KALINAYAK DEMON OF OUR TIMES
Scams and scandals involving public servants and media tycoons may sometimes sound distant, but they need not be so.
PUBLISHER UP Kali Kalinaya nayak k Publicat Publications ions Agra
Title
KALINAYAK
Price
Rs.100
Publisher
UP Kalinayak Kalinayak Publications Publications 39/F/215,Sky Tower, Sanjay Palace,Agra.
Phone
0562-2520486
email
[email protected]
Authors* *Translation and edited from Hindi book KALINAYAK by MPKMPI. MPKMPI.
FREE CD A free CD is being being gifted gifted with this this book. It contains different relevant documents. These are the proofs of facts stated in different chapters. By seeing this you can be a witness to the different evidences of Kalinayak’s misdeeds. We inspired to publish this english version from the original Hindi book of kalinayak written by Sanjeev Jain and Dharmendra Sharma published from Rajsthan Kalinayak Prakashan, Bikaner,Rajasthan. Bikaner,Rajasthan. Hindi book is available on website:www.rajasthankalinayak.net .
Publisher
TRAGEDY OF A VISIONARY FATHER Dwarka Prasad Agrawal founded Dainik Bhaskar and built up its circulation which soared over a period of time. time. But misfort misfortune une struck struck the founder through his son, Ramesh who became cunning and put the publishing house through endless litigation.
KALINAYAK 3
In the annals of Hindi journalism, Dwarka Prasad Agrawal is such a name that will be remembered in many ways for millennia to come. As a newborn, he opened his eyes in the midst of poverty and spent his childhood knowing nothing but scarcity and destitution. Dwarka never got the environment efficacious for education. Circumstances compelled him to carry sugar packs on his young shoulders to eke out a living. Be it a big job or an odd job, he never hesitated to carry it out. A sharp mind, desire to move ahead and rise sky-high always kept the fire within him burning. Countering the downs of life, he carved the road for himself and with his two siblings in tow, Dwarka reached that destination where a new epic was to be written. He laid the foundation of such a newspaper which gave a new meaning to Hindi journalism. Yes, Yes, we're talking talking about Dainik Bhaskar , the fastest-growing Hindi daily. daily. Dwarka would have never thought of a situation where the sketch that he drew on the huge canvass of mass communication would grow into a monster to devour him in future. The son in whom he used to see his successor turned into a villain of the piece. With the launch of the newspaper, his family was gradually getting out of the clutches poverty and, being the sensible head of the family that Dwarka
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was, he galvanised all his energies to ensuring that his family kept pace with the growth of his organisation and reap rich dividends. So, taking his son Ramesh and brothers Bishambar and Mahesh Prasad along, he prepared a partnership deed which could not be altered, nor anyone could sell his right to anybody. Only the successors of the partners could be part of the new firm that was rechristened Dwarka Prasad Agrawal and Brothers. As per the deed, Dwarka Prasad Agrawal and Brothers was made the sole owner of the title ‘Dainik Bhaskar’. However, However, when the joint efforts of the four partners started bearing fruit, and the newspaper grew by leaps and bounds, Dwarka's son Ramesh started nurturing evil thoughts in his mind and dreamed of usurping the entire ownership of the company. To realise his sinister goals, Ramesh, his sons Sudhir, Girish and Pawan, and their associates hatched a conspiracy against Bishambar and Mahesh who owned 30 per cent share each in Dwarka Prasad Agrawal and Brothers. What is worse, the drive of greed in Ramesh was so intense that he h e did not even spare his father. Once Dwarka smelt rat, he was alerted. But the old patriarch did not realise that it was already too late. Oblivious of the level to which his son had stooped, what was on top of Dwarka's mind was to secure the future of his daughters - Hemlata and Anuradha who were born to his second wife. The next thing Dwarka did was that he declared his daughters as his successor and ousted Ramesh from his movable and immovable properties. But at this point, Dwarka got the shock of his life to learn that the firm that he KALINAYAK 5
was bequeathing to his daughters had long back become the property of Ramesh on the basis of forged documents. With no other option left, Dwarka filed an FIR with the police and told them that his son Ramesh was a 420 and that he had forged his signature to usurp Dainik Bhaskar. He also moved court where, in front of the judge, he gave a statement saying his own son had used money and muscle power to oust him from his hard-earned property, and that at his old age he and his daughters were running from pillar to post in search of justice. From police to collector and district court to high court, an old, paralytic father kept knocking at every door for justice and a son, who had by then become a media magnet, kept laughing at the old man’s foolishness. And the father of Dainik Bhaskar gradually sank into oblivion. Though old age and the disappointment resulting from not getting justice had taken the better of Dwarka’s health, the resolute man that he was, he had faith in the country's legal system and he strongly believed that he would have the last laugh through the highest court because truth was with him. His faith in the Supreme Court was reinforced by the fact that since the fourth estate of democracy, democracy, i.e. media, was standing against him along with his opponent, no platform other than the apex court could redress his grievance. Even then, he was feeling helpless as, like him, the rule of law was standing as a mute spectator and the intricate processes of the executive and the judiciary were forcing him to spend sleepless nights.
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He could see everyone, from peons to officers changing colours like a chameleon. Genuine documents that used to narrate his woes in no way carried the same weight as the money power of his son. He could see original documents disappearing from government files and forged ones taking their place. Gradually, the evidence of truth was getting buried. The worst came to light when Dwarka found out that the Registrar of Newspapers of India (RNI) did not have any document relating to Dwarka Prasad and Brothers being the title owner of Dainik Bhaskar. Instead, the title of the paper had gone to a company called Writers and Publishers owned by his son Ramesh. RNI had, in fact, transferred the ownership of Dainik Bhaskar from Dwarka Prasad and Brothers to Writers and Publishers on the basis of forged documents and in violation of all existing rules and regulations. Even those forged documents on the basis of which the ownership was transferred were missing from the office of the RNI. When asked for relevant papers relating to the newspaper, the RNI officials concerned simply refused to oblige, because apparently they were working at the behest of Ramesh. Recently, Mahesh Agrawal sought information under RTI regarding the transfer of Dainik Bhaskar's ownership and the RNI in response said that the relevant papers were missing from its office. However, However, even after a complaint was lodged with the press registrar, nothing was done in this regard Probably, it is the shock that Dwarka got from the KALINAYAK 7
RNI that proved fatal for him. Disappointed by a noncooperative and biased RNI, Dwarka moved the Supreme Court and before a verdict could come from the court, mother nature delivered its blow. blow. The eyes that dreamed of a golden future for the newspaper and the family shut themselves to the world with the monstrous picture of a treacherous son. Soon after the passing away of Dwarka, misfortune fell with all its ferocity on his second wife Kishori Devi and her two daughters. Despite having truth on their side, they remain helpless. On the other hand, Ramesh thought he has won even before the battle was joined. At this stage, he thought, no one was there to stand against him, let alone fighting the legal battle. However, in the face of such adversity, Hemlata never lost her nerve. The golden words of her illustrious father kept ringing in her ears : "Dear, never lose heart. Justice is still alive. Trust me, the final verdict will go in our favour." Hemlata then mustered all her courage and pursued the case in the Supreme Court on behalf of her late father. In April 2003, history took an interesting turn when the apex court delivered its verdict bringing to life the late Dwarka Prasad. In its verdict, the highest court of the land ruled that the real owners of the title Dainik Bhaskar were none other than the firm Dwarka Prasad Agrawal and Brothers. This verdict shook the very foundation of this fourth pillar of democracy. Now Ramesh Agrawal could feel the empire that he created with the help of forged documents slipping out of his hand. After this ruling, even the RNI issued a letter to the district collectors
8 KALINAYAK
of all Bhaskar editions acknowledging that the owners of Dainik Bhaskar were Dwarka Prasad Agrawa Agrawall and and Brot Brothers hers and not Write Writers rs and Publishers. It also requested them to take necessary action. However, the happiness that came to Hemlata's house through this judgement was shortlived. Again Ramesh's money power gave the whole issue a new turn. He apparently greased the palms of the powers- that -be and made the RNI issue shortly thereafter a second letter. In this letter, the RNI interpreted the Supreme Court ruling in such a way that it gave Ramesh's “Writers and Publishers” locus standi. While withdrawing the first letter that it issued to the district collectors, the second letter said in the RNI records there were five owners of the newspaper, including Writers and Publishers. To justify its action, the RNI said said that the apex court had directed it to restore pre-1992 ownership of Bhaskar. Now the question is, doesn't the RNI know that as per the PRB Act, a single language newspaper with a single title and with circulation in a particular region has to have a single owner? If the RNI has to follow the PRB Act, then by no stretch of imagination Bhaskar can have five owners. The aggrieved party has been raising this issue with every press registrar who has graced that chair at the RNI. But the outcome so far has been only assurances that the matter would be looked into. This is the power of money and muscle that only a person like Ramesh Agrawal can wield. If today a CBI probe is ordered, then not only many other misdeeds of Ramesh Agrawal and sons KALINAYAK 9
will come to light, but also several bureaucrats and top RNI officials will find themselves not in their jobs. After reading this summary of the book Kalinayak, you may feel suffocated at the way our administration works, or may go a step further and sympathise with the aggrieved party, or may even think of revolting against the injustices being committed in broad daylight. If you are sensible enough, you will empathise with the victims of such blatant violation of law. law. But then, you too may forget it thinking when the courts couldn't do anything, what can we do. Today we need a change in this mentality of ours. Because when the voice of the people persecuted by the system reaches the court of the public, court verdicts do change and the culprits do get what they deserve. There are many instances of high profile cases where the rich and powerful initially manipulated the system and got away with committing heinous crimes, but later when those cases attracted public attention and consequently angry reaction, those cases were reopened and the guilty got their just dessets. It's not the tragic story of such innocent Dwarka Prasad Agrawal’s. It's the story of hundreds of innocent Dwarka Prasads at different levels - from slum-dwellers to professionals. Each one of them has been a victim of Ramesh Aggarwal's greed some way or the other. The book that is right now in your hands appeals to you to come forward and help ensure justice to the innocent victims of such treacherous people. After reading the book, you may realise that in some way you too are a part of this episode. You You too
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may get the encouragement from within to contribute your bit in order to eliminate these kinds of injustices meted out to millions by a few. If you are in the government and are in the know of the missing documents from the RNI office and elsewhere, related to some other similar case, you may kindly contact us. If you are part of any social organisation, you may consider a public interest litigation. Or if you are a part of our legal system and feel that in this case your system has actually let Dwarka down, you may work towards ensuring that the 2003 apex court judgement in this case is properly implemented. You may be from another walk of life, but remember, you have tremendous power in you to really make a difference to this cruel world and an d make it a better place to live in.
KALINAYAK 11
.
CONTENT
Sl.No.
Topic
Page No.
1.
Prologue
13
2
Chapter 1-
Birth of Ramesh
15
4
Chapter 2-
Operation Bhopal
21
5.
Chapter 3-
Now it is Gwalior!
31
6.
Chapter 4-
And then Jabalpur
51
7.
Chapter 5-
Scam upon scam
61
8.
Chapter 6-
Now it is Jhansi
79
9.
Chapter 7-
Words do not match deeds
83
10.
Chapter 8-
Duping relatives
89
11.
Chapter 9-
“Sanskar”?
93
12.
Chap Chapte terr 1010- Bhar Bharat at the the new new pawn of Ram Ramesh esh 99
13.
Chapter 11- D B Mall land Scam
105
14.
Chapter 12- Income tax evasion
123
15.
Chapter 13- Blackmailer Ramesh
129
16.
Chapter 14- Friend of traitors
131
17.
Chapter 15- Insulting Awards
137
18.
.
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Epilogue
141
PROLOGUE This book narrates a series of crimes and scams of our times (Kalyug). (Kalyug). Kalinayak, in this context, must mean mean “demon of our times”. It is difficult to imagine that unparalleled crimes, or scams, can be perpetrated by a son on his own father, father’s second wife and her two daughters, besides his own uncles and their children. Ramesh, son of a newspaper magnet, D.P. Agrawal, who established the ever-expanding Dainik Bhaskar, nearly 60 years ago, does not seem to be over burdened by either moral values or filial obligations. His father was a victim of paralysis and ageing.Yet, Ramesh drags the old man to court battle after court battle, from the lower to higher courts and even the apex court. Now that the old man is dead, the surviving widow and her daughters are not only waiting waiting for justice, but find themselves helpless totally. This is the crime perpetrated by Ramesh is involved in a saga of manipulation hurting his step-mother, step-mother, Kishori Devi and her two daughters, Hemalata and Anuradha, as also his uncles and their sons who are made to run their establishments depending on his goodwill, and have become lease-holders of the original company being managed and manipulated by him. Further, Ramesh is also involved in scams at more than one place and hawala operations and even tax evasion, depriving the State and the Centre of crores of rupees. Yes, this is the story revolving round “Dainik Bhaskar”. Normally, a newspaper is expected to bring news to you, about you should there be such an occasion, alert you about successes and failures of Government, Centre Centre and the States, about our nation-building endeavors. And then KALINAYAK 13
comment freely, fairly and frankly. And yet, it is not expected to indulge in black-mail to further either the paper’s interests of circulation or the owner’s personal interests.It is not for nothing that the media is known as the fourth fourth pillar of a democracy like ours, which has universal adult franchise, though a large majority of its population is barely literate, and with a diversity covering language, culture and traditions which, simply put, “is the embodiment of unity in diversity”. It is a plural society ,at large, as a free and independent country, barely 60 years old as a Republic. It is in such a milieu that Ramesh has committed his scams and crimes, crimes, with the help of bureaucracy at several levels, both at the State State and the Centre, buying the concerned Ramesh resorted to many shortcuts to ensure that he attains success and charted a course of deception, while making an ass of the relevant laws. Thus, Ramesh first deceived his father, then his sister, later his uncles and finally the society and the country. country. A person who is not loyal to his father won’t be loyal to anyone. This is why the undersigned had to pick up the pen. The power of the pen will not be used to tarnish the image of someone but it has been picked up to reveal the truth, rectify the “doubts of history”, an alert common people about the cunning nature of Ramesh. The writer is aware of the tricks of politics of politicians, the moments moments of compromis compromises es and ‘quid-pro-qu ‘quid-pro-quo’ o’ all of which will be exposed when the matter reaches the court of the people. Once the evil deeds start getting exposed, they stand annihilated. A naked truth full of deception and duplicity is brought to you in the succeeding pages. . AUTHORS
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CHAPTER I
BIRTH OF RAMESH In our Hindu Hindu families families birth of of the first first child, more so, a son, is time for celebration. celebration. That need not always be the case, as this chapter reveals. A son may prove a curse to the family.
