Friday, September 2, 2011

Speak Asia: Ashok Bahirwani’s Updates



Good Afternoon Speakasians,
The news from Supreme Court was once again reported in a negative manner by the media across the board.
Our Counsels preferred to withdraw the petition; the court was pleased to pass the following order “Petition Withdrawn by the Petitioner”. 
The media is reporting this order as if the Court has dismissed the Petition or passed any strictures against the company. The Petition has been strategically withdrawn by the company on its own will.


Headlines Today have maliciously reported that the Hon. Supreme Court has said that SAOL has defrauded thousands of people. I hold Headlines Today to this and demand them to submit proof of this observation of the Hon. Supreme Court and I am separately writing to them seeking clarification or in the absence a correction statement. The Petition was heard by His Honorable Mr. Justice Markandey Katju and Honorable Mrs. Justice Gyan Sudha Misra in the Honorable Supreme Court.
The Judges were of the opinion that the Petition was before time, and while the matter is being investigated, it would not be proper for the court to club the matters together. The court was of the opinion that the matters can be clubbed together at the trial stage i.e. after the charge sheets have been filed.
Sensing the mood of the learned bench our senior Counsels strategically decided to withdraw the Petition.
PERTINENT TO NOTE HERE IS THAT NO NEGATIVE ORDER OR COMMENT WAS PASSED BY THE HON. JUDGES WHICH IS A GREAT RELIEF IN ITSELF.


This keeps our route open and we can always go back to the Supreme Court if some fresh issues develop or if we come up with some fresh grounds.
Please understand that there was no other Petition before the Hon. Supreme Court from the company SAOL save and except this present Petition.
There was no anticipatory bail Application. The Petition of the company was to the effect that all investigations be clubbed together under one investigating agency.


Remember the PIL preferred by some individual Panelists is ready for filing in the Supreme Court and is expected to be filed tomorrow, if the petition is filed tomorrow then we can expect the Supreme Court PIL to be heard on Wednesday.
Also remember that the hearing in the Association’s PIL before the Hon. High court at Bombay is also on Wednesday i.e. 7th September, 2011. To refresh your collective memories the Hon. High Court had asked the Maharashtra Government to file reply to the PIL within Two weeks which ends on Wednesday i.e. 7th September, 2011.


I do not see any end of road arising out of this withdrawal of our petition in the Supreme Court today.
In my experience with the legal process I have seen such stepping back many a times only to bounce back with more energy. I have been informing all of you that this is not an easy situation to be in but important to note here is that we are moving in the right direction.


BY: ASHOK BAHIRWANI

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