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Ashok Bahirwani’s update: 20th June, 2012

Hindi Version

Good Evening Friends,

The Criminal Application 300/2012 in WP 3611/2011 preferred by EOW for vacating the stay granted by the Hon’ble Divisional Bench on 21st March, 2012, was to be heard on Monday the 18th June, 2012
On the matter being called our Counsel informed the Hon’ble Court that the main Petition was listed for hearing on 28th June, 2012 and the Hon’ble court was pleased to adjourn the matter to 28th June, 2012 and after adjusting the calendars for the convenience of all the matter has now been finally posted for 3rd July, 2012.

Important to note is that the Hon’ble Divisional bench in all its wisdom has refrained from passing any order in the said application.
On 13th June, 2012, when the application first came up for hearing the Hon’ble Court had just noted the submissions of the learned APP and our counsel, without preferring to pass any order.
Yesterday the learned APP once again vociferously brought up her thought process and mentioned in the open court that the Hon’ble Supreme Court has allowed them to continue investigation, to which the Hon’ble Court once again observed as follows:

“This court has not passed any order in the said criminal application and that they had only recorded the statement of the learned APP”.

It is another matter that our dear friend Justice Mr. Mateen Hafeez in an attempt to scandalize the process of the Hon’ble Court through his report appearing on page 4 in Times of India dated 16th June, 2012; had mischievously misquoted the happenings of the Court of 13th June, 2012.

In the impugned news report filed by this hallucinating person of low gravitas, he has contemptuously misinformed the general public as if the Hon’ble High Court has allowed the EOW to continue investigation.
We all know that Mateen is prone to hallucinations and lives a life of misery where he fights the cobwebs of failure.
This man is sick and needs help immediately. How can any normal person be so blinded to facts and disrespect the Hon’ble High Court and also the emotions of lakhs of people associated with the Speakasia matter?
I have dealt with his impugned article in an open letter to him at the end of this update.

AISPA has preferred to file a Criminal Application for Suo Motu Contempt of Court against Mateen Hafeez and some more persons, who have assisted him in publishing the mischievous and absolutely false report on page 4 in Times of India dated 16th June, 2012.

A Criminal Application vide Number APPW/322/2012 was filed on 19th June, 2012. This was mentioned before the Hon’ble Court Today, circulation of this has been allowed and the matter is now listed for hearing on Monday the 25th June, 2012.

The Background of the matter as I view it:

The observation made by the Hon’ble Supreme Court on 10th May, 2012 is reproduced below:

“We make it clear that pendency of this matter either before the Mediator or before this Court will not hamper with the investigation”

In my view the above observation is general in nature in line with established law.

The above observation does not in any way point towards the Stay granted by the Hon’ble Bombay High Court in WP 3611/2011 on 21st March, 2012 because of the following reasons:

a) The Observation of the Hon’ble Supreme Court has come on record without knowing the back ground of the WP/3611/2011 as the matter when heard on 10th May, 2012. WP/3611/2011 was not the matter listed for discussion.

b) The Hon’ble Supreme Court is not aware of the fact that the Hon’ble Bombay High Court has stayed Investigation in the matter.

c) The Hon’ble Supreme Court is not informed about the fact that the original complainant Mr. Navniit Kkhosla has received his entire dues to his satisfaction which he has in person informed the court through a sworn affidavit and also by appearing in person on the 15th March, 2012.

d) The observation of The Hon’ble Supreme Court does not circumvent the powers of The Hon’ble High Court to adjudicate any matter on its merit as per law.

As demonstrated above it is abundantly clear that the comments made by The Hon’ble Supreme Court are general in nature and only explains the established legal point of view as per law. The observation has no connection or bearing on the Stay as granted by the Hon’ble High Court, if the stay has to be vacated it will have to be done by the Hon’ble Bombay High Court unless the stay is challenged before a superior court, which is not the case as of now.

It would not be out of place to mention and bring to the notice of all concerned that the operational order in force as of now is as per order dated 3rd April which goes on to say “Interim order to continue until further orders”.

A famous quote by Henry A. Wallace comes to my mind for our unknown enemy and it sounds perfect to us Speakasians:

“Their final objective toward which all their deceit is directed is to capture power so that, using the power of the state and the power of the market simultaneously, they may keep the common man in eternal subjection”.


Have patience, Have faith, Trust your company.

Morya…. Bhai Morya

Jai Speakasia,

Jai Speakasia,

Jai Speakasia.

Ashok Bahirwani

Secretary

AISPA


…..Continued Part II. Open Letter to Justice Shri Mateen Hafeezji:




 
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