KALINAYAK 15
Ramesh Agrawal was born in November,1944 at 5 am in Jhansi, Uttar Uttar Pradesh to Dwarka Prasad Agrawal and his wife Mrs. Kasturi Devi. His grandfather Keshav Dev Agrawal had three sons, Dwaraka Prasad, Vishambhar Dayal and Mahesh Prasad. Dwarka married twice. From his first wife Kasturi Devi,he had three children, namely Ramesh, Meena and Neelam. From his second wife Kishori Devi, he had two children, namely Hemalata and Anuradha. Ramesh married Sharada Devi and had three sons – Sudhir, Girish and Pawan.Vishambhar Dayal had five sons viz. Manmohan, Ajay, Kailash, Prakash and Rakesh. Mahesh Agrawal had only one son named Sanjay Agrawal. From his childhood to early teens, Ramesh grew up in the lap of his step-mother Kishori Devi, besides mother Kasturi Devi, and played with Hemalata and Anuradha. . In early 60's Dwaraka Prasad shifted from Jhansi to Bhopal with his family. In Bhopal, he started “Dainik Bhaskar” with his brothers Vishamber Dayal and Mahesh Prasad and was registered with RNI showing DP Agrawal as the owner. owner. The initial days were quite a struggle. Further we will see how this poor family transformed itself into a rich family? On growing up, Ramesh began working with his father. At that time ‘Dainik ‘Dainik Bhaskar’ Bhaskar’ was being being published published from Bhopal Bhopal,, Jhansi, Gwalior and Ujjain.
16 KALINAYAK
FOUR OWNERS OF ‘DAINIK BHASKAR’ For keeping intact the unity of joint family Dwarka Prasad liberally converted the business into a partnership firm on April 10, 1972. The name of the partnership firm in this partnership deed was kept -Messers Dwarka Prasad Agrawal and Brothers. A firm earns name by its business. This is what is called 'goodwill' which is an intangible asset of a firm. Through the partnership deed the ownership rights of ‘Dainik Bhaskar’, Title were handed over to this firm. In this way, while earlier Dwarka Prasad was the sole proprietor of ‘Dainik Bhaskar’, now there were 4 owners of the paper. Once the name of Dwarka Prasad was registered as the ow owner ner of ‘Dain ‘Dainik ik Bhaska Bhaskar’ r’ in the record records s of Registrar, Newspaper of India, it was impossible for anyone to lay claims to his right. But It was the greatness and large heartedness of Dwarka Prasad that the paper that he had built up with his sweat and tears and had taken to new heights of success was distributed by him to his brothers so that the share of his brothers was bigger than his own. This was the heart of an elder brother. It was decided that the business should be carried on in the name of M/s Dwarka Prasad Agrawal and Brothers. The head office would be Jhansi and its branches would be opened in Bhopal, Gwalior and Ujjain. The partners of the firm were free to open branches at other places. A very important condition in the partnership deed of April 10, 1972 was that no partner of the firm could ask for dissolution of the firm. If a partner wanted to retire from the firm, he could do so by taking his share of the profits. But he was not entitled to any share in the KALINAYAK 17
goodwill of t he firm. Another condition of the firm was that it would continue to run through its successors and would never be dissolved
THE DIVISION OF SHARE In this firm Dwarka Prasad’s share was 25%, his son Ramesh’s share was 15%, brother Vishambhar’s and Mahesh’s share was 30% each. We saw that the division of ownership rights of ‘Dainik ‘Dainik Bhaskar’ yielded yielded only a small portion of 15% to Ramesh. We will soon see how Ramesh manipulated 15% into 100% and usurped the whole of ‘BHASKAR’. After the execution of the Partnership deed of 1972, in the records of Registrar of Newspapers of India, the name of the firm Dwarka Prasad Agrawal and Brothers was registered in place of Dwarka Prasad Agrawal. With this this change the goodwill goodwill of ‘Dainik ‘Dainik Bhaskar’ Bhaskar’ was merged into the partnership firm.With the establishment of the partnership firm the business of Bhaskar began to flourish and prosper as never before. GWALIOR’S COMPANY. To facilitate the publication work of Gwalior edition of ‘Dainik ‘Dainik Bhaskar’ in 1977, a Company named named “Bhaskar Publications and Allied Industries” was formed. The partnership firm gave the title of Dainik Bhaskar on lease to this company. In this company Dwarka Prasad Agrawal was made the Managing Director and in the Articles of Association of the company it was written that Dwarka Prasad Agrawal would be the Chairman of the Board of Directors of the company. Everything was fine and there was peace all around. This was the time for which Ramesh Chandra Agrawal was eagerly waiting waiting to fulfil his evil plans. The
18 KALINAYAK
prosperous and well-off Agrawal family had not even thought in their wildest dreams that the son of the family is going to burn and destroy the relations within the family. Dwarka Prasad was growing old. His age did not allow him to work work hard. In 1982, when Ramesh was 38 years old, Dwarka Prasad suffered a paralytic stroke. After this attack Dwarka Prasad handed over the work and responsibility of Bhopal, Jhansi, Indore and Jabalpur to his son and two brothers and restricted himself to Gwalior only. only. By now Dwarka had lost faith in Ramesh and he was exploring potential in his daughter Hemlata. In 1984 he admitted Hemlata as a permanent Director in the Board of Directors of the Gwalior’s Company. Company.
HUMANS DEATH, DEMON’S BIRTH On seeing that his father was getting weaker and weaker because of illness, Ramesh’s suppressed desire of taking over the business empire completely, completely, took wings. He openly began working to this end and started making his moves boldly. The old times were gone.‘Mahabharata’ started in the family. family. The domestic disputes reached the courts. courts. All this happened because of the efforts efforts of Ramesh to take over over ‘Bhaskar’ ‘Bhaskar’ all for himself. himself. As a father, Dwarka Prasad toiled hard to mend the ways of Ramesh but to no avail.He had, in fact become the “ Dog’s tail” which could never be straightened. Ramesh was the only male heir among the 5 children of Dwarka Prasad. To realize his hidden plans, first of all, he threw away his father Dwarka Prasad, step mother mother Kishori Devi, sisters Hemlata and Anuradha, then uncle Vishambhar KALINAYAK19
Agrawal and his sons, then uncle Mahesh Prasad Agrawal and his son Sanjay agrawal like flies out of milk. He first merged the 25% share of Dwarka Prasad with his 15% and his share share in ‘Dainik ‘Dainik Bhaskar’ Bhaskar’ rose to 40%.Then he sidelined M/s Dwarka Prasad and Brothers by joining secretly M/s Writers and Publishers Limited, Bhopal. This was a great shock to the partners which they could not understand. From here only the 30% share each of two two uncles became perfunctory perfunctory.. So the erstwhile rulers of the Bhaskar Empire were reduced to mere pawns.In this way, Ramesh became the sole owner of ‘Bhaskar’. The uncle uncle and his sons realizing the treachery of Ramesh started their efforts, but by that time Ramesh had tasted success in his evil designs. After great efforts and upheavals Vishambhar and Mahesh uncle got marginal share. Ramesh made it clear to his two uncles that they depended on his liberality to publish editions of Bhaskar from anywhere. And thus started the game of black deeds of Ramesh which is continuing till today. It is true that to scale the heights rapidly you have to bend the steps.To attain success Ramesh deceived the family, family, society and the nation. The family members, the common man and government, no one was spared by Ramesh. How did he do this? Let us see his secrets one by one in the succeeding chapters.
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CHAPTER 2
OPERATION BHOPAL Generally bureaucracy does not brazenly collude with white-collar criminals like Ramesh but here that belief belief stands stands shatte shattere red. d.
KALINAYAK 21
For usurping the property of ‘Dainik Bhaskar’ Bhopal, Ramesh prepared a fake Settlement Deed, besides he also prepared a fictitious Agreement of Sale on March 13, 1985. The fake deed declares Ramesh as the owner. In the fake agreement it was laid down that Dwarka Prasad had sold the title, rights and goodwill of ‘Dainik Bhaskar’ Bhaskar’ publications publications,, Bhopal Bhopal to Ramesh Ramesh’s ’s Comp Company any M/s Writers and Publishers for Rs. 5 lakhs. The irony is that Dwaraka Prasad was not a party to this and he had not signed it either. And further, this fraudulent deed was neither registered nor shown to Dwaraka Prasad or his brothers who were also in the dark about this. Nor was this registered. Yet Yet the RNI transferred the title of the paper to “Writers and Publishers” The agreement also provided that that the land of 4764 square feet situated on plot Number 6, Press Complex, Maharana Pratap Nagar, Bhopal, was also sold to Ramesh’s Company by M/s Dwarka Prasad Agrawal and Brothers.It should be kept in mind that M/s Writers and publishers is owned by Ramesh Chandra Agrawal.The agreement shows that in the capacity of Managing Director of the said company Ramesh had executed that agreement. In fact, the whole agreement was fraudulent, and the whole scheme was was a strategy to swallow ‘Dainik Bhaskar’ Strange to believe, Ramesh’s “agreement” was
22 KALINAYAK
merely an “agreement” and not the “sale-deed.” There is a great difference between a “sale-deed” and an “agreement.” The agreement also contained a clause that balance amount would be paid after the registration, but that had not happened.
THE OWNER WITHOUT REGISTRATION. Dwarka Prasad never did any registration in Ramesh’s favour on the basis of the above agreement. The said agreement did not bear the signatures of all the four partners. If it is assumed for a moment that Dwarka had signed the agreement, but the other partners had not authorized Dwarka Prasad to sign the aforesaid agreement on their their behalf. But: Ramesh colluding with government and administration got the land and by teaming up with Registrar Registrar of Newspapers, India, got the title of ‘Dainik Bhaskar, Bhaskar, Bhopal’ transferred in favour of his Company ‘Writers and Publishers’. It should be found out from Ramesh how without registration, ownership rights can be procured? This skill is a rare commodity. In this way Ramesh fully exploited the illegal – fake agreement. Dealing in deception Ramesh not only prepared the fake agreement but also deposited Rs.1 lakh himself, and later on he withdraw the same amount.Thus, he never paid anything for this sale. This agreement to sell was never registered and so Ramesh managed to save the fees that has to be paid as Stamp duty on every registration. It should be borne in mind that even if all the partners of M/s Dwarka Prasad Agrawal and Brothers wanted to execute such an agreement with Ramesh’s Company, KALINAYAK 23
they had no such power to do so as per law. The question that arises is if all the four partners of the firm willingly wanted to sell the ownership o wnership rights and title of Dainik Bhaskar, Bhaskar, Bhopal to Ramesh then why did they not do so legally?
