BPP Trustee Yazdi Desai Clarifies against Charges of Defamation

The following email is circulated via email…

CLARIFICATION BY YAZDI DESAI, BPP TRUSTEE

An article was published in the Parsi Times dated 19th May 2012, and subsequently circulated widely on the internet, stating that “Yazdi Desai and Anahita Desai have been arrested and now released on bail by the Court”. This statement is misleading and has been mischievously made.

There was no “arrest”. No Police came and arrested us as is being made out in the Parsi Times article.

My wife Anahita, my co-trustee Khojeste and I were served a summons on 25th April 2012, to appear before the Magistrate’s Court at Ballard Pier, with regard to a defamation case filed by Zarir Bhathena of Hilla Builders, for what was published in the WAPIZ Page of 2nd February 2006.

After receiving the summons Anahita and I, along with our lawyer appeared in Court on 15th May 2012. Khojeste did not appear as he was out of town. As per the procedure, an application was required to be made for bail and we gave a surety bail bond of Rs 10,000 each, as a bond to ensure our presence in Court for the Hearings. There was absolutely no arrest as irresponsibly reported by The Parsi Times.
The Trial in the Case has not even started, so there is no question of anybody being found guilty. We will be defending what was written in the WAPIZ Page, when the Court hearings begin.

Yazdi Desai, BPP & WAPIZ Trustee

,

  • Phiroze

    And to think only non Parsi reporters got their facts wrong. Nothing printed in newspapers is THE news anymore.

  • Adarbahman

    Where was the need for furnishing  bail, if there was no arrests?
    Defintion of bail from Wikipedia is “Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear).
    As per dictionary bail is given  as Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person’s appearance for trial.
    2. Release from imprisonment provided by the payment of such money.
    3. A person who provides this security.
    We do not need to be miseducated about the law from anybody.

  • Adarbahman

    Where was the need for furnishing  bail, if there was no arrests?
    Defintion of bail from Wikipedia is “Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear).
    As per dictionary bail is given  as Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person’s appearance for trial.
    2. Release from imprisonment provided by the payment of such money.
    3. A person who provides this security.
    We do not need to be miseducated about the law from anybody.

  • Ronnie

    WAPIZ has been washing our community’s dirty linen in public. All BPP trustees on board of WAPIZ should step down for bringing our parsi community to shame by publishing topics related to our community in public in black & white and big prints. Its disgusting to read such issues in the press.

  • Ronnie

    WAPIZ has been washing our community’s dirty linen in public. All BPP trustees on board of WAPIZ should step down for bringing our parsi community to shame by publishing topics related to our community in public in black & white and big prints. Its disgusting to read such issues in the press.

  • Amaria Lt. Col.(Retd.) Boman

    You are Right,
    If you appear before the Hon. Court on receiving the summons, I don’t think there is any need of Bail.
    As common sense, open to correction.

  • Amaria Lt. Col.(Retd.) Boman

    You are Right,
    If you appear before the Hon. Court on receiving the summons, I don’t think there is any need of Bail.
    As common sense, open to correction.

  • Phiroz.

    In Hindi , there is a saying “KEHTA BHI DIVANA NE SUNTA BHI DIVANA. Those who got elected to BPP by creating a false panic of Religion in danger have come to conclusion that they can fool the ENTIRE community in perpetuity. This was not a case of anticipatory bail. No body needs bail unless he or she is arrested.It is clear that while the charges have yet to be established, the concerned persons in the eyes of law are ACCUSED till  and if they are acquitted. Where was the need to obtain bail, (which is not anticipatory) if they were not arrested.?

  • Phiroz.

    In Hindi , there is a saying “KEHTA BHI DIVANA NE SUNTA BHI DIVANA. Those who got elected to BPP by creating a false panic of Religion in danger have come to conclusion that they can fool the ENTIRE community in perpetuity. This was not a case of anticipatory bail. No body needs bail unless he or she is arrested.It is clear that while the charges have yet to be established, the concerned persons in the eyes of law are ACCUSED till  and if they are acquitted. Where was the need to obtain bail, (which is not anticipatory) if they were not arrested.?

