Wednesday, 24 August 2011

Speak Asia PIL Hearing High Court - 24 August 2011

Speak Asia PIL Hearing High Court 24-August-2011

On 24th August a Hearing of Speak Asia PIL which is Submitted By Speak Asia Association in that they have involved court so that Reserve Bank of India will give a Date for Hearing Business Module of Speak Asia.
जन  हित  याचिका  - PIL or Public Interest Litigation  is a Method by Which Public can involve Court to Look in Specific Matter.

A Division bench of Justices Ranjana Desai and RG Ketkar was hearing a PIL regarding the Speak Asia fraud case and another scam where investors had been cheated by offering high returns, quick

In Most of such cases where a Common man has been cheated of his/her hard-earned money
should be expedited

Public Prosecutor Pandurang Pol told the court this matter is looking by  EOW Mumbai but the Problem is
if the Fraud is above Rs50 lakh is investigated by them . The Fraud less then that will be Investigated By Local Police.

On this Court Justice Desai Said : From One Police Station to Another but the complaints are not Filed and more over police don't take case because of huge documents.

The bench then asked how long it took for a complaint to be probed.
"The case also goes to the legal cell for advice. How many legal advisers do you (EOW) have?
How many files are pending there," the court questioned.

The court directed Deputy Commissioner of Police of EOW to file a reply within two weeks.

Speak Asia Association Response
The day started with the hearing of the PIL which is now being heard along with the earlier criminal PIL filed against the Govt. of Maharashtra that had accused SAOL as being on the verge of committing fraud on lakhs of innocent investors in what they preferred to call a net based fraud.

Without Prejudice i attempt to reduce in writing what i understood from the proceedings, I understood that the Hon. Judges clearly said that they are not at all suggesting or wanting the EOW to investigate SAOL individually, infact the court is interested to understand the preparedness of the agency to counter any attempt to defraud the gullible indian investor in any sort of cyber fraud.

The court wanted to understand in detail the procedure to file complaints with the EOW and the systems in place with the EOW like cyber forensics to investigate and to prevent any sort of cyber economic crime.

The court was clear and prounced in the court their main concern was to safe guard the interest of small and marginal investors.

The Associations Advocate Mr. Ahmad Abdi prayed before the Hon. Court for immediate ad
interim releif by way that the over Rs. 130 crores seized by the Authorities be deposited with the Hon Court to be held by the court till the same could be disbursed amongst the panelists.

The Company's Advocate Mr. Abaad Ponda requested the Hon. Court that an opportunity be given to the company to defend itself before being termed scamsters.

He even pointed out to the court that how the EOW was misusing the observation made by the Hon. Ladyship, when she had simply made a prima facie observation in the matter, as if it was an order and placed it before various judicial forums while opposing the bail application of the accused (SAOL officials and others).

The advocates of the company urged the Hon. Court to comment that the police investigate the matter independently without taking into account the Hon. Courts observations as earlier passed.

The Hon. Court was pleased to make the following observation: :

"The police should investigate the matter independently". and Submit the Report Till 7th Of August 2011

The Magistrate heard the bail application, but reserved her order till tomorrow as the Investigating Officer of the EOW Bhayander was not available today.
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1 Comments:

At 24 August 2011 at 20:02 , Blogger harsha said...

According to post dated 24/08/2011: On 24th August 2011 court passed following order:
"The police should investigate the matter independently". and Submit the Report Till 7th Of August 2011

How it is possible Sir ?

 

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