WHY THEY DIDN DIDN’T ’T HAVE HAVE THE RIGHT RIGHT TO TO SELL? SELL? The reason being that as per the Press and Registration Act in one state there can not be two separate owners of one o ne newspaper. In this case, the resultant situation is — the ownership rights of Dainik Bhaskar, Bhopal, was in the name of Writers and Publishers Company, Company, and those of Dainik Bhaskar Gwalior and Indore were in the name of M/s Dwarka Prasad Agrawal and Brothers – such an agreement was void-ab-intio i.e. in the eyes of law this agreement was simply null and void. Ramesh realized this later that the agreement that he made was legally untenable and you will read further that how he redeemed and repaired his first scam with a second one. In 1985 Ramesh claimed on the basis of the fake Agreement that the title rights of Dainik Bhaskar, Bhopal has, been transferred to M/s Writers and Publishers Limited, and the ownership of this Company was with Ramesh Chandra Agrawal. This forged agreement culminated in a series series of similar fake agreements between his father and uncles on one hand, and between father and son, on the other.Now other.Now,, let us see how Dwarka Prasad reacted to Ramesh’s fraudulent behavior. COMPLAINT TO THE COLLECTOR. On December 14, 1987 Dwarka Prasad Agrawal
24 KALINAYAK
handed over a letter to Collector, Jabalpur in which he had exposed the cheating of Ramesh. This letter is being produced hereunder,verbatim :
Honorable District Magistrate, District Jabalpur Madhya Pradesh Subject:Regarding the letter presented by Shri Ramesh Agrawal of M/s D.P. Agrawal and Brothers,Jhansi about Dainik Bhaskar, Jabalpur. Sir, .I, Dwarka Prasad Agrawal, an owner and partner of registered firm Dwarka Agrawal and Brothers.The owner of Dainik Bhaskar paper is registered firm Dwarka Prasad Agrawal and Brothers. I have learned today only that my son Shri Ramesh Chandra Agrawal had moved an application before you against Vishambhar Dayal Agrawal about Dainik Bhaskar, Jabalpur and in that application he had enclosed a written letter about the sale of Dainik Bhaskar, Bhopal to M/s Writers and Publishers Pvt. Limited, Bhopal dated 16.2.87. I have not signed this letter.He has typed this letter in English and forged my signature on it before presenting it to you. He has prepared this letter so that he would be able to get a favorable decision from you.In this said letter he has wrongfully shown that letter of 16.2.87 was written by me in response to the letter number W.P/136/ dated 12.2.87 of M/s Writers and Publishers Private Limited, Bhopal. In fact, I have never received any letter from him so the question of answering doesn’t even arises.Even the letter does not clearly show that from where the said letter has been KALINAYAK 25
dispatched, because on the letter pad Jhansi’s address 31, Rani Mahal is written and Bhopal Office address is shown as Agrawal Bhavan, Sultania Road, Bhopal. I pray that on 16-2-87 (February) I was neither in Jhansi nor in Bhopal. Bhopal. Also I would like to clarify that the Agrawal Bhavan of Bhopal which was the office of Dainik Bhaskar, Bhopal had been vacated by the newspaper and it has been rented out to many tenants.So no question arises about writing a letter bearing that address. The letter contains incorrect detail or fact that on March 13, 1985 I had written an agreement for selling the title of Dainik Bhaskar, Bhopal to M/s Writers and Publishers Ltd, Bhopal, another wrong fact written in the letter is that from 1-4-85 the ownership rights of Dwarka Prasad Agrawal and Brothers has ceased and the business of printing paper has been stopped.This lie he has written to cheat you and get decision in his favour.The fact is also proved to be wrong by the declaration dated 16.10.87 presented by him in your office on 20-10-87 for publishing Dainik Bhaskar from Jabalpur with his signature.In this declaration letter in column number 10 he has shown himself as the partner of M/s D.P. Agrawal and Brothers, 31 Rani Mahal, Jhansi which is the owner of Dainik Bhaskar. Another wrong fact is that we have not authorized the publication publication of ‘Dainik Bhaskar’ Bhaskar’ from Jabalpur; Jabalpur; the truth is that we had given the permission to Bhaskar Publication Pvt. Ltd, Bhopal to publish the paper from Jabalpur. In the inauguration function held on 1-8-86 in Jabalpur in which Hon’ble Chief Minister had come, Shri Ramesh Chandra Agrawal and his son were present with me, besides Shri Mahesh Prasad Agrawal another partner was also present.From that time
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onwards ‘Dainik Bhaskar’, Jabalpur is continuously being published. This is a wrong presentation of the facts to close the publication of the paper from Jabalpur.He has filed case by forging my signature on forged letter.This comes under the category of crime, so for proper action please forward this case to Police. Date: 14-12-87 Applicant (Dwarka Prasad Agrawal) Partner Firm: Dwarka Prasad Agrawal & Brothers, Resident of 20, Lalit Puri Colony, Gwalior. DWARKA DWARKA PRASAD COMPLAINS TO THE CSP. CSP. On December 14, 1987 Dwarka Prasad sent a written complaint to City Superintendent of Police, Omti Region, Jabalpur which is as following: The City Superintendent of Police, Omti Region, Jabalpur (MP) Subject:.To register complaint about the letter presented by Shri Ramesh Agrawal (Bhopal) about the case of D.P. Agrawal and Brothers, Jhansi, Dainik Bhaskar, Jabalpur. Sir, This is to bring to your kind notice that the owner of Dainik Bhaskar Hindi daily is the firm M/s D.P. Agrawal and Brothers.I am one of the partners of this firm.My son Shri Ramesh Agrawal and my Brothers Shri Mahesh Agrawal and Shri Vishambhar Dayal Agrawal KALINAYAK 27
are its other partners. On 16.2.87 Shri Ramesh Agrawal presented a fake letter bearing my forged signature in the office of the District Collector, Jabalpur that I had sold the title and goodwill of Dainik Bhaskar to his firm Writer and Publishers Private Limited for Rs.5 lakhs. The truth is I have not written any such sale-deed or any agreement to such purport. He has forged this letter to cheat and get the ownership rights of the paper.This act of his is a crime and so please take necessary action.I have learned about the enclosed letter today itself and so I am filing a complaint today itself. 14.12.87 Applicant (Dwarka Prasad Agrawal) Partner Firm - Dwarka Prasad Agrawal and Brothers Resident of 20, Lalitpur Colony’Lashkar, GWALIOR WHERE IS THE ORIGINAL ORIGINAL SALE-DEED? SALE-DEED? Dwarka Prasad Agrawal had lodged a written complaint with the Collector, Jabalpur and the C.S.P. Jabalpur, on the basis of which the district Collector had asked Ramesh Chandra Agrawal to produce the original saledeed. But Ramesh Chandra Agrawal has not been able to present the original copy of the aforesaid fake saledeed till today. The fact is when no such sale-deed exists, so how it can be produced. FILE LOST … PAGE MISSING in RNI RECORDS On June 29, 2009 the uncle of Ramesh Chandra Agrawal – Mahesh Agrawal sent a letter to Central Information Commission.The letter said,"We were called for inspection of the files in the office of the RNI.
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On May 15, 2009 RNI showed us many files related to the title of Dainik Bhaskar but the file marked and directed in your order about the transfer of ownership title of Dainik Bhaskar was not shown to anyone of us. In this respect the RNI states that the concerned file is lost. They also showed us the concerned CR register from the records about the Dainik Bhaskar title, but even in that register the the page relevant to Bhaskar’s title record was missing. Once again on May 27, 2009 we wrote a letter to RNI requesting them to search for the file regarding the ownership title transfer of Dainik Bhaskar or otherwise give it in writing that the said file has been lost by them. We also requested them if they are not finding the file,they can ask for a certified copy of that file from M/s Writers and Publishers Ltd, Bhopal and then hand it over to us. But they have neither tried to search for that file nor have they given any written confession, nor are they prepared to demand the aforesaid deed from Writers and Publishers. We again request you to provide us the required original information about the Dainik Bhaskar title ownership transfer deed “which has been executed by M/s Dwarka Prasad Agrawal and Brothers in favour of Writers and Publishers Limited, Bhopal." In this way the law that punishes was itself murdered.
After this grave complaint also nobody cared to inspect anything about the scam. Ramesh has clearly proved that by teaming up with bureaucrats the rules can be made a plaything.The ineffectiveness of the law can be easily gauged from the fact that the illegal and forged agreement was put into implementation by the corrupt bureaucracy. KALINAYAK 29
After taking over the property of Bhopal-Indore illegally Ramesh began thinking about continuing his game of deception further. By now Ramesh had realized that on the basis of Bhopal’s forged and fake agreement he wouldn’t be able to win over Gwalior.On May 13, 1993 in his Registered Will in the office of Registrar, Gwalior Dwarka Prasad, declared Kishori Devi his wife as his only sole heir. But Ramesh had set his evil eyes on father’s property. He didn’t want to share the property with his sisters.Ramesh was very angry with his father because he had made Hemlata the Director of Gwalior firm ‘Bhaskar Publication and Allied Industry”. He was nursing animosity against his ailing father. So how did he execute the Gwalior scam to fulfill his evil desires? For this keep reading this Ramesh Saga.
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CHAPTER 3
NOW IT IS GWALIOR Gwalior is the historical town of Scindia Royal House and in the later part of the last last century century,, mother mother and son of the roya royall house fell out out because because of politics politics,, as we know. know. But here here son makes father a victim by robbing in business.
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Gwalior is the historical town of Scindia Royal House. Here the establishment of ‘Bhaskar Publication and Allied Industries’ was done by Dwarka Prasad. Before laying bare the acts of Ramesh it should be informed to all of you that in the above Company itself itself two rival groups of Dwarka Prasad’s family had emerged. The first group comprised of Dwarka Prasad, his wife Kishori Devi, his daughters Hemlata and his younger brother Vishambhar Dayal. The second Group consisted of Ramesh, Ramesh’s wife Sharda and Ramesh’s sycophant Devendra Tiwari. Now Ramesh was eying and vying for this company. Initially Ramesh and his Group were in minority. minority. They wielded less power. But vaulting ambition was brewing in his mind. Ramesh wanted to to dethrone his father father and become the owner of the firm. . His one point agenda was to become Gwalior edition’s owner.For owner.For this he needed majority in the firm’s Board of Directors. In the present situation he could not snatch away the share of his father, sister or uncle.This was a great problem for him, how to become Company’s owner? With which move could he tighten his grip on the Company. Company. .
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HOW TO BECOME THE OWNER ? In Gwalior, the Board was laid and this was Rameh’s first move...to win over the Gwalior Company. Ramesh increased the share capital in an arbitrary, wrongful and illegal manner.It was the 9th day of July 1987 when Ramesh in the meeting in which his father was absent increased the share capital of the Company from Rs. 10,000/- to Rs. 30,000/-. Ramesh issued shares without informing anyone. Ramesh did all these manipulations to make the Company his own. By virtue of those shares Ramesh’s faction got the majority and his father’s group came in minority. This was a smart move, wherein he was both the seller and the buyer. The extra shares that Ramesh claimed to have bought, was a white lie because for these shares Ramesh didn’t pay a single single paise. Nor did he deposit the increased share capital in the company immediately.This is how he had harvested the crop of corruption in Gwalior. Till December 9, 1987 Dwarka Prasad was the lifetime Managing Director and permanent Chairman of General Body Meeting. In the Articles of Association of the Company it was declared that Dwarka Prasad was the life-time Managing Director and he could never be removed from his post. HOW HE EXPELLED HIS FATHER FATHER ? Ramesh didn’t call any meeting of Board of Directors but he prepared fake documents of four such meetings. No notices of these four meetings were sent to his father, mother or sisters. In fact, no notices notices were sent so there was no question of their receiving – nor were any meetings held.Ramesh said that by being absent KALINAYAK33
continuously in three meetings they had violated the rules of the Company,and finally Ramesh on the basis of this clause of absence from 3 consecutive meetings removed his father Dwarka Prasad from the post of M.D. on August 3, 1987 and his sister Hemlata from the post of Joint Managing Director as she was absent at 4 consecutive meetings. meetings. On July 9, 1987 he kicked out his step mother Kishori Devi also. In this way the deception juggernaut of Ramesh trounced his father. It seems as if not attending the meeting became the biggest crime. This incident incident shows that blood relations are not at all important if you are overpowered by lust for power and money. money. After expelling his blood-relations as if they were his enemies, Ramesh planned to plant his confederates into the Company.He made his favourite Sudhir Agrawal Additional Director of the company. In the fake meeting supposed to have been held on July 9, 1987 Ramesh acquired the status of authorized signatory to put his signature on all Cheques, Bills, Promissory Notes, Demand Draft, etc. Simultaneously he also delegated this power to sign to his sons Sudhir and Girish.Since then Ramesh and his sons started signing all the important Papers. First Company then Chair then signature and than everything in possession. Dwarka Prasad alleged that Ramesh did not call any meeting of the Board of Directors or General Body meeting and had made a fake minute’s book. He also alleged that in such duplicate minutes book Ramesh had made fake inward entries, about the supposed meeting of Board of Directors plus non-held Annual General Meeting. Dwarka Prasad specifically said that the entries were made in the duplicate minutes book to
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wrongfully remove him, his wife Kishori Devi and his daughter Hemlata from their respective posts.This was done to establish and prove that they had not attended three meetings and by violating the rule of the Company Law their posts would be deemed to be vacant. This move made his father helpless.
ILLEGAL ILLEGAL MEETINGS MEETINGS As per the rules of the Company Law under the provision of Article 287 – such a Director who is a beneficiary, beneficiary, his suggestion should not be listened to nor does his presence be counted for purposes of quorum. The meeting in which the father and mother were deposed, only two Directors were present and among them Ramesh was a beneficiary Director whose presence cannot be counted for quorum.The Company had total 6 Directors and the Article 147 of Company Law stipulates that the presence of 2 Directors was essential and these these two shouldn’t be beneficiaries. beneficiaries. So Ramesh who was a beneficiary director and could not be counted for the sake of completing the quorum. So his attendance in the meeting could not be counted. Thus the presence of Ramesh couldn’t be counted and so all the acts and decision of such meeting amounted to being unconstitutional. DETHRONED FA FATHER BY FORCE. On a subtle analysis of Article 293 (9) and provisions of the Company Act, we notice that if a person deliberately absents himself from 3 consecutive meetings then only he would be treated as removed from his Directors post. But if a person is absent because of some illness or some other genuine excuse then his post cannot be deemed to be vacant. Dwarka Prasad was suffering KALINAYAK 35
from paralysis paralysis since 1981. Ramesh had claimed “His father’s age was 75. He had suffered a paralytic stroke. stroke. One of his legs had to be amputated because of gangrene. So even if we accept that that he was in receipt of the notices of the Board meetings, even then his absence from such meetings was pardonable. In such circumstances treating his post as vacant because his absence, was not justified. Ramesh was familiar with his father’s illness. Even then he managed to take away his father’s directorship. We can say father’s illness led to son’s welfareness. The interesting point is that that Ramesh did not take the trouble of issuing a show cause notice to Dwarka Prasad “why should you be not removed from your post because of your continued absence? This was against the principles of natural justice. This act of Ramesh can’t be digested under any circumstances. In the capacity of the Chairman of the Board of Directors Dwarka Prasad had the power to supervise business, exercise control over the company, and maintain company’s property and appoint employees under section 56 of the Companies Act. Ramesh cancelled Article 56(A) but the notice to this effect was given on April 18, 1988,whereas the amendment regarding the cancellation of this article is shown to have been affected on December 26, 1987. Here the question that arises is why this notice was not given in the scheduled time period? Has Ramesh got any answer? Ramesh had actually desired to kick him out of the Company. Company. This was identical to the Mughal Emperor Aurangzeb who had dethroned his father Shahjahan from the throne. Thus, all such nefarious and black deeds were similar to the power lusty diplomacy of the
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Mughal Sultanate. Ramesh could make his near one D.N. Khanna, his sons the Directors of the Company but not his father. The man who was the pioneer and sole owner of ‘Dainik Bhaskar’.Why? The higher posts posts were reserved only for the dear ones of Ramesh.
RAMESH ANNOUNCED HIS FATHER’S EXIT . Very happily Ramesh declared that his father was no longer in the post of M.D. He sent this notice to the Registrar of Companies also, and got his name struck off from the record of Registrar. This is how he struck his father with the reward of duplicity . To root out the prospects of his father and his mother and sisters return to the Company, Ramesh passed an amendment in the Articles of Association of the Company that such persons who are above 65 years in age, or ill or are females cannot act as Directors in the Company. Dwarka Prasad was not only the founder of ‘Dainik Bhaskar’ Bhaskar’ but he was all all in all, and he was thrown thrown out like a fly from milk by his own son. Ramesh Chandra Agrawal beat his father ruthlessly and insulted him. him. So the father who had given birth to son became a thorn in his side. Dwarka was suffering on two fronts. one at a t the hands of his rascal son and two due to growing age. Ramesh was not giving any chance to Dwarka and his group to make any moves to counter his attack. Dwarka was suffering suffering from great stress because of his son and his sickness. In the end Ramesh dragged his father to the Court. You should not be surprised at this legal battle between the son and the father because in these circumstances the old-ailing father had no option left KALINAYAK 37
but to knock at the court’s door.
