09-08-2004

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Date:
Mon, 9 Aug 2004 20:39:21 -0700 (PDT)
From:
"pankaj mody"
Subject:
CLARIFICATION ON WHETHER PROTECTION IS AVAILABLE AND WHETHER BANK FRAUD CONCERNING GTB IS BEING LOOKED INTO
To:
cm@gujaratindia.com
CC:
presidentofindia@rb.nic.in
FROM:PANKAJ S MODY
JANMANGAL APARTMENT
40 BMM SOCIETY
PALDI, AHMEDAD 380 006
GUJARAT


9TH August 2004

FOR IMMEDIATE PERSONAL ATTENTION

TO:
THE HONOURABLE CHIEF MINISTER OF GUJARAT
GANDHINAGAR
GUJARAT
cm@gujaratindia.com



Respected SHRI NARENDRABHAI,

SUBJECT: PROTECTION AS WELL AS NEED TO EXPOSE BANKING FRAUD IN CONNECTION WITH GLOBAL TRUST BANK

Please accept my SINCERE THANKS AND PRANAMS for acknowledging my LAST email dated 1st August 2004 by your e mail dated 4th August 2004.

By this e mail, I most respectfully and humbly bring it to your kind notice that instead of receiving any protection, I am being harassed by the Police Department for the reasons unknown to me.

I may state that two police officers had visited my parents residence around 5pm on 4th August 2004 and also on 7th August 2004 around 4PM for inquiry about my whereabouts and without communication by email from your office..My father informed me that he felt that their tone and attitude was not very frank and communicative but was such that as if they are searching for a criminal. In my opinion, if the intention of the authorities concerned was to give me protection , then things would have been different. I ONCE MORE FEEL SHOCKED, HARASSED AND UNDER SEVERE DEPRESSION.

I am appalled by the letter that I have received yesterday on 7th August 2004 from the legal department of Government of Gujarat in gujarati language.For sake of simplification , I am furnishing translated version for your kind reference. It appears that the staff working under you is making SAME mistakes as what happened to S K Dubey-WHO ACTED WHISTLEBLOWER when he wrote to the Prime Minister and which led to HIS murder in November 2003.instead of understanding the financial circumstances, I am in -as narrated in my earlier e mails from time to time.

5. In view of undermentioned background in nutshell, I have strong reasons to feel that Legal department is not on right track of thinking and wants to help bank robbers as well as senior officers of Global Trust Bank to get away with their acts of fraud. This would tarnish your image irreparably in case you fail to examine the matter personally in depth.

v Mr. Jalundhwala had made false representation as well as suppressed material facts before police authorities to misguide them and which led to hasty police remand for five days in december 1999 to the undersigned . Instead of Police remand, Police could have taken earlier joint statement of Jalundhwala , Soparkar , Kashiparekh and officials of Global Trust Bank which they avoided for the reasons best known to them.

v It was only after Mr. Soparkar’s stand and confirmation in August 2003 to Bar council of Gujarat where he replied that he did not have any role to play as an escrow person holding documents in trust with escrows namely- Soparkar and Kashiparekh but without obtaining confirmation from Jalundhwala, Dhanyushya Financial that necessiates judicial interrogation on all of them as jalundhwala with help of police subjected me for police remand . Govt of Gujarat cannot escape from making detailed inquiries as clearly stated by letter addressed to me by your legal department and and appended herewith.

v Till date, Bar council of Gujarat , has not obtained joint reply of Soparkar, Jalundhwala, Kashiparekh and Dhanyushya inspite of my reply to the Bar Council of Gujarat.

v It is therefore necessary that without bringing legal department into picture , the Police department need to take initiative to obtain their joint reply so that their frauds can be unearthed as well as the actions of the Global Trust Bank can be exposed too. This aspect does not have anything to do whether I have lost in appeal from order only for the purpose of injunction. The officers from your department can learn from the inquiry conducted by CBI on officials of SEBI in relation to GTB. Police can have their joint statement recorded in presence of Magistrate forthwith.

v Had Bar Council of Gujarat reacted promptly and obtained reply from Mr. Soparkar within one month of filing complaint in September 2002 , then they would have valuable information on what Mr. Soparkar had to say on to his reply and this information would have been useful to get favourable orders. Both Bar council of Gujarat as well as Soparkar for the purpose of veiling fraudulent acts of Mr. Soparkar and others , they chose deliberately to suppress material facts.

v To simplify the matter, the police department needs to obtain and furnish the copies of GTB’s reply , Jalundhwala’s reply , Soparkar’s reply forthwith by posting the same on the internet site links furnished by me earlier in the form of comments so as to maintain transparent approach as well as usher into area of fast e- communication which can also provide information to the citizens that your administration is dynamic in fast and effective response.

The links are as under:-
1. http://www.bcgsopar.blogspot.com (complaint against Mr Soparkar with Bar Council of Gujarat )
2. http://www.comgtb.blogspot.com (correspondence with Global Trust Bank)
3. http://www.doshit.blogspot.com (copy of appeal from order 176 filed )
4. http://www.intad.blogspot.com (correspondence with income tax department).


Consequently, by the present email , I request your Honour to please do needful in the matter and you PERSONALLY let me know/guide as to where the matter stands AS REGARDS TO PERSONAL PROTECTION AS WELL AS INVESTIGATION ON BANKING FRAUD and what is expected of me.

Your intentions are noble as it appears from prompt acknowledgment , but I do not have any faith and trust in the administration anymore that you have in view of extremely bitter experiences in the past . Therefore, I have marked copy of my email to others as referred and others too so that your staff behaves responsibly towards a whistleblower and starts respecting them.

An early reply is requested to me as well as the above persons e mailed by me.

Kindly excuse me for taking your precious time for obvious reasons.


Yours most respectfully,

Pankaj S Mody


=============================================================

ANNEXURE:-



I have also received a letter in Gujarati language from Mr. H .K.Shah,Deputy Secretary ,Legal Department ,Government of Gujarat dated 27th July 2004 vide reference no VIP/102004/UO/453/H Having address as: Legal department, 4 Sardar Bhavan,Sachivalaya,Gandhinagar. The text translated into English language carries this meaning:


TO,
Shri Pankaj S Mody
2 JanMangal Apartment
adjoining Kachi Samaj Hall
Paldi , Ahmedabad


Subject:-Protection as regards in Global Trust Bank.

Sir,

That as per the direction of Chief Minister of Gujarat concerning e-mail as regards to the above issue- as far it concerns to the legal department , that when the court case has gone against you,then the person subject to provisions of law , the person can file appeal/revision and any citizen in case of injustice can take up the matter with Supreme Court .Under the circumstances, in view of court order and on the basis of that order, the Government of Gujarat cannot take steps in justice administration.


Yours faithfully,


H K SHAH
Deputy Secretary

Legal Department.



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"The Supreme Court order affirms what victims and their lawyers have been saying all along. Gujarat's police and justice system are protecting the guilty and are undermining activists, lawyers and even the National Human Rights Commission," said Brad Adams, executive director of Human Rights Watch's Asia Division. "For justice to be done for victims of the Gujarat riots, impartial investigations have to be conducted and witnesses have to be protected so they can testify without fear."







p s mody
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