Posted on 25/10/2022
Updated on 15/02/2023
On 24/10/2022, a complaint (Diary No. 17826/IN/2022; Reg. No. 5399/90/0/2022) was filed before the National Human Rights Commission (NHRC), India, by pointing out the curtailment or gross violation of business-related human rights (as guaranteed by the United Nations Guiding Principles under the purview of international law) in the context of the DHFL scam. The complaint provided a brief summary of the DHFL scam along with a prayer for reinstating or restoring the basic financial rights of the small depositors, viz., the FD and NCD Holders. The complaint has been addressed to the Hon’ble Chief Justice of India, Supreme Court of India, for necessary action.
(Though we know that the appeal, on behalf of all the FD & NCD holders, will soon be disposed of by the NHRC; even so, it will make it easier for us to approach the OHCHR.)
A copy of the complaint (in PDF) is provided as follows:
The relief sought on behalf of all the FD and NCD Holders of DHFL is given as follows:
I wish to claim my business related human rights guaranteed by the UN Guiding Principles on Business and Human Rights, the Access to remedy for victims of business related abuses, in the context of financial abuse committed by RBI appointed DHFL CoC. NCLAT declared CoC as contrary to law on 27.01.22, but the SC stayed the order on 11.04.22. I demand the repayment of my principal amount with interest along with compensation for infringing human rights of all the victims.
A supporting document was also attached therewith:
Further updates on the complaint filed shall be provided accordingly.
Update:
Quite soon enough, the reply to our complaint came from the Law Division of the NHRC. The reply (in PDF) is being attached below:
Alas! As expected, our case was closed almost immediately!
How can we keep any faith in any of the existing organs of the so-called “world’s largest democracy”?
“The answer my friend, is blowing in the wind…”
Dissatisfied and disgusted with the reply, we sent a mail to the concerned authority by also forwarding it to the Office of the United Nations High Commissioner for Human Rights (OHCHR). Given below is the full text of our mail:
TO
H K Sharma,
SECTION OFFICER,
SB-5 Section,NATIONAL HUMAN RIGHTS COMMISSION (LAW DIVISION)
Sub: Human rights compromised with regard to Case No. 5399/90/0/2022
Dear Mr. Sharma,
We are not at all surprised to view your answer to our complaint
on financial abuse⤡ as we already anticipated that our plea would not be entertained, though it is closely related to the United Nations Guiding Principles on Business and Human Rights, viz., the Access to remedy for victims of business-related abuses. Furthermore, we have also understood that all the fundamental human rights, the freedom of the press etc., are utterly compromised in the “party free” Indian democracy, as reported by various international human rights organizations:
- India Is No Longer a Democracy but an ‘Electoral Autocracy’: Swedish Institute ⤡ (As reported on 11th March 2021, © The Wire)
- “Democracy under Siege” VIEW HERE ⤡ (©Freedom House)
- India is now only ‘partly free’ under Modi, says report ⤡ (As reported on 3rd March, 2021 © BBC News)
Kindly remember the dictum “International Law is the vanishing point of jurisprudence”. It is also to be noted that NCLT First order and NCLAT Second order have already revealed the illegitimacy of the RBI-appointed CoC for DHFL. We are forwarding this letter along with the case history to the Office of the United Nations High Commissioner for Human Rights (OHCH
R). It is a matter of regret that as a citizen of India, we are demolishing the image of our own country!
To conclude: we are losing our faith in the Indian judiciary.
Do you have faith in the Contemporary Indian Judiciary? VIEW HERE ⤡
Yours Sincerely,
Dr. Debaprasad Bandyopadhyay
COPY TO:
1. The Office of the United Nations High Commissioner for Human Rights (OHCHR)
P.S: The overall scenario of the incident of infringing business-related human rights:
FURTHER UPDATE:
Today (01/11/2022), we have received the following mail from NHRC (after we forwarded the previous mail to the OHCHR), which enlisted our counter-complaint:
Update (15/02/2023):
The above counter-complaint, after being diarized, was also dismissed on the grounds of:
“On perusal of the complaints listed above, it is seen that the issue raised related to a substantially civil dispute, such as property rights, contractual obligations and the like, hence not entertainable by the Commission as per the Regulation 9(vii) of the National Human Rights Commission (Procedure) Regulations as amended in 1997”.
“9. Complaints not ordinarily entertainable:
The Commission may dismiss in limini complaints of the following nature:
(vii) the issue raised relates to civil dispute, such as property rights, contractual obligations and the like;”
Therefore, the complaints are filed and the cases are closed.”
We are not surprised to see their ignorance in identifying the human rights’ violation of the DHFL Victims in the case of the DHFL scam.
The current NHRC Chairman, Mr. Arun Kumar Mishra, being a close associate of India’s PM Narendra Modi and India’s Home Minister Amit Shah, cannot obviously provide proper justice to the common and ailing citizens of India.
Controversial Judge Who Praised Modi Will Head National Human Rights Commission Now VIEW HERE ⤡ (As reported on 1st June, 2021 ©The Wire)
The reply given by NHRC is given as follows:
Reblogged this on Akhar Bandyopadhyay and commented:
#Seize_Cronies_Fairplay_for_DHFL_Victims #Boycott_Piramal #Stop_Piramal_From_Acquiring_DHFL
Please 🙏 Save us from Death Mr. Sharma of NHRC.
Reblogged this on debaprasad and commented:
#Seize_Cronies_Fairplay_for_DHFL_Victims #Boycott_Piramal #Stop_Piramal_From_Acquiring_DHFL
Reblogged this on DHFL Scam and commented:
#Seize_Cronies_Fairplay_for_DHFL_Victims #Boycott_Piramal #Stop_Piramal_From_Acquiring_DHFL
Extremely Justified Complaint Human Rights Abuse of an 80 year old Lady Senior Citizen by blocking her Lifetime Savings Amount
Honorable Prime Minister Shree Narendra Modi Ji please 🙏 take cognisance of the same Sirji Please 🙏
Why are you begging for your mother’s hard-earned money? Everyone has right to live with dignity. And begging to whom? A pathological liar? A fashion model in the guise of self-proclaimed fakir, who conspicuously consume taxpayers’ money for ostentatiously display his attires?An executive who is attending Hindu shrines without bothering about Article 51 H?
After viwing his exploitive deeds, I cannot but help to reiterate a famous dialogue from Chaplin’s classic movie, “Modern Times”. A bunch of poor, when entered into a departmental store with a motive of stealing, told the tramp, “We are not burglars, but we are hungry.” When I have seen this writing, inscribed on the celluloid, I was trying to call up the position of India in the world hunger index. Who is responsible for increasing number of persons with legal conflict? None but the super-rich business tycoons.
Reblogged this on Partyless Society and commented:
#Seize_Cronies_Fairplay_for_DHFL_Victims #Boycott_Piramal #Stop_Piramal_From_Acquiring_DHFL
Indeed it is right step taken by you to approach concerned international authorities. India is facing same period of emergency as during Indira Gandhi’s rule. The multimillionaire ‘fakir’ dictator (who acts as deaf & dumb in our burning problem) has closed all doors for us in India which can help & support us. International intervention may be the only solution for recovery of our hard-earned money swallowed by fakir & his 420 partners.
Indeed it is right step taken by you to approach concerned international authorities. India is facing same period of emergency as during Indira Gandhi’s rule. The multimillionaire ‘fakir’ dictator (who acts as deaf & dumb in our burning problem) has closed all doors for us in India which can help & support us. International intervention may be the only solution for recovery of our hard-earned money swallowed by fakir & his “420” partners.