THE BATTLE OF THE FATHER AND THE SON The main bone of contention was the publication of ‘Dainik Bhaskar,’ Bhaskar,’ Gwalior. This fight started from from the police station and reached first the civil and criminal court, from then on to,Press and Registration Appellate Board to High Court and finally the Supreme Court. Deeply oppressed by Ramesh, Dwarka Prasad filed a report in police station stating that Ramesh was trying to remove him from his own property by force. He wanted to snatch his property. The sister Hemlata Agrawal also lodged a report against Ramesh Chandra Agrawal and Vishnu Kumar Garg. In response Ramesh also lodged a complaint alleging that on April 17, 1988, V.S. Desai had come with 15-20 anti-social guys to the Press and had tried to open the door. do or. After having filed F.I.R. in the police station the second confrontation took place when in this fight the bureaucrats bureau crats also joined the fray. After his F.I.R. F.I.R. Dwarka Prasad got another chance and this was Dwarka’s second move. Dwarka Prasad applied to the District Magistrate Gwalior complaining that Ramesh had illegally posses possessed sed ‘Daini ‘Dainik k Bhask Bhaskar’ ar’ Gwalio Gwaliorr and was circulating misleading information.Dwarka’s application had the desired effect. SEALING OF BHASKAR BUILDING AND PRESS When the police had come into the picture then the Collector who is also the executive magistrate took cognizance on the filed complaint and issued orders on April 18, 1988 for attachment and sealing of the
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Bhaskar building and the Press. On the orders of the District Magistrate, Gwalior, on the night of April 18, 1988 the Press building was attached and sealed. The District Magistrate, Gwalior wrote in his order that "Ramesh and Dwarka Prasad the son and the father along with their supporters were not ready to budge from the Bhaskar Bhavan’s Inderganj premises. This might result in a serious uprising which may result into endangering of peace and public life and property. So till the time the claim of the rival groups on property is not decided, I attach the debatable Bhaskar Building and the Press in public interest. I also appoint Town Inspector, Police Station, Inderganj as the receiver of the said property for its proper supervision and caretaking." Had Dwarka been alert from the very beginning he wouldn’t have suffered so much tension. Anyway it seemed that Dwarka was finally having a better environment. In the moves-counter moves moves each party gets chances, now was the right time for Dwarka Prasad Agrawal to attack attack - After this event Dwarka made his third impressive move.
FILING OF FIRST DECLARATION On March 23, 1987 V.S. Desai on behalf of Dwarka Prasad filed first declaration in the District Court, Gwalior for publication of ‘Dainik Bhaskar’s Gwalior edition. Ramesh knew this fully well that nobody would sit idle after loosing his rights. So he wasn’t satisfied and settled. His full concentration was now focused on his father and his supporters. When he learned about the filing of declaration from his father he was greatly disturbed. He couldn’t in any way digest this news KALINAYAK 39
about his father’s move. On July 4, 1987 Ramesh lodged a complaint in the District Magistrate’s Court and pleaded to cancel the declaration form of his father. Ramesh argued that as he had filed declaration on March 11, 1985 so his father Dwarka Prasad could not present a new declaration. On the basis of Ramesh’s complaint the District Magistrate cancelled the declaration filed on March 23, 1987 by Dwarka Prasad.This order was issued on July 23, 1987 when Dwarka lost. Is it not galling that the DM was fooled in that he cancelled a fake declaration? Also, galling is the fact that Ramesh fires his gun successfully from the shoulders of the DM. Show the original copy of the declaration dated March 11, 1985 on the basis of which Ramesh was publishing paper from Gwalior, and win Rs.10 lakhs. Readers show the original document and earn cash prize. By now the battle of police station was over from the Collector’s Court – one party had moved to Appellate Board …..And now Dwarka made his next move.
FOURTH PROCEED IN FILED V.S. Desai on behalf of Dwarka Prasad appealed to the Appellate Board under the PRB Act against the cancellation order of July23, 1987 of the District Magistrate, revealing both his knowledge and experience. And the Appellate Board cancelled the DM’s order on 23.7.1987, upholding the objection of Dwaraka Prasad, and ordered the DM Gwalior to review his order, after a fresh hearing. Now the ball is back in DM’s court Dwarka Prasad was Ramesh’s father and so on April 11, 1988 he filed a second declaration in District
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Magistrate, Gwalior’s Court for publishing Dainik Bhaskar through V.S. Desai. In this declaration V.S. Desai was shown as the Publisher and Printer of Dainik Bhaskar and Dwarka Prasad was shown as the editor. On April 12, 1988 the district Magistrate authorized the Declaration form under the PRB Act. With this Dwarka Prasad got the right to publish the paper from Gwalior. Dwarka’s second declaration plan was a success. Ramesh had now realized that his father was equal to the task and he was loosing in the battle. So he pondered over striking hard and that too once and for all. Ramesh reacted by lodging a complaint against the second declaration in D.M’s Court. Ramesh filed an objection against the authenticated declaration dated April 12, 1988 of the DM, Gwalior on April 15, 1988. The Collector did not take notice of Ramesh’s objection, so he made the next move.He approached the Appellate Board against the second declaration As there was no result on his last objection so Ramesh was getting anxious.Ramesh filed against the authenticated order issued in favour of his father in the Press and Registration Appellate Board. On April 21, 1988 the Appellate Board stayed the execution of Authenticated Order and Ramesh emerged as the winner. It will be recalled that the District Magistrate Gwalior had ordered to seal and attach the Bhaskar Press Building on April 18, 1988. Now the battle reaches the district court, for getting the Bhaskar Press building back, when Ramesh lodged a Criminal Revision petition No.53/1988 demanding vacation of Gwalior DM’s order. Ramesh won and the Police had to cease attachment of the building and unlocked the same. The Court ordered the Dy Collector KALINAYAK 41
to revise the attachment order after hearing the parties, vide its order dated May 6,1988. CIVIL CIVIL SUIT NUMBER NUMBER 1-A/88. 1-A/88. In response to this order,Dwarka Prasad, Kishori Devi and Hemlata Agrawal filed civil suit number 1-A/88 in the district Court in the Court of First Additional Judge’s court. Civil suit means a long battle,an endless fight. There is no guarantee that the decision would come in one’s lifetime.In lifetime.In the civil suit they had demanded that Ramesh’s family and supporter should not seize the Printing Press forcibly and that they should not interfere and interrupt the publication of ‘Dainik Bhaskar’.Dwarka Prasad had also demanded this relief from the Court that Ramesh should be stopped from publishing ‘Dainik Bhaskar’ Bhaskar’ from Gwalior Gwalior and further further that that he himsel himselff should be allowed to continue working as the Managing Director. He further pleaded that the respondent Ramesh who is the son of Petitioner Dwarka is also a Director of the Company, but Ramesh taking undue advantage of the petitioner’s illness was trying to take the possession of the Company in an illegal manner.He also declared that Ramesh was trying to unseat him from the post of M.D.and to this end only he had increased the share capital of the Company on April 9, 1986 and then wrongfully and dishonestly allotted all the new shares to himself. It was also declared that the respondent Ramesh had entered into a secret agreement with the other Director (respondent No.5) D.K. Tiwari of the Company and without convening the meeting of Board of Directors he had illegally appointed new Director. Director. At this development, Ramesh felt that a snake had bit him.He could not understand that how his old ailing father was fighting on an equal footing with him.
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Anyhow Ramesh also decided to pull up his socks. Ramesh also filed a civil suit number 2A/1988 against his father. By this Civil suit V/S Civil suit Ramesh pleaded that publication of Dainik Bhaskar by him should not be obstructed by the other party. party. After the District Court, the High Court had become the battle ground. Against the order passed in the civil suit the fight reached the High Court. Ramesh had filed a civil suit No. 2A/88 in the District Court. In this case the judgment was given and both the warring parties Ramesh Chandra and Dwarka Prasad were not satisfied with the decision. So both the parties filed an appeal against the above decision in the High Court. The writ petition filed against the civil court’s order dated 28-30 May 1988 1988 bore the number MA 60/88 and 61/88.High Court dismissed the Misc. W.P. No.61/88 filed by Dwarka Prasad on technical grounds. The High Court said that the reliefs sought by Dwarka Prasad in his appeal in the lower court were tenable only through a company petition, and the lower court had no power to grant such reliefs. In the light of this order, Ramesh gained the upper hand and took over Bhaskar’s possession.The High Court cancelled the order of the District Court in Ramesh’s W.P. No. MA-60/88.This journey till High Court was not sufficient so Ramesh forced his father to knock the doors of Supreme Court against the strictures passed by the High Court.
Fight in the Supreme Court A great tussle tussle took place place in the Supreme Supreme Court also. also. Against the High Court’s order V.S. Desai filed Special Leave Petition (SLP) on behalf of Dwarka Prasad. KALINAYAK 43
Supreme Court directed the Appellate Board to decide on the appeal. All fight in Unison . Kishori Devi, Vishambhar Dayal Agrawal, Ajay Kumar Agrawal, Dwarka Prasad Agrawal, Hemlata Agrawal and Anuradha Agrawal opened a joint front against the atrocities of Ramesh in 1988. They challenged in Gwalior High Court Bench, Bhaskar Publication and Allied Industries Pvt. Limited, Ramesh Chandra Agrawal, Sharda Devi Agrawal, Sudhir Agrawal, Dhruv Narayan Khanna and D.K. Tiwari. This was Company Petition No: 2/88. In the Company petition Ramesh pleaded to stop Dwarka Prasad and Hemlata from running a parallel office of the company, from stopping the publication of ‘Dainik Bhaskar’ and from working as the M.D.and Joint Director of the Company.He also prayed for revocation of Dwarka’s declaration dated April 11, 1988. On April 27, 1988 Dwarka presented an application to the D.M.Demanding the cancellation of Ramesh’s declaration dated March 11, 1985. The District Magistrate Gwalior issued a show cause notice to Ramesh on Dwarka’s complaint. This shocked Ramesh. Ramesh prayed to be given some grace period to give reply to the show cause notice issued by the D.M. on Dwarka Prasad’s application. The district Magistrate dismissed Ramesh’s application. Now Ramesh realized that his destination was far away. But even then he was not no t ready to accept defeat. Then Ramesh adopted two more ploys ploys the date was June 04, 1988.Ramesh had requested to be given a grace period of 10 days. He raised the objection that
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the District Magistrate had no right and power to pass decision on the objection of Dwarka prasad. Ramesh had raised the point of maintainability to stall the hearing, and when hearing would not take place there would be no question of decision. The District Magistrate had dismissed Ramesh’s applications, so Ramesh had received a serious jolt. Now Ramesh had no option but to knock at the doors of the High Court. So he filed a Writ petition in the High Court, Gwalior. June 06, 1988: High Court stayed the proceedings going on in the district Court on June 06, 1988. The day brought a great relief for Ramesh. Unaware of the order of the High Court, the district Magistrate cancelled the Declaration dated March 11, 1985 of Ramesh. Ramesh filed an appeal against this order in the board. It is possible that at the time of appealing Ramesh was downcast.
The Fake Declaration of Ramesh. The interesting thing is that this declaration of Ramesh dated March 11, 1985 was not submitted before the Sub-Divisional Magistrate or the Presidency Magistrate. He was the the proper authority to accept and authenticate the declaration form. This declaration form was submitted before the Deputy Collector-cumMagistrate who was not eligible for accepting and authenticating such declaration form legally. legally. So instead of going to Japan, you reach China. The more astonishing thing is that the declaration was submitted before S.C. Shukla, Magistrate, Deputy Collector, Bhopal and not before any S.D.M. of Gwalior. But it was shown that the declaration was submitted KALINAYAK 45
before the executive Magistrate, Gwalior. This was Ramesh’s move.
SCAPE-GOAT Ramesh walked away from this case and held responsible the Director Devendra Tiwari for all the mistakes. Ramesh said that in this case the the declaration was filed by Devendra Tiwari and he had nothing to do with it. So putting the blame on Devendra, Ramesh walked away free but even then he couldn’t explain that how two seals were there on the declaration form? You You need such pawns and scapegoats that will do all the dirty works for you, so that in the event of the mistake coming to light you can always put the blame on them. Before his fake declaration of March 11, 1985 could be dismissed, Ramesh filed a new declaration before the D.M. Gwalior through his Director, Tiwari. In this declaration Ramesh was shown as the Publisher, Printer and Editor of the paper. paper. But this ploy of Ramesh failed because the D.M. did not issue any order. The case was pending before the Appellate Board so the D.M. Gwalior refused to authenticate the declaration. Now Ramesh was fluttering like a caged bird. So he chose his way to Press and Registration Board. RAMESH IN THE APPELLATE BOARD When the DM did not authenticate the declaration then Ramesh filed an appeal in Press and Registration Board. He demanded justice from the Board. As the Appellate Board was not functional at that time, Ramesh filed a Miscellaneous Petition No. 6706/88 in the High Court, Gwalior against DM’s order dated June 6, 1988.