  • Phiroz.

    In Hindi , there is a saying “KEHTA BHI DIVANA NE SUNTA BHI DIVANA. Those who got elected to BPP by creating a false panic of Religion in danger have come to conclusion that they can fool the ENTIRE community in perpetuity. This was not a case of anticipatory bail. No body needs bail unless he or she is arrested.It is clear that while the charges have yet to be established, the concerned persons in the eyes of law are ACCUSED till  and if they are acquitted. Where was the need to obtain bail, (which is not anticipatory) if they were not arrested.?

  • Byram. Sidhwa.

    That is because moneybags misused the print media of the community to corner the prime properties owned by B.P.P. and the owners of such newspapers were already leading a hand to mouth existence. Ronnie is correct. Before the formation of WAPIZ the community never experienced such futile controversies. and the community was never in the limelight for all the wrong reasons.

  • Byram. Sidhwa.

    That is because moneybags misused the print media of the community to corner the prime properties owned by B.P.P. and the owners of such newspapers were already leading a hand to mouth existence. Ronnie is correct. Before the formation of WAPIZ the community never experienced such futile controversies. and the community was never in the limelight for all the wrong reasons.

  • Phiroze

    Ronnie, are you also not disgusted with reading and commenting about such issues on the net which the whole world has access to?

  • Phiroze

    Ronnie, are you also not disgusted with reading and commenting about such issues on the net which the whole world has access to?

  • Phiroze

    There are two types of offences under IPC. Some in which you get bail before arrest (bailable)and some after arrest (non bailable) from a court of law.

  • Phiroze

    There are two types of offences under IPC. Some in which you get bail before arrest (bailable)and some after arrest (non bailable) from a court of law.

  • Phiroze

    Some misuse the print media and some the internet. Both are bringing the community in the limelight for all the wrong reasons.

  • Phiroze

    Some misuse the print media and some the internet. Both are bringing the community in the limelight for all the wrong reasons.

  • xyz

    Wikipedia’s definition is entirely different from Indian Law of the land. Yazdi is 100 percent right. If he has received summons from the metropolitan magistrate’s court for a criminal case which is for defamation, then he has to pay the bail amount, he has to give a surety and he has to pay personal surety amount and he has to be present on all the subsequent dates. Then he is not arrested. Then the trial starts. This rule applies for all future dates and for all the accused. Now on the next date khojestee as well as arzan khambatta has to personally be present in the court and complete the same formalities in the same manner. In the meantime, if they all become friends again and desires settling the matter out-of-court, then that is also allowed. wish you all the best. God Bless Parsee Community.

  • xyz

    Wikipedia’s definition is entirely different from Indian Law of the land. Yazdi is 100 percent right. If he has received summons from the metropolitan magistrate’s court for a criminal case which is for defamation, then he has to pay the bail amount, he has to give a surety and he has to pay personal surety amount and he has to be present on all the subsequent dates. Then he is not arrested. Then the trial starts. This rule applies for all future dates and for all the accused. Now on the next date khojestee as well as arzan khambatta has to personally be present in the court and complete the same formalities in the same manner. In the meantime, if they all become friends again and desires settling the matter out-of-court, then that is also allowed. wish you all the best. God Bless Parsee Community.

  • xyz

    It is not anticipatory bail. It is Normal Bail only.

  • xyz

    It is not anticipatory bail. It is Normal Bail only.

  • xyz

    It is the fault of Wapiz who was printing rubbish in free press journal. This was paid for by the moneybags. They were paying Rs 1 lac for one page and purchasing 15,000 free copies of free press journal and distributing rubbish free at the time of canvassing for elections. When you have 500 crores of rupees turnover, you have lots of ego, that is why this defamation case started.

