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Nov 11, 202210 min read

Pleading for the DHFL Victims’ assertion of agency- marginalization due to financial abuse: A Letter

Posted on 11/11/2022

To

Justice Dhananjaya Yeshwant Chandrachud,

The Honourable Chief Justice of India

Sub: Pleading for the DHFL Victims’ assertion of agency: marginalization due to financial abuse

Dear Sir,

First of all, on the auspicious occasion of your birthday, let every moment of your life be a new birth (mahasthavira jataka). In the midst of catastrophic anthropogenic glocal heating⤡ and a devastated financial ecosystem, we, the victims of the Dewan Housing Finance Corporation Limited (henceforth DHFL) scam⤡, are appealing to you, a nature-lover (in terms of the weltanschauung

of eco-sexuality) and a compassionate person known for furthering the rights of the marginalized groups (the subjugated, objectified subjects of the “othering” process), for providing justice to financially abused persons.

Because of evident financial deprivation, the DHFL victims are losing their ‘personhood’, i.e., losing their status as ‘legal persons’ per se, thus curtailing Article 14 of the Constitution of India. Following the ethico-epistemologically construed meaning of a “person” (especially the accounts given by situational ethicist Joseph Fletcher and bioethicist Peter Singer), the DHFL victims are losing their characteristic ‘sense of future’; in other words, they are losing sense of “future-oriented actions” and are being hopelessly marginalized by the various organs of a dilapidated democracy⤡ ⤡ ⤡. We are reiterating this particular epistemological standpoint after listening to your ingenious lecture on the pertinent topic of Conceptualising Marginalisation: Agency, Assertion, and Personhood VIEW HERE ⤡⤡. As you stated in the course of your lecture: “…an action that affects both, externalisation and internalisation, would diminish personhood”, the simulated DHFL scam has severely damaged both the externalized and internalized aspects of right-holding legal persons, viz., the DHFL Victims. We are grateful to you for the intellectual resilience that you have shown throughout your career. Such intellectual assertions become indispensable at a time when discursive formations are being foreclosed and intellectuals are getting endangered. This makes us recall our former CJI’s legitimate remark:

‘Sorry State of Affairs’: CJI Ramana Says Lack of Parliamentary Debates Causing Gaps in Laws VIEW HERE ⤡ (As reported on 15th August, 2021 ©The Wire). It is empirically observed in this context that the Indian executive and legislature, as reported by different foreign and crowd funded Indian media, are controlling, appropriating, approximating and codifying the third, fourth and fifth pillars of democracy. INDIA WOUNDED: A BIRD’S EYE VIEW VIEW HERE ⤡Keeping in mind the glorious history of your remarkable and historic judgments on:

  1. IPC 377 regarding the LGBTQIA+ rights and carnal sex;

  2. the Sabarimala issue; (It proves the heterogeneity of the umbrella term, “Hindu”, if we compare it with the rituals performed in the Kamakhya Temple)

  3. Article 497;(Empowerment of woman beyond conjugal life/institutionalized monogamous heterosexual reproductive family that is considered as “normal” as part of the Procrustean Bed of the normalization process without paying any heed to other marginal types of relationship)

  4. The Right to Privacy (before the introduction of Data Protection/Data Privacy Bill within the Orwellian State as an anatomo-bio-political tool);

  5. The Medical Termination of Pregnancy(MTP) Act;

  6. passionately-written dissent notes on the Aadhaar;

  7. the controversial arrest of five activists in the Bhima Koregaon case and so on.

However, we are very much disappointed to note that we had not listened to your dissenter’s voice, as

expected by us, in the case of Babri Masjid-Ram temple verdict. We had never imagined that metaphysical matters would ever become the object of judicial discussion within a secular framework.

We are humbly appealing to your three Cs: Compassion, Courage and Conscientiousness regarding the present case of violation of business related human right. We are kindly requesting you to resolve the problem of the manufactured DHFL scam, the biggest financial scam that India ever witnessed, by avoiding the politico-socialization process of contemporary India, burdened with crony and monopoly capitalism. We are presenting before you the chronological order of the said scam after the 2016 Demonetization Drive (The hunches are highlighted):