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WRIT CAME AND WENT BACK As the appeal was pending in the Appellate Board, Ramesh had to withdraw the Writ Petition from High Court, Gwalior. But Ramesh had even to withdraw the appeal from the Appellate Board. He withdrew his appeal from the Appellate Board on the pretext that before August 8, 1988 the date on which the tenure of the Board was ending, there was no possibility about the resolution of the appeal. So, for Ramesh this was a very tough time indeed. Against the order dated June 06, 1988, Ramesh filed M.P. No. 798/88 in the High Court. On 26, 1989 High Court passed the orders permitting Ramesh to print ‘Dainik Bhaskar’.High Court also ruled that till the Appellate Board passes an order in the above case, the Collector’s order dated May 29, 1991 would be stayed. Filed the first appeal against the DM’s authentication of April 12, 1988 of Dwarka’s declaration of April 11, 1988. This appeal was dismissed on May 29, 1991 on the ground that it was not maintenable. Ramesh filed a second appeal against the order of D.M. Gwalior dated June 6, 1988. Let us know about the plight of this appeal. In the order of June 6, 88 the Collector had refused to pass any order on the declaration filed by Ramesh on May May 12, 1988. On this appeal the Appellate Board on May 29, 1981 cancelled the DM’s order of June 6, 88 and further said that the D.M. after full and complete investigation and hearing all the parties should pass an order on the declaration of May 12, ’With this order of the Appellate Board, Ramesh felt that everything was going against him. Ramesh was frightened.Ramesh felt that with the order of the Board about the controversy regarding the title of KALINAYAK 47
the Company he might loose the case. Ramesh said that by this injunction the Board had created controversy about the title. Ramesh did not want this thing to happen. Why Ramesh did not want this because with these investigations Ramesh’s scams and secrets would have been exposed. He wanted to indulge in evil but was not prepared to face the consequences.What was the evil, and what would have been the results…….? Afteralll, from 1952 to 1972 the owner of Dainik Bhaskar was Dwarka Dwarka Prasad. After 1972 the sole proprietary firm of Dainik Bhaskar became “Dwarka Prasad and Brothers”. This firm did not give any right or power power to Ramesh Ramesh or his Companies like Writers and Publishers or D.B. Group. Further, Ramesh does not have any valid document which establishes or proves him as the owner of Dainik Bhaskar. Yet , even today he is printing the newspaper newspaper openly. On June 6, 88 the D.M. had cancelled the declaration of Ramesh dated March 11, 11, ’85. Against this order of the D.M. the third appeal was filed. This appeal also met with the same fate as the other too. . Miscellaneous appeal of Ramesh No. 1724/1991. Ramesh filed a misc. appeal No: 1724/ in the High Court against the Appeal No.1. In this petition Ramesh had demanded the cancellation of his father’s declaration. . Ramesh did not stop here. He did not rest till he filed a petition in the High Court against the orders passed in the second and the third appeals. The number of this petition was 1654/91.The High Court gave orders to maintain the status quo as on September 30, 1991.This was the super-fight of the legal cases. Ramesh was so much neck deep in the controversy that he had no option but to fight case after case and file writ after writ.
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TWO DAINIK BHASKARS ! At this juncture the fight became very interesting. From October 1, 1991 Dwarka Prasad also started publishing a parallel ‘Dainik Bhaskar’. This hurt Ramesh greatly . Now Ramesh made his next move. Miscellaneo Miscellaneous us W P No. 1654/91. 1654/91. To stop Dwarka Prasad from publishing a twin Bhaskar from Gwalior, Ramesh filed a Writ petition in High Court Gwalior. Ramesh argued that he was the publisher, printer and editor of Dainik Bhaskar, Gwalior from March 11, 1985. So by printing duplicate ‘Dainik Bhaskar’, my father has insulted my authority. Restless Ramesh filed a petition against his father’s supporter V.S. Desai and Hemlata which was against the authentication of declaration field by V.S. Desai before the D.M. Gwalior. This was Ramesh’s style of working. In W.P. MA/1724/91 Ramesh says that from October 1, 1991 Dwarka Prasad was publishing a very pale version of the the Bhaskar Newspaper. Newspaper. He called his father’s paper duplicate. Ramesh pleaded that his paper was original and his father’s father ’s paper was duplicate. He also meant that the quality of his newspaper was much superior to his father’s paper. He was like a burning cracker. cracker. As becomes him, Ramesh filed filed a series of cases. If he lost one case he filed another, and if that too failed, he was ready with yet another He was never depressed or tired. He k kept ept on fighting and rested after winning only. only. Father complained against son . Dwarka complained against Ramesh in the Information and Broadcasting Ministry. Ministry. The Ministry directed the RNI for investigation of the matter. After verification of KALINAYAK 49
the records it was found that Dwarka Prasad Agrawal and Brothers were the real owners of Dainik Bhaskar, vide their order dated May 4, 1990. This order frustrated Ramesh. Meanwhile fighting cases from his death-bed, Dwarka Prasad died on July 20,1993. Tired bones could not tolerate son’s atrocities. Against this backdrop of endless litigation, Dwarka Prasad’s death was the result of exhaustion . It was not unnatural for a father to have some expectations from his son. In old age, any father of a son would expect that he would not be denied joy. It is legitimate for the old man to expect that his son would defer to his feelings, shower him with love and affection, and if there was “business” , he would keep it up with his partners. Alas, Dwaraka expected so much from his son, but the latter belied all his hopes. Ramesh may pay for his many sins in another life, more so for his base ingratitude towards his father. In a nutshell, Ramesh turned upside down Maharshi’s definition of “son”. Because in old age, a son is expected to look after his parents and attend to their needs, physical and psychological. In his father’s death, it is possible, Ramesh won half the battle. His father’s death removed one obstacle for him. His uncle Vishambhar, Vishambhar, too breathed his last, on April 21,2001. Even these two deaths, have had no effect on his yen for litigation, and Ramesh must be under the illusion that he is immortal. Hemlata, Kishori, Mahesh and the law are still there.
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CHAPTER 4
AND THEN JABALPUR Ramesh has not spared his father, if only to fatt fatten en himself himself with the the family’s family’s wealth. So would he be different with others in the family viz uncles and sisters, to realise his ambition!
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After the city of Nawab of Bhopal, Holkar’s Indore and Scindia’s Gwalior Ramesh eyed the Gordwana city, Jabalpur. The chariot of scam of Ramesh now reached Jabalpur. When father was not spared then how will the unclebe spared ? From 1986 Jabalpur Dainik Bhaskar was run by Vishambhar Dayal Agrawal as a partner of D.P D.P.. Agrawal and brothers. Ramesh Ramesh could not stomach the fact fact that while he owned owned “Bhaskar” Bhopal, Indore and Gwalior but not Jabalpur. Jabalpur. So he planned a new move to make make Vishambhar and his sons understand his power and might. His move succeeded.Vishambhar succeeded.Vishambhar,, who was once 30% owner of Dainik Bhaskar, now became a lease-holder of Dainik Bhaskar for its publication. Ramesh became the one who gave him that lease!
Vishambhar the owner of Bhaskar, Jabalpur . On July 8, 1986 Vishambhar Dayal Agrawal had started the publication of Dainik Bhaskar, Jabalpur. In July 1986 the declaration form that Vishambhar Dayal had filled showed him as the owner of ‘Dainik Bhaskar’.. After this on January 24, 1987 Vishambhar Dayal wrote an application to, RNI, R.K.Puram, New Delhi to
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allot registration number in his own name to publish Dainik Bhaskar from Jabalpur. In the application dated January 24, 1987 addressed to the Registrar Newspaper of India, Vishambhar Dayal wrote that since 1972 the registered firm of M/s Dwarka Prasad Agrawal and Brothers is the real owner of Dainik Bhaskar. It is under the lease granted by this firm that the Bhaskar editions of Bhopal, Gwalior, Indore and Jhansi are run. M/s Writers Writers and Publishers Pvt. Ltd, Bhopal, M/s Bhaskar Publications and Allied Industries Pvt. Ltd, Gwalior, M/s Bhaskar Graphics and Printing Art Pvt. Ltd, Indore and M/s Sanjay Agrawal, Jhansi respectively are its Directors. In this series M/s Bhaskar Prakashan Pvt. Ltd. has come forward to direct ‘Dainik ‘Dainik Bhaskar’ from Jabalpur Jabalpur..
The firm is the legal owner of Bhaskar. In reply to the letter of Vishambhar Dayal the RNI said that the rightful owner and title holder of Dainik Bhaskar is M/s Dwarka Prasad Agrawal and Brothers.Further the RNI said that the title of Dainik Bhaskar cannot be given in the name of Vishambhar Dayal. On Jan. 28, 1987 the RNI directed Vishambhar Dayal to file on record Declaration-letter and in that to show M/s D.P. Agrawal and Brothers as the owner and thus rectify his earlier mistake. In Compliance of the above letter of RNI, Vishambhar Dayal submitted new Declaration Form in which he accepted the firm as the owner and that the firm had authorized Bhaskar Prakashan Pvt. Ltd. for the publication of paper from Jabalpur. R.N.I. accepted the Declaration Form submitted by Vishambhar Dayal on February 4, 1987. When the above declaration was presented by Vishambhar Dayal, Dayal, Ramesh filed an objection before KALINAYAK 53
the District Magistrate, Jabalpur that the title of Dainik Bhaskar belonged to his firm. Ramesh also said that his firm had not given Vishambhar Dayal any permission of this type, nor the consent of the partners was taken. JANUS FACED RAMESH The inauguration of the Jabalpur edition of the paper was done by the then Chief Minister Moti Lal Vohr. Even Ramesh was present on that occasion and had given a fiery speech, which was carried in the next day’s paper. Yet, the same Ramesh turned a chameleon and filed an objection objection in the Court of D.M, Jabalpur that Vishambhar Dayal started the publication of Jabalpur edition of Dainik Bhaskar without the permission of the firm resulting in the cancellation of Vishambhar’s “Declaration”. The DM, Jabalpur in his order dated 14.10.87 had accepted that the rightful owner of dainik Bhaskar was the firm - M/s Dwarka Prasad and Brothers. On the basis of this, the declaration form submitted by Vishambhar Dayal on 30.1.87 was cancelled. By kicking out Vishambhar Dayal from the field and by placing himself in his stead Ramesh played his duplicate move.
Ramesh fills new declaration Two days after the order dated 14.10.87 of the D.M. Jabalpur, on 16.10.87, Ramesh filed a new declaration form for procuring the publication rights of the paper. In the declaration he showed the firm M/s D.P. Agrawal and Brothers as the owner and himself as the publisher and the printer. Limit of deceit So you see how Ramesh does accept that the firm is
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the owner of the paper in Jabalpur but the same firm when it comes to Bhopal and Gwalior is not the owner of the Newspaper, but shows himself to be the owner here in these two places. It is great story of great paradoxes. On one hand, in the writ filed on Nov. 28, 1987 he says that the firm is finished, and on the other hand in the declaration filed just 12 days before he shows himself as the owner of Dainik Bhaskar. Ramesh showed Family Division In the hearing before the DM, Jabalpur on the objection raised by him Ramesh presented evidences. He presented the family division of 13-4-85 and the letter of 16-2-87. In this letter Dwarka Prasad had described that the title of Dainik Bhaskar was transferred to M/s Writers Writers nd Publishers, Bhopal. About the family division the uncle said:
The Family Agreement is fake Ramesh’s uncle Vishambhar Dayal said before the D.M. that the Family Agreement of 13.4.85 was never executed. Ramesh had forged fake documents. Vishambhar Dayal pleaded before the D.M. that Ramesh should be directed to present the original copy of the family agreement. Ramesh never presented the original copy of the said agreement. How could he, as it never existed? On April 13, 1985 Ramesh also got prepared the partition-deed. But it was only a draft. It was neither registered nor did it bear the signatures of Dwarka Prasad Agrawal and Vishambhar Dayal Agrawal. This clarified that taking the excuse of fake partitiondeed Ramesh was pampering his own selfish interests. In fact, Ramesh knew this very well that with the power KALINAYAK 55
of money, in this country any lie could pass muster. With his perverted confidence, Ramesh wanted to annex the ownership rights of Dainik Bhaskar from his father and uncle on the basis of fake and fabricated documents. In his petition bearing No. 75-A/1987, Dwarka Prasad had replied that the agreement of 13.3.1985 was fake.
Case in the Bhopal Court. On November 28, 1987 Ramesh filed a case (No. 74A/1987) on behalf of his Company M/s Writers and Publishers against Dwarka Prasad and Vishambhar Dayal, in which he asked to declare his company the owner of ‘Dainik ‘Dainik Bhaskar’ Bhaskar’ and stop stop Vishambhar Vishambhar and and Dwarka from publishing ‘Dainik Bhaskar’ from Jabalpur or any other place. Investigation of the scam by an Independent Agency. Agency. The act of Ramesh Chandra Agrawal of making M/s Writers and Publishers Pvt. Ltd. the director Company of ‘Dainik ‘Dainik Bhaskar’ Bhaskar’ in place place of M/s M/s Dwarka Dwarka Prasad Prasad Agrawal should be investigated by an independent Agency. Agency. This demand was made by Dwarka Prasad when he was alive. After his death,by his widow Kishori Devi and daughters Hemlata and Anuradha and his uncles Mahesh Prasad, Vishambhar and their sons also, repeatedly from time to time, but to no avail. The inaction on the part of RNI RNI must be deliberate in that they must be siding with Ramesh, albeit for a consideration To teach a lesson to his Brothers, Nephews, Sisters and Uncles, Ramesh through his son Sudhir Agrawal floated in 1991,a new publication, by proposing launching of ‘Nav-Bhaskar’.