  • xyz

    It is the fault of Wapiz who was printing rubbish in free press journal. This was paid for by the moneybags. They were paying Rs 1 lac for one page and purchasing 15,000 free copies of free press journal and distributing rubbish free at the time of canvassing for elections. When you have 500 crores of rupees turnover, you have lots of ego, that is why this defamation case started.

  • Byram. Sidhwa.

    Well in the first place there should be right reasons to be in the limelight. Exchanging garlands wearing Parsee dress  or sitting next to so called High Priests is not always the right reason. Sycophancy practised by Parsee press is going to boomerang in the end.. People have seen the true colours of those who wanted to ‘preserve and protect’ and their performance report is a big zero even on sujects where there are no court cases.
    Incidentally, this current topic would have never seen light of the day had the accused not issued a so called ‘clarification’ assuming the readers to be ignoramuses of law of the land.

  • Phiroze

    A bail bond is encashed or forefeited if the accused fails to appear before the court on the date.

  • Homeedalal

     I request you all to be present on next date of hearing on 21st July

  • Rashna.

    Readership of Parsee print media has restricted readership within the community whereas  Internet has larger viewership. So if the Parsee press gave room to those who have genuine differences, no one would vent their views on the internet but the Parsee press in in the clutches of vested interest who like to read praises heaped on them rather than accept realities.On  reading writings on the wall  such sham protectors and preservers just falsely   label the realists/dissidents as  ‘convertists/reformists’ etc and the end result is scathing criticism of dhongees like WAPIZ on the net. 

  • Rashna.

    Readership of Parsee print media has restricted readership within the community whereas  Internet has larger viewership. So if the Parsee press gave room to those who have genuine differences, no one would vent their views on the internet but the Parsee press in in the clutches of vested interest who like to read praises heaped on them rather than accept realities.On  reading writings on the wall  such sham protectors and preservers just falsely   label the realists/dissidents as  ‘convertists/reformists’ etc and the end result is scathing criticism of dhongees like WAPIZ on the net. 

  • BEHROZE

    There was no dirty line being washed before the creation of power hungry WAPIZ was created. Search your conscience.

  • BEHROZE

    There was no dirty line being washed before the creation of power hungry WAPIZ was created. Search your conscience.

  • BEHROZE

    There was no dirty line being washed before the creation of power hungry WAPIZ was created. Search your conscience.

  • Dara

    Not  “arzan khambatta” 

    It is Areez Khambatta of Rasna fame

  • Dara

    Not  “arzan khambatta” 

    It is Areez Khambatta of Rasna fame

  • Contradhongi

    As the saying goes, you reap what you sow. The adage that those who live in a house of glass should not pelt stones at others remains relevant for all times.

  • Contradhongi

    As the saying goes, you reap what you sow. The adage that those who live in a house of glass should not pelt stones at others remains relevant for all times.

  • Phiroze

    My conscience is clear. Things on the internet predate WAPIZ.

  • Phiroze

    My conscience is clear. Things on the internet predate WAPIZ.

  • Phiroze

    Parsiana has been in existance since before internet became popular and it gave ample room to those with differences so what you say is just an excuse.

  • Phiroze

    Parsiana has been in existance since before internet became popular and it gave ample room to those with differences so what you say is just an excuse.

  • Phiroze

    Clarifications are needed only for the ignoramuses.

  • Phiroze

    Clarifications are needed only for the ignoramuses.

  • Byram Sidhwa

    Oh. So the clarification which caused embarrassment to the person who clarified was meant for you, Phiroze. Thanks for clarifying!

  • Byram Sidhwa

    Oh. So the clarification which caused embarrassment to the person who clarified was meant for you, Phiroze. Thanks for clarifying!

  • rashna

    Good one. Byram.

  • rashna

    Good one. Byram.

  • rashna

    Good one. Byram.