Therefore, considering the above scenario in its entirety, we are smelling the rat in the DHFL⤡ resolution process⤡.The above table shows the loopholes and cleavages of this case, which is transparently opaque due to the covert control of the terror-funded ruling party as an agency within the ambit of the shadow economy. Especially, we are over-emphasizing the following four events for your kind attention: a) NCLT First order, ordering the DHFL CoC for a reconsideration of Mr. Kapil Wadhawan’s resolution plan or settlement proposal;b) Reverting back of the above order by NCLAT— a case of manipulative tour de force (As you rightly said:“Justice done can quickly be undone.”);c) NCLAT Second Verdict, which has definitively unveiled the illegitimacy of the RBI-appointed DHFL-CoC, without questioning the wis(h)dom of the CoC under the IBC Act

⤡;d) The Hon’ble Supreme Court’s Stay Order on the NCLAT Second Verdict, ensuring that Mr. Ajay Piramal, an alleged insider trader, secondary relative of a favoured business tycoon, can play with the dubious names of his housing finance company, as noted above. We cannot help but restate you statement: “Justice done can quickly be undone.” We, the DHFL Victims, need to have such hastened undoing of the Hon’ble Supreme Court’s stay order on the NCLAT Second order after scrutinizing various overt and covert variables that control this event of delayed and denied justice. We are expecting from your kind self with conscience that a suo moto cognizance should be filed to rescue the DHFL Victims from the infringement of their Business-related rights as guaranteed by the United Nations Guiding Principles on Business and Human Rights.

The small investors of DHFL, who have been deprived of their financial rights, include senior citizens, physically challenged persons, ailing patients and widows of the Indian Army personnel (therefore, the question of gender justice is also involved here). Many of the small investors depended greatly on the interests given by DHFL to get their basic means of subsistence, especially during the p(l)andemic⤡ and the economic downfall marked by a marked decrease in GDP coupled with hyper-inflation that the country has witnessed in the past couple of years.

Thus, DHFL Victims are suffering from a different kind of “capital” punishment, even though they did not commit any legally prohibited acts by depositing their money at an AAA-rated (NBFC) Shadow Bank. The fundamental Right to Life as guaranteed by Article 21 of the Constitution of India is being hampered in this context. We reckon that you have constantly emphasized on the necessity of both personal and economic liberties of all the legal persons.

That being the case, the victims cannot afford to file an expensive case at the Hon’ble Supreme Court all by themselves.

We are citing the following enunciations, otherwise self-blaming by several legal aid providers:

  1. Here’s proof that poor get gallows, rich mostly escape. VIEW HERE ⤡ (As reported on JULY 21, 2015 © The Times on India)

  2. Judiciary ramshackled, going to court is useless: Ex-CJI Ranjan Gogoi VIEW HERE ⤡ (As reported on 14th February, 2021) © The Indian Express

  3. ‘If you go to court, you don’t get a verdict,’ says former CJI Ranjan Gogoi VIEW HERE ⤡ (As reported on Feb 13, 2021 ©Scroll.in)

  4. Senior Advocate Mukul Rohatgi, in an NDTV interview⤡ (12/11/2020) reiterated Hon. Justice Krishna Iyer, “Jurisprudence has gone astray, seem jail is rule, bail exception.”

Therefore, we are close to losing our faith in the Indian Judiciary⤡, though we wish to regain the paradise as it was during the period 1972-1985 under the able grip of the Honourable “Iron Hand”. The Collegium of the Supreme Court should maintain its compartmentalized, independent existence at the time of political manipulation.

Keeping in mind the dictum “International law is the vanishing point of jurisprudence”, if sovereign government cuts a sorry figure to implement the universal statutes on human rights, a financially abused person has to take his/her recourse to the vanishing point, i.e., parallel international “law”. We have already pleaded for justice by means of several mass petitions. The petitions are given as follows:

Hence, in conclusion, the tedious hike across the steep mountain of distributive justice necessitates us to become absurd, marginalized heroes and heroines in the image of the immortal Sisyphus (a la Camus).

Yours Sincerely,

Dr. Debaprasad Bandyopadhyay

Mrs. Rupa Bandyopadhyay

Mr. Akhar Bandyopadhyay

A Victimized Family of Bewildered, Beleaguered, Perplexed, Anguished, Anxious, Hapless, Helpless and Ailing DHFL FD Holders

ON BEHALF OF ALL ANGUISHED, AILING DHFL FD, NCD AND SHAREHOLDERS [USUAL DISCLAIMERS APPLY]

बहुजनहिताय बहुजनसुखाय च॥

(“For the happiness of the many, for the welfare of the many”)

COPY TO:

1. The Honourable Minister of Law and Justice, the Government of India

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