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Drama of Nav-Bhaskar by Sudhir Agrawal In the name of Bhaskar Publications Company through his son Sudhir Agrawal he established established ‘Nav-Bhaskar’ Newspaper and started its publication from Jabalpur. Vishambhar Dayal who was publishing ‘Dainik Bhaskar’ from Jabalpur was greatly affected by Nav-Bhaskar’s publication. Vishambhar Dayal could not tolerate the attack on his empire and resorted to litigation. He resolved to uproot ‘Nav-Bhaskar’ ‘Nav-Bhaskar’ from his area. And so The uncle-nephew fight. To stop the publication of ‘Nav-Bhaskar’, Vishambhar Dayal filed a case (99-A/1991) in district Court, Jabalpur. In this case, the Court by its order dated December 23, 1991 put a ban on the publication of ‘Nav-Bhaskar’. Ramesh had planned ‘Nav Bhaskar’s publication to challenge Vishambhar Uncle’s publication of ‘Dainik Bhaskar’. He submitted declaration letter before the District Magistrate through his son Sudhir. On December 3, ‘91 the declaration was accepted and authenticated. Against this authentication, Vishambhar filed a miscellaneous Writ Petition, demanding dismissal and cancellation of Collector Jabalpur’s order canceling his objection regarding Nav-Bhaskar of October 11,1991 and Feb.14,1992 declaration. Further, Sudhir Agrawal and his father should be stopped from using the name ‘Nav ‘Nav Bhas Bh aska kar’ r’ Duri Du ring ng the the pend penden ency cy of W.P.No.1182/1992 in the Jabalpur High Court, a compromise was reached between Ramesh and his uncles; Dwaraka Prasad was overlooked in this compromise. According to the compromise, Ramesh and his son Sudhir would stop publication of ‘Nav KALINAYAK 57
Bhaskar’. Rules stipulate that the same paper cannot be owned by two different owners, thus forcing Vishambhar to accept “Writers and Publishers” in place of “Dwaraka Prasad and Brothers” as the owner of the paper. Further, Ramesh promised not to trouble Vishambhar anymore. The compromise also meant Vishambhar would take the publication rights in Jabalpur and surrounding areas on lease from Ramesh. Vishambhar was apprehensive that Ramesh might dispossess him of his rights just as he had done with his father. So it was better to live in harmony with Kalinayak. Atleast, he would get freedom from writs, court cases Vishambhar had surrendered before Ramesh and accepted his defeat. How long could he fight? Thinking this Vishambhar and Ramesh compromised.
The agreement was made on Ramesh’s terms The firm Dwarka Prasad Agrawal has sold the title of ‘Dainik ‘Dainik Bhaskar’ to Ramesh Agrawal Agrawal’s ’s own Company Company ‘Writers and Builders Pvt. Ltd; and Among the other two partners, one Vishambhar has taken the title of Bhaskar on lease from ‘Writers and Publishers Pvt. Ltd. Mahesh was given the authority to publish Dainik Bhaskar from Uttar Pradesh, where no traces of Bhaskar can be seen. So Mahesh uncle was given barren land. Vishambhar who had 30% share in the firm was to be content with a small portion of Jabalpur, Jabalpur, Rewa, etc. Mahesh uncle was given the authority to publish Bhaskar from Uttar Pradesh only. By giving unproductive land to his uncle Ramesh retained the most profitable places for himself. On the basis of this
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agreement High Court, Jabalpur resolved the Writ Petition filed by Vishambhar on June 29, 1992. Vishambhar becomes a lease-holder from owner. Even today the children of Vishambhar are running the ‘Dainik ‘Dainik Bhaskar’ Bhaskar’ in the capacity capacity of lease lease holders holders and not owners. The erstwhile owners have become tenants today. Despite the fact that their father Vishambhar along with his elder brother Dwarka Prasad had laid the foundation of ‘Dainik Bhaskar’. Ramesh had started publishing publishing ‘Nav-Bhaska ‘Nav-Bhaskar’ r’ from Jabalpur Jabalpur and Raipur as he had no rights for publication pub lication of the paper from these two places. As a result of this agreement, Ramesh is now spreading his influence all over the country.
Deceived sons of Vishambhar Ramesh by showing the condition that- in one state two owners cannot own one paper – forced the sons of his uncle to enter into agreement with him. Sons of Vishambhar could not see that even today in the records of RNI Bhaskar Publication and Allied Industries, the firm run from Gwalior is the owner of Dainik Bhaskar. They could not fathom Ramesh’s evil desires, and lost control at Jabalpur. Jabalpur. In fact, this was affected to finish the firm’s control in which Vishambhar was a larger sharesholder than Ramesh. Vishambhar was given this freedom so that his children in future would work as per Ramesh’s desires. Which is to say, for their happiness and prosperity pro sperity they depend on Ramesh for ever. As long as they are dependent on Ramesh, they would show respect to him. By pressurizing everyone and giving some rights to some you can establish your empire. This was the best deception. He made Vishambhar sit on the horns KALINAYAK 59
of a dilemma and forced him to sign the agreement in a state of confusion. They stand to loose in all conditions.
RAIPUR’S SCAM This is an incident of 1988. Ramesh was fighting in Jabalpur and simultaneously he submitted a declaration letter to the District Magistrate, Raipur for starting starting a new edition edition of ‘Dainik ‘Dainik Bhaskar’ Bhaskar’ from there. there. This was also done by Sudhir Agrawal, Ramesh’ son to hurt uncle Vishambhar. Vishambhar. Ramesh’s Nav-Bhaskar from Raipur. The title of the paper from Raipur was ‘Nav Bhaskar’. A name similar similar to to ‘Dainik ‘Dainik Bhaskar’ Bhaskar’ was simply simply used used to take advantage of Bhaskar’s popularity and adversely affect the Dainik Bhaskar of his uncle. But the D.M. Raipur cancelled this declaration. This controversy also ended after the agreement of June 29, 1992. The agreement was made - but it was illegal. It rarely is the case that any agreement of Ramesh can be lawfully correct. To expect this from Ramesh would be a farfetched thing. In the next next chapter you will will read that the Supreme Court cancelled the agreement of June 29, 1992.
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CHAPTER 5
SCAM UPON SCAM
If determinat determination ion to win win your way way,, right or wrong, is strong, you resort to foul ways too. Ramesh doesn’t disappoint us.
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As all the incidents were fake, the resultant outcome was also fake. It was everywhere the scent of fabrication and duplicity. The coins bought with counterfeit coins can never be genuine. So Ramesh finally declared that once I start faking documents I do not listen to anyone, not even to my father. The publishers of one family who were publishing the ‘Dainik ‘Dainik Bhaskar’ Bhaskar’ amidst all all such controversi controversies, es, court cases,etc. entered into self-benefitting agreement during the pendency of Vishambhar’s case in Jabalpur High Court in 1992. After this, without intimating Dwarka Prasad Agrawal while he was alive, an agreement was made between Dwarka’s brother Vishambhar Dayal and his son Ramesh before of the High Court Bench, Jabalpur and this one-sided agreement transferred the title of ‘Dainik Bhaskar’ Bhaskar’ to Writers Writers and Publishers Publishers Ltd.. The fact is this agreement was made between the two fighting factions of Dainik Bhaskar( property) on June 29, 1992, and the founder of the paper Dwarka Prasad Agrawal was not involved in this agreement. Dwarka Prasad had not signed that agreement. So, the
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agreement did not appear to have included all the concerned parties. The Hon’’ble Supreme Court said During the pendency of the Writ Petition in the High Court, the agreement between Ramesh, Vishambhar and his sons, Mahesh and his sons all of a sudden executed a settlement deed on June 29, 92.This settlement deed ultimately affected Dwarka as a partner, and despite this he was neither a party to this deed nor did he sign it.This was a one-sided agreement. Then also the fake agreement took its toll.
Distribution without owner’s permission On the basis of the fake agreement dated March 13, ’85 and fake partition deed made on April 13, ’85 by Ramesh, the property of Dwarka Prasad Agrawal was being distributed without his knowledge and consent. The title of Dainik Bhaskar was being distributed without the consent of one of the four partners and original founder, Dwarka Prasad, of the paper. This was blatant display of arrogance by Ramesh.The mistake that Dwarka had committed by making Ramesh his partner was hurting him greatly. The agreement had terminated the firm of which Dwarka was a partner; this showed that Dwarka was insignificant. Violation of Registration Act Under this agreement the property was transferred without registration. This was against the Indian Registration Act. Whenever Ramesh got a chance he cheated, for his interests Ramesh didn’t even spare the temples of law. Cheating in the High Court The petitioner gave an application in the High Court, KALINAYAK 63
Jabalpur for resolution of Writ Petition of Vishambhar Dayal on June 29, ’92 on the basis of the settlement deed. But there was no signature of Dwarka Prasad on the above settlement-deed. The agreement was submitted along with the application in a very dramatic manner. The hero presenting this agreement in the High Court in a well planned way was none other than Ramesh Chandra Agrawal himself.
Lied in the High Court All the parties except Dwarka lied before the High Court that the Petitioners and Respondents have made a final agreement on the various issues of contention and the different points allied to these issues, in different courts. So all the points of dissent had become irrelevant after the final settlement. It was prayed before the High Court that the resolution of the Writ Petition be done in the light of the agreement and its conditions. Getting order from the High Court on the basis of the Agreement deed signed by three partners of D.P. Agrawal and Brothers and not all the four was in itself a great act of cheating affected by the partners inside the Court. Decision of High Court The High Court accepted the false statements of the parties and resolved the petition as per the settlement of June 29, 92. The High Court, Jabalpur gave it legal sanction. Ramesh’s desires were fulfilled after this stamp of approval by M.P. High Court.Through this agreement he wanted to achieve those goals indirectly which were not possible to be achieved directly as per law. What were those those indirect objectives? objectives? The rights that Dwarka prasad Agrawal enjoyed as
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the partner of the firm were taken away from him. The three partners forfeited his rights in a legal way by the said agreement. Ramesh and his partners annexed Dwarka’s rights very easily. This crime of theirs was overlooked by the High Court. The law states that if there are 4 partners, then in the agreement all the 4 must sign, but here the agreement was finalized without the fourth partner-cum-founder knowing anything at all. The Surprise of surprises was that this white lie spoken by the parties in the High Court was accepted by the Court too. This is also a well settled fact that for resolution of property and title related cases the Writ petition cannot be filed in the High Court. This can be decided only through a civil suit. But through the writ petition a private dispute was solved. How did Ramesh Ramesh Chandra and Company deceive the High Court? How did this miracle take place in giving relief to Ramesh? Now Ramesh had finally to give no heed to Dwarka for getting his sanction or permission..
The bad effects of misuse of legal process. Ramesh had cordial relations with the RNI but how with the approval of the the High Court Ramesh came nearer to the RNI.RNI acted on the basis of the sanction given by the High Court Court to the fake agreement. Change in the the ownership title ¾ As per the spirit of this great agreement the RNI on September 3, 1992 changed the owner of Dainik Bhaskar’s title from D.P. Agrawal and Brothers to M/s Writers and Publishers Pvt. Ltd. As a result the ownership rights of the Bhaskar were transferred in the name of Writers and Publishers Ltd. and it was declared the owner. And in this way by misusing the judicial process, the RNI showed the KALINAYAK 65
Writers and Publishers as the real owner in place of D.P. Agrawal and Brothers. Taking advantage of the High Court decision in Ramesh and Vishambhar’s case the civil suits filed in the District Courts were also withdrawn.In these civil suits the authenticity of the Agreement ought to have been verified and examined. Among the four parties Dwarka, Ramesh, Mahesh and Vishambhar many civil suits were pending on the issue of transfer deed and partition deed done in favour of Writers and Publishers Private Limited in the respective courts. Ramesh Chandra prepared some documents purporting to be Sale-Agreement and family settlement deed (partition), the authenticity of these documents is controversial and this case is pending in the District Court, Bhopal (the case No. 57 A/88). The share of Dwarka Prasad’s property and Bhaskar’s ownership title were being disbursed freely on the basis of forged Agreement of March 13, 85 and forged partition Deed of April 13, 85 without his consent or signature. It is clear from the agreement that it was deceptive and the High Court decision delivered on that basis was also totally wrong.
Challenge in Supreme Court Dwarka, his wife Kishori and daughter Hemlata, in a state of shock, knocked on the door of Supreme Court. The aforesaid agreement was executed without the signature and knowledge knowledge of Dwarka Prasad. So in 1993 itself Dwarka took the case to Supreme Court, Delhi and filed Writ Petitions No: (Civil) 527/93, Civil Appeal No. 4782/96 and 4783/96. Dwarka had spent much of his life in litigation.
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Fighting for a long period in different courts, he lost the battle of life and waiting for the decision of the Court, he breathed his last. Dwarka will not demand justice because during the pendency of the case Dwarka Prasad died an unfortunate death and then the question before the Court was: Whose name to be put instead of Dwarka Court didn’t put the name of his first wife Kasturi Devi.The question arose as to whose name should be placed in Dwarka’s Dwarka’s place? Whether his first wife or his second wife Kishori and his daughters who remained loyal to him till the end, the court ordered to replace Dwarka by Kishori Devi and her daughters. The Court said that Ramesh had submitted an affidavit in the Court praying not to keep Kishori Devi’s name in Dwarka’s place, as he pleaded that Kishore Devi was not Dwarka’s Dwarka’s wife but his keep. So we have no hesitation in saying that by keeping Kishori Devi in Late Dwarka’s place we have done the right thing. This was Supreme Court’s natural justice. This made Kishori Devi the legal successor of Dwarka Prasad. The son had brought his father on the road, and made him die waiting for justice.On behalf of Late Dwarka Prasad his wife Mrs. Kishori Devi and the daughters Hemlata and Anuradha Agrawal fought the case in Supreme Court.
Kasturi became Gandhari Kasturi became the Kalyugi version of Gandhari in her love for her son. She even became disloyal to her husband. She opposed her husband in the Court. Her lawyer pleaded in the court that the petition of Dwarka was not maintainable. The lawyer of Kasturi Devi said that Dwarka Prasad KALINAYAK 67
did not initiate any legal proceeding anywhere against the agreement. So this was Kasturi standing against her own husband in the love of her son.
