mr. Tarak Bajpai.
AISPA filed its PIL before the Mumbai High Court on 22nd August, 2011. This PIL has been since withdrawn on the observation of the Hon’ble Divisional Bench of the Hon. Mumbai High court who had advised such a withdrawal in view of the Hon. Supreme Court having referred the matter to the mediator under the Hon’ble Mr. Justice R.C.Lahotiji.
Around the Last week of August some of the panelists started a vakalatnama campaign resulting in filing the Writ 383/2011 in the Hon’ble Supreme Court.
On close perusal we can see that the vakaltnama’s have come from all over the country. The requirement to get the vakaltnama’s in great numbers was to show “Espouse the Cause”. This was the main reason that a single person did not file the WRIT.
Pursuant to the arrest of our President Mr. Melwyn Crasto, and sensing the danger of a large number of our Panelists being arrested, AISPA filed a criminal Writ 3611/2011 in the Hon. Mumbai High Court. This Writ deals with the following issues:
· It deals with exposing the criminal nexus between the media and the EOW.
· It draws out the role of Ms. Sucheta Dalal of Money Life and Mr. Mateen Hafeez of the Times of India.
· It brings to the attention of the court the atrocities and the high handed working of the EOW.
· It prays for the CBI enquiry into the working of the EOW.
· It prays for the quashing of the Navneet Khosla’s FIR.
· It prays for stopping of coercive action against the panelists.
In a war like situation many flanks are strategically opened and no one flank in the war can say that a particular flank is all important; the situation has to be viewed holistically in its entirety.
We all know that the Hon’ble Supreme Court is the apex court of the country. The result from the Supreme Court will be final, binding and beneficial for all Speakasians.
All the matters be it the company Writ 3210 & 3211/2011 in the hon’ble Mumbai High Court for quashing of the Raigad and Thane FIR’s or the Company’s SLP 7509 & 7510/2011 in the Hon’ble Supreme Court for quashing of the Andhra FIR’s or the AISPA Criminal Writ 3611/2011 against the atrocities of EOW and quashing of the Navneet Khosla FIR in the Mumbai High court, or the Panelists Writ 383/2011 in the Supreme Court--- each have a different and unique objective.
When you fight for a larger cause you cannot claim proprietary of the fight. You fight for a cause in an absolutely unselfish way without any personal gratification. It will be seen as loss of perspective, and is very dangerous, if a group or an individual starts staking claim on any movement. This is a fight of the Speakasians, by the Speakasians, for the Speakasians.
AISPA or any individual have no right to claim any credit for this thereby insulting the sensibilities of the entire Speakasian family.
What saddens me is the rumour mongering doing the rounds on various forums. The quest for personal gain has become so intense that those involved in such rumour mongering do not hesitate to take shelter in falsehood, misrepresentation and suppression of facts. Those who attempt to pollute the fight of Speakasians or touch the pure fountain of the Speakasian spirit with tainted hands cannot be true Speakasians.
All of us are potential victims of rumors, including false and vicious ones. Rumors are nearly as old as human history, in the era of the Internet; it has become easy to spread false or misleading rumors about almost anyone.
I urge my Speakasian family to see through this mischief and remain united and unaffected by such malicious rumour mongering. We have maintained a very high standard of integrity and decorum in our entire journey together, and it would be sad if a few people are allowed to pollute the pristine atmosphere at the eleventh hour.
What needs to be paid attention to is that in every court hearing which takes place the matter moves positively in our favour. That these hearings are far in between cannot be helped as this is a normal irritant in our judicial system, and that is what i have been advocating since the beginning that we all need to remain patient.
“Unity to be real must stand the severest strain without breaking”
Mahatma Gandhi.
Have Patience, Have faith, Trust Your Company.
Morya... Bhai Morya,
Jai Speakasia,
Jai Speakasia,
Jai Speakasia.
Proud to be Speakasian.
Ashok Bahirwani
Secretary
AISPA