Then came the day of Judgement On July 7, 2003 the Supreme Court delivered a very important decision in the case of Dainik Bhaskar’s ownership rights. This gave a new twist in the ongoing struggle but after how many years. After 10 years. The suit has been going on since 10 years from 1993 and now comes the decision. Supreme Court delivers justice. The Supreme Court concluded the case of Bhaskar’s ownership title rights by delivering its judgement and thus ended a suit that had gone on and on for 20 years. On July 7, 2003 the full bench of Supreme Court of Chief Justice V.N. Khare, Justice S.V. Sinha and Justice A.K. Laxman delivered the decision in the Writ petition filed by Dwarka Prasad Agrawal and others in 1996. It is said that everybody helps the powerful and nobody helps the weak. But the Supreme Court in its judgement broke this myth. Lessons to High Court . Judgement without discretion.The High Court ought to have used its discretion how in Public Law Remedy, Remedy, the agreement could have been recorded and the petition disposed of. The High Court’s decision of June 29, ’92 clearly reflects that it hadn’t used its discretionary vision in deciding the case.Many important points ought to have been resolved by the High Court, but it adopted a short cut and opined that the said agreement was not
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applicable on Dwarka Prasad. The Law was misled On the basis of the review petition (Application) filed by Dwarka, the High Court should have thought that – was the agreement illegal due to the grounds given by the petitioner. But without using discretion the High Court decided that the agreement was valid. This tantamount to the law going astray. The judgement was delivered without keeping the justice in mind, for showing this the Supreme Court further said: Supreme Court laying bare the fraud of Ramesh High Court did not pay attention to the fact that an agreement between 3 partners out of total 4 partners cannot be seen as a resolution of all the differences and so such an agreement cannot be taken on record. High Court should know know its jurisdiction. Supreme Court defining the jurisdiction of High Court . The High Court had the authority only to either permit the petitioner to take back the petition or dismiss the petition by considering it of no purpose.The area of the pending petition in the High Court was only upto delivering attestation order.Under Section 141 of code of civil procedure these provisions do not apply in writ petitions, and so normally the recording of agreement in Court’s order is not permitted. To show that the High Court had transcended its jurisdiction the Supreme Court said further that the High Court cannot increase its area of jurisdiction by saying that different pending civil suits in different courts or other legal proceedings would also be falling under the purview of this agreement..In this way the High Court had indirectly gone into the jurisdiction of the civil courts which it cannot do directly. KALINAYAK 69
The Supreme Court in its judgement said that by making the agreement as the base for deciding the petition concerning the property ownership rights, it had violated its jurisdiction. To highlight the bad effects of the High Court’s decision, it further said –To have recorded the agreement in its order and to have delivered the decision on its basis was tell-tale.To show that High Court did not rectify its mistake even after it was pointed out, the Supreme Court said -It was brought to the notice of High Court that the agreement was being wrongly recorded in the judgement order, but even then the High Court didn’t rectify its mistake. So High Court’s order reflects its indiscretionary approach in giving the decision. The people who save the world from injustice by their right judgement, if they indulge in injustice, who will punish them? Such judges who punish the whole world are not punished for their mistakes - is this not a flaw in our judicial system. A lesson to the District District Court by the Apex Court. On the basis of the above decision in High Court, the Civil Court dismissed the Civil suits number 74- A/87 and 75- A/87 filed by Writers and Publishers Ltd., and Ramesh. Similarly Vishambhar’s case against Ramesh was also dismissed when the former had applied for the withdrawal of the said case. Misusing the High Court’s order that accepted the agreement, Ramesh had withdrawn all the civil suits – just to show that after the decision of a higher court such civil suits become irrelevant. As a result of High Court’s order it was necessary to withdraw all such cases. Supreme Court said that the District Court should
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have used its discretion and thought that whether a case ensued between the different parties on the issue of their differences. The Civil Court should have acted as per its own discretion and not on the directions of any other court where a totally different different point was decided. By teaching the High Court and the District Court a lesson or two the Supreme Court dispensed justice. It issued some orders. In this way way by the orders of Supreme Court
Ramesh lost the ownership of Bhaskar Supreme Court in its order accepted that Dwarka Prasad was publishing Dainik Bhaskar before the formation of the firm Dwarka Prasad Agrawal and Brothers, and his name was registered in the record of Registrar of News Papers India. In the course of time the Supreme Court said affirming the ownership rights of the firm. The Supreme Court in its order dated July 7, 2003 accepted that title of Dainik Bhaskar is of M/s Dwarka Prasad Agrawal and Brothers and due to family agreement in the records of RNI the owner’s name was changed in favour of Writers and Publishers Pvt. Ltd. The most important line of Supreme Court’s order The Supreme Court also cancelled the change in Dainik Bhaskar’s ownership rights dated September 3, 1992. In this change over M/s Writers and Publishers Ltd. Of Ramesh Agrawal was made the owner in place of M/s Dwarka Prasad Agrawal and brothers. Supreme Court categorically said --‘We cancel the order dated Sept. 3, 1992 of R.N.I. Firm made the owner by Supreme Court. The Court in its decision accepted that the firm Dwarka KALINAYAK 71
Prasad Agrawal and Brothers is the owner of Dainik Bhaskar and not Ramesh Chandra Agrawal’s Company Writers and Publishers Ltd. The Supreme Court handed over the title and the keys of the paper to the firm. With this decision of the Supreme Court the ownership of Dainik Bhaskar went back to M/s Dwarka prasad Agrawal and Brothers and Ramesh’s Company Writers and Publishers Ltd. did not remain its owner. The order implied that Writers and Publishers Ltd. Could neither neither publish publish ‘Dainik Bhaskar’ Bhaskar’ from any place in the country nor could authorize any person or Company for doing so. The publication of Dainik Bhaskar by any firm other than M/S D.P. Agrawal and Brothers would be illegal. In 1985 Ramesh Chandra Agrawal had claimed that the firm D.P. D.P. Agrawal Agrawal and Brothers had dissolved. But the Supreme Court after brooding over all the points considered the firm as the real owner. So all the rights were given back to Dwarka Prasad Agrawal and Brothers. Supreme Court restored the position existing before June 29, ’92. Supreme Court declared that all the parties would be deemed to be in the position before June 29, ’92 legally. As per the order of the Supreme Court the ownership disputes regarding the title of ‘Dainik Bhaskar’ were to be restored to the situation of before 29 June ’92, but you will read that it did not happen likewise. Supreme Court said in this case that the High Court had no power to record the agreement for the purpose of passing the orders. Supreme Court declared illegal the agreement affected on this dispute on 29 June ’92.It also quashed the agreements legal sanction granted to it by the High Court.
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HIGH COURT’S ORDER QUASHED The Supreme Court said that in the specific circumstances of this case no writ order could be issued because in this case, public law remedy could not be given. So High Court’s order was illegal and beyond its jurisdiction. So it should be quashed. It further said no party should be harmed by such an order which is not applicable to it. But it happened because of High Court’s order. The High Court harmed Dwarka by such law that was not applicable to him. Therefore we quash the orders dated September 26, 1992 and November November 13, 1992 of High Court. In this way the Supreme Court quashed the orders of High Court. In this way the Apex Court through its order quashed the M.P. High Court’s order of agreement dated June 29, ’92 which had transferred the ownership title of Dainik Bhaskar from D.P. Agrawal and Brothers to Writers and Publishers Ltd. of Ramesh Chandra Agrawal. The events on the basis of the Agreement were also un-acceptable. The Supreme Court said that all the orders and activities subsequent to the order of the High Court were beyond its jurisdiction jurisdiction and so they were also being quashed. The Supreme Court said the all the orders issued and action taken on the basis of High Court’s order, under statutory authority and civil Court’s decisions were also being quashed. The Agreement was baseless and so all resulting things were void and useless. Supreme Court said that the Writ Petition filed by Vishambhar Dayal Agrawal was also quashed. Supreme Court ordered All parties, statutory authorities, civil courts to act KALINAYAK 73
according to this order.In the words of Supreme Court “All parties, statutory authorities and court including the civil courts are directed to act accordingly”. So it was clear that M/s Dwarka Prasad Agrawal was the real owner and not M/s Writers and Publishers But game was not yet over. The orders of the Supreme Court were thrown to the winds. Order in favour of the Petitioner, but benefit to the Respondents This was the limit of dare-devilry when Ramesh manipulated and forced RNI to do what he wanted them to do. He did not allow the order of the Supreme Court of July 2007 against him to be executed. Despite the clear orders of the Supreme Court the conditions before August 29, ’92 could not be restored. Lawfully, M/s Dwarka prasad and Agrawal should be mentioned as the owner of Dainik Bhaskar but even today the Company of Ramesh is printed as the owner of the Newspaper.
GAME IN THE RNI In compliance of Supreme Court’s order of July 7, 2003, the Deputy Press Registrar, Uday More of RNI wrote a letter on November 24, 2003 to all District Collectors from where Dainik Bhaskar was being published to obey the orders of Supreme Court. In a surprising development within 10 days, the Press Registrar, G.D. Walia of R.N.I. withdrew the letter of Deputy Press Registrar Uday More without citing any solid reason. He only said that that the earlier letter was not issued with his permission. This was a great tide of corruption in which Press Registrar first spit and then licked the same. In this way the process of justice was stalled.
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Injustice prevailed over justice. Ramesh got what he wanted, Supreme Court dispensed justice on July 7, 2003, it went against Ramesh. Ramesh. On its basis RNI RNI had to make changes in its documents.
How more than one owner? To complicate the issue Ramesh Chandra Agrawal played a new game by colluding with RNI. In RNI, Ramesh’s game of power and money started and for the next 6-7 months drama of investigation continued. On June 18, 2004 the Deputy Press Registrar R.K. Agrawal restoring the status quo before 1992 of the property made 5 Companies the owner of Dainik Bhaskar title in 5 different cities. This was an open violation of P.R.B. P.R.B. Act Section-8. This was a sort of dictatorship. According to the order of the Supreme Court it was only after agreement of 29-6-92 that in the records of RNI ‘Writers and Publisher’s was given the ownership rights. But against this fact. In the guise of complying with Supreme Court’s order and restoring the status quo of before 29-6-92, ‘Writers and Publishers Ltd. was accepted as the owner of Dainik Bhaskar Bhopal, and different Companies as owners of different editions of the paper.Though in reality these firms were lease-holders of M/s Dwarka Prasad Agrawal and Brothers. This conspiracy was hatched to complicate the matters and to prevent Dwarka’s firm from becoming the owner of the paper. Contempt of Supreme Court by RNI. The Supreme Court had quashed the RNI’s order dated Sept. 3,’92 by which the RNI had informed Dwarka KALINAYAK 75
Prasad Agrawal that the ttle of Bhaskar has been transferred to Writers and Publishers Ltd. As per the above orders of RNI the firm ‘Writers and Publishers’ was made the owner of Dainik Bhaskar, but the Supreme Court had quashed the above order. But despite this the accepting of the firm ‘Writers and Publishers’ as the owner of Bhaskar by the RNI RNI even till today is an open contempt of Supreme Court’s order. The RNI has vowed with Ramesh that whatever the conditions are or the orders are but they would continue to behave in their own way. When Supreme Court had quashed all the following viz: RNI’s order and on the base of RNI’s order the order of the High Court which subsequently depend on the agreement and even after this if Writers and Publishers were continued to be regarded as the owner, then it proves that this firm was the owner even before 26.9.92.
The question arises When Writers and Publishers was the owner before 26.9.92, then there was no logic in declaring again the ‘Writers’ ‘Writers’ as owners by the the RNI. Why this agreement and all other documents were needed? What was the purpose of so much litigation? Why RNI declare declared d ‘Writers ‘Writers and Publisher Publishers’ s’ as the owner in compliance of the ruling of the High Court. Why Ramesh had to file a civil suit in the District Court? Was there any need for Supreme Court quashing the RNI’s order of making Writers and Publishers the owners of Bhaskar? Only Ramesh Agrawal is competent to answer all such questions.
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SIBAL’S OPINION In this case the opinion of Kapil Sibal, Senior Advocate, Supreme Court and Central Minister is very significant. He opined that the Supreme Court’s order of 7.7.2003 declares Dwarka Prasad Agrawal and Brothers as the owner of ‘Dainik Bhaskar’.So in todays date the publication of the paper is illegal and so it should be banned immediately. Supreme Court’s order in the Dust Bin . Ultimately none obeyed the Supreme Court’s order. Ramesh showed how you can go on with your illegal occupation bypassing the law. law. He proved that he was beyond Supreme Court. Getting the order to be obeyed was not in anyone’s power. The court had delivered its verdict but it did tell how the winning party would get its rights? In the civil Court the case has not been revived as per the orders of Supreme Court. So first the father searched for justice and now the mother and the sister are groping in dark. Order issued, Not Justice. Those who lost their rights are waiting for justice or they do not want to fight fight with Ramesh. Ramesh. So they have been sitting silent after surrendering or they have prepared themselves to live on the selfish courtesy of Ramesh. So Ramesh has pocketed justice. The law is where money is and not the reciprocal. Justice has been buried. Ramesh, RNI, Civil Court and the District Court cremated justice. Kishori Devi got only a never ending waiting. You should accept that it is not the duty of the Government to put powerful criminals behind the bars. After all these events, let us bow and pray before our KALINAYAK 77
law. Let us bow again and again and pay respect to our Constitution.
Respect Constitution Article 51 (A) of the Constitution Constitution States States It is the duty of every citizen of India that he --Abide by the Constitution and respect its ideals and Institutions . --Even if in the civil courts no revival of suits has been done as per the Supreme Court Directives. --Even though the High Court had done injustice to Dwarka. --Though RNI by disobeying the orders of Supreme Court had proved a violator. --Though the District Magistrates (Collectors) disobeying the Supreme Court’s order are still accepting accepting ‘Writers ‘Writers and and Publishers’ Publishers’ as the owners owners of ‘Bhaskar’ THEN ALSO It is our fundamental duty that we respect these institutions. So let us all once more more bow and pay our respect to all these Institutions of justice. Will you be able to do this? Ray of hope is there. Whenever a big injustice is done and the Supreme Court concludes that the principles of Natural Justice have been grossly overlooked, then it revisit that case, so the hope is there ...
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CHAPTER 6
NOW, IT IS JHANSI Ramesh reaches Jhansi unhindered! But here he meets with unexpected bureaucratic resistance! Yes, that is also not impossible. impossible.
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This was a very special scam of Ramesh at Jhansi. The speed of his scams went on increasing Ramesh presented forged Partnership Deed – 1972 After the order of Supreme Court, Ramesh had realized that the ownership of Bhaskar, would be transferred to the original firm M/s Dwarka Prasad Agrawal and Brothers. Immediately a nefarious idea came to his mind. The idea to prepare a forged partnership deed of 1972 to snatch the share of Kishore Devi and her daughters and present the fake deed in the Office of Registrar, firms and Society, Society, Jhansi.
The Thief caught Assistant Registrar, Firm, Society and Chits Jhansi, Arvind Mishra vide his letter dated December 12, 2003 informed the Registrar, Firm Society and Chits, Lucknow that the hearing of the case of the firm M/s Dwarka Prasad Agrawal and Brothers is being done through Registrar, Lucknow.The enclosed documents sent to us by the Lucknow Office contained photocopy of form No 10 showing the registration of firm in 1976 and the photocopy photocopy of ‘partnership-deed’ ‘partnership-deed’ made available to us through the lawyer of Ramesh Agrawal. Further the Registrar writes that it is notable that the partnership deed of the above is not available in the
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firm’s correspondence.The registered proforma of 1976 contains the form number 01 and in its remark column it is written “we “we are not the members members of H.U.F”, but in the photocopy of the partnership deed given to this office by the lawyer of Shri R.C. Agrawal it is written “Members of H.U.F”. As in the above firm’s file the partnership deed at the time of Registration is not available and because there is difference in the photocopies of form No.01 and R.C. Agrawal’s lawyer’s deed, so it is necessary to take into cognizance the above facts as sought by this office in its letter written to you for seeking guidance. Ramesh did not want to give to Kishori Devi the full 25% share of Dwarka, so in the records he wanted to print ‘member of H.U.F’ H.U.F’ instead of ‘not the members of H.U.F’. This was hidden agenda of Ramesh. he changed his colour after Supreme Court’s decision.The moment Supreme Court delivered the order in favour of the firm, D.P. Agrawal and Brothers, Ramesh -- an expert in changing colour like chameleon -- applied for adding his name in the firm in place of his dead father on Jan. 14, 2004. This application was given to the Registrar Firms and Society.
Ramesh took the 25% share of Kishori Devi. This was done to stop the legal heir of Dwarka Prasad, Kishori Devi and her daughter from getting admission into the firm. As per Dwarka’s will his 25% share in the firm was to be given to Kishori Devi. Hidden Genius If in the firm Dwarka Prasad is regarded as the head of H.U.F. then Dwarka’s share of 25% would be divided KALINAYAK 81
into 2 portions. The first portion would be given to Ramesh’s Group that has mother Kasturi, sisters Neelam and Meena and the second portion would go to Kishori’s group of that has Hemlata and Anuradha.In this way Ramesh would get 5th portion of 25% of Dwarka’s share (3.57 x 5 = 16.85 and Kishori Devi would get 3rd portion of Dwarka’s Share (3.75 x 3= 10.71). So, Ramesh’s share would come to 16.85% + 15% (his own) = 31.85%. If in the firm Dwarka Prasad is not considered the head of H.U.F then his whole share of 25% would go to his wife Kishori Devi as per his will.
Original Partnership deed missing from records We have already seen that all such documents that seem to damage Ramesh go missing. In Gwalior the minutes book, in Delhi the RNI records and in Jhansi the 1972 partnership deed from the Registrar’s Office. It is a straight forward fact – the papers do not have feet to walk. So they are not missing on their own but they are deliberately made to disappear. The partnership deed presented by Ramesh’s lawyer as mentioned by Registrar Arvind Mishra is also not traceable now.This crime of Ramesh would also be hidden. But here, Ramesh won despite having lost, because despite Dwarka’s will Kishori Devi did not get any share, Dwarka cared for her, but Ramesh cared for his death. Today in the records of Registrar, Firms Society and Chits, Jhansi, there are only two partners – Ramesh and Manmohan in the firm Dwarka Prasad Agrawal and Brothers. Ramesh is in place of Dwarka and Manmohan in place of Vishambhar.
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CHAPTER 7
WORDS DO NOT MATC MA TCH H DE DEED EDS S Ramesh perhaps thinks what he says through his paper will not be taken seriously
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On September 26, 2010 Ramesh has given the following message to millions of his readers in Dainik Bhaskar (Jabalpur).
The joy of giving We should always give something to others.The universe has been created on this basis.We should pray to God to instill in us this feeling of giving.This is not only the helping of others but also paying back our debt to our family, society and the nation. We think about this, but in this hectic life we cannot do anything in this direction. This is the way in which we can make a better path path and better world for the next generation. The feeling of equality comes by the act of giving.This feeling gives us joy and satisfaction.The satisfaction would be of trying to understand life in its true sense. From today for seven days try to experience the mystery, importance and satisfaction of ‘The Joy of giving”.There is no need to form a big plan for this.Let us start with our parents. By spending some time with them we can show them what their importance in our lives is.This is our duty also. It is a humble effort of Dainik Bhaskar.I hope that millions of our readers could understand this feeling and would participate in this work whole-heartedly. So enjoy ‘The joy of giving” Ramesh Chandra Agrawal Chairman, Dainik Bhaskar Group.
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In his 65th year Ramesh wants to present himself as a great man before the people. So he delivered a sermon like a saint or god-man. So the title Rameshwara Nand Maharaj can be given to him. But wait for a while.This gentleman has put a black curtain over his personal life to give the semblance of a great man in public life. Ramesh should introspect in the Mirror about his Behavior. This This is the rule of life that as you go on doing works in life, so the people will go on knowing about you.The reason, all the acts of human-beings are a reflection of their own desires.
Let us test Ramesh on this point. Ramesh was not a support to his parent’s in old age. He had become their headache.Before dying a painful death on May 13, 1993 Dwarka Prasad had declared his wife Kishori Devi and daughters Hemlata and Anuradha as his sole successors.In the will registered in Registrar Office, Gwalior, Dwarka writes: -- My son Ramesh has tried to kill me many times. -- After my (the will executor) death my heir Kishori Devi would get all the fixed and movable assets that belong to me. Ramesh snatched the property of his mother and sister because he was possessed with selfish ends. After Dwarka Prasad’s death Ramesh illegally sold his Gwalior’s Gwalior’s house house in which Hotel Hotel ‘STYLE’ ‘STYLE’ was the tenant and and the ‘Keshav ‘Keshav Bhavan’ Bhavan’ of Bhopal, Bhopal, both the the buildings, belonged to Dwarka. The Agrawal Bhavan of Bhopal, Ram Bhavan on the Sultania Road, Press Complex building in Maharana Pratap Nagar, allotted land to Dainik Bhaskar on AgraMumbai road, in Delhi Dwarka Sadan and INS Bhavan KALINAYAK 85
in Connought Place and Plot at Sabre Delhi, all of these Ramesh took in his possession. In the partnership deed of 1972 it was provided that the firm would not be dissolved by the death of partner, but it would continue to run with his legal heirs and living partners.The share of the deceased would be given to his successors. Accordingly, Kishora Devi, Hemlata and Anuradha had the right over Dwarka’s 25% share but against the wishes of his father and by cheating all other partners, Ramesh usurped this share.
The question is which which this ‘joy of giving’ giving’ is. Before Oct.17, 1984 the owner’s name of Dainik Bhaskar, Indore was Dwarka Prasad, Director, Bhaskar Publication and Allied Industries, Gwalior. After this this date the owner’s name was Dwarka Prasad, Director, Bhaskar Graphic and Printing Art Private Limited, Indore. The editor was Yatindra Bhatnagar. Bhatnagar. But from July 10, ‘92 the owner’s name was Ramesh Chandra Agrawal, Director, Bhaskar Graphics and Printing Art Pvt. Ltd, Indore. As per the will registered in the Registrar’s Office, Gwalior none of the declared heirs got a single pie in ‘Bhaskar ‘Bhaskar Graphics’ Graphics’ and Printing Printing Art Private Ltd.’ Today Ramesh is talking about his family, society and country. country. The act of giving to parents parents but while his father was alive he only gave him tensions and headaches and the heartache to which he finally died. At the time when Ramesh was eating into his parents rights, evading taxes, where had this feeling of giving gone? The person who never thought about the interests of the family how could he think about the national interests?
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Was it not the case that Ramesh equated selfishness with sacrifice and taking with giving? For the sake of showing Ramesh said the same thing, which the Valmiki Ramayan also says, “There is no other religion like service of father and obeying of his orders”. The thing is that Ramesh never acts on what he says. Yes, if he gives 25% share of Dainik Bhaskar to his step mother and sisters as per his late father’s will, 30% share to his uncle Mahesh and his son Sanjay and 30% share to Late Vishambhar’s sons then he would really experience the joy of giving. In this way he would become a proud son of a proud father, and worthy brother of his sisters. If he acts like this then we can say there is no difference in his acts acts and words. A person singing the praises of country and parents has shamelessly snatched away the share of his mother and sisters. Even the biggest selfish man would be shocked at his behavior. A great diplomat whom you can never judge as to what he really is? At the age of 65 growing old and sitting like a snake on other’s property. He never respected his father’s ideals, desires and decisions.A decisions.A man who gave continuous continuous tensions tensions to his parents, sisters and uncles is now preaching to serve the parents. parents. A man who never served served his own blood blood relation how can he give to others? A great pretender. pretender. He gave so many troubles to his near ones that they never felt the need of enemies. He has eyes but he cannot see the truth, he has ears but he cannot hear the painful cries.
How can stone weep? Ramesh and trust are a part poles, and have no relation KALINAYAK 87
with each other. His teeth are that of an elephant.The sins of life-time cannot be washed away in a day. Mahavir Swami says, “Whatever has been done in the past, it comes back in future in the same form”. From this attempt of Ramesh to show himself as a paragon of justice and virtue we get another. Even if you are not spiritual and religious from inside, then also you must show yourself to be highly spiritual. But you should realize that you are a hypocrite. Remember this that prestige does not depend on what is seen but on what has been hidden.
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CHAPTER 8
DUPING RELATIVES Though Dainik Bhaskar is a family-owned paper founded by a large-hearted elder son/brother, there could be a villain-in- the- making in that family itself, as Ramesh reveals.
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Ramesh Chandra Agrawal might have been an over ambitious, colonial ruler in some earlier birth.His actions of this birth show that he must have been a very ruthless king. With his selfishness Ramesh has severed all relations. Uncle Mahesh limited to Jhansi and Vishambhar restricted to Jabalpur and near about.Their livelihood was limited to that point only. Kishori Devi and her daughters have no place and they are lost in the mist of oblivion Ramesh has so destroyed a Joint Hindu family that the feeling of togetherness has been killed.
Hemlata’s story Hemlata’s talent sowed the seeds of hatred in Ramesh’s mind. Whenever he saw her, he felt her to be his competitor and his hatred began to increase. Hemlata ran from pillar to post along with her sick father Dwarka to save her life.Ramesh had terrified her to such an extent that the only thought uppermost in her mind was about saving her and her father’s life and she never thought about exposing the crimes of Ramesh.If one continually faces conspiracies, then it would be the natural result.
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To prevent Hemlata from leading a normal life Ramesh bought every person who worked with her or who did business with her. He filed false complaints against her in the police. So dangerous is Ramesh. With Dwarka’s death one powerful fighter against Ramesh had gone. After father’s death Hemlata was leading an obscure life.Ramesh Agrawal is responsible for this oblivion of Hemlata.Nobody cares for a helpless lady. Whether She dies or lives nobody is worried. Dwarka’s soul is still restless. He will not get peace till his wife Kishori Devi and his daughters get 25% share in Dainik Bhaskar and other property as per his will.
WOMAN’S CURSE The Indian cultural traditions say that where a woman is worshiped, there Gods reside.But for making Dainik Bhaskar his property Ramesh Chandra Agrawal threw this religious principle to the winds. Instead of treating his father’s second wife as his mother he looked her as his enemy.Ramesh showed his animosity. Ramesh thought Hemlata and Anuradha are my cousins.They have not become my real sisters by tying Rakhi on my wrists. What do I to give my real sisters? so I am bound to give something to Hemlata and Anuradha. Yes, in my childhood I grew up playing in the lap of Kishori Devi. I even called her my small mother, but now for my selfish interests I say that Kishori Devi is not my father’s wife but my father’s keep. The children born out of a keep can never be my sisters. So what is the share for? This was a result of his poisonous desires that to win KALINAYAK 91
the battle of Bhaskar he refused to consider Kishori Devi as his father’s second wife. This was the limit to the insult of women. At Ramesh’s behavior even the humanity cried foul. Love has the power to make others our own. Had this love been present in Ramesh’s barren heart then things would have been totally different.The moral is that the rope of selfishness that binds relationship is the strongest rope.
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CHAPTER 9
"SANSKAR"? Ramesh, the schemer wants to present present himself himself as somebod somebody y different different with a disposition to charity and culture. Sanskar valley’s foundation disproves him.
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Ramesh is a cheater-cum-schemer. He is an allrounder. Due to his monomania nature Ramesh is a great cheater from top to bottom. This tale is of selfishness and not of selflessness or service of others. After establishing his control over Bhopal, Indore, Gwalior and Raipur Mahesh uncle was restricted to Jhansi and Vishambhar to Jabalpur and its surroundings.But Ramesh did not stop even after earning crores. Doing all types of frauds and wrong things one day Ramesh Rame sh arrange arranged d a ‘get ‘get ttogeth ogether’ er’ at home home and and declared “I wish to form “Sharda Devi Charitable Trust”. I also wish to form ‘Kasturi Devi Trust”. In this venture my sons Sudhir, Girish, Pawan and their wives respectively Jyoti, Namita and Nika will also be there. For the present, tomorrow i.e. on July 15, 2004 we have to purchase 37.13 acres land at a cost cost of Rs.66,83,400/Rs.66,83,400/at Chandanpura Village in the name of the Trust. The elder daughter-in-law Jyoti asked him, but father till now the Trust has not been registered, so how we will purchase the land and from whom?
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Ramesh replied that she had not to think about such things. We will do a reverse thing. You do what I ask you to do.
No son, but the name keeping ceremony arranged. Ramesh’s thoughts and actions are not greatly separated. So the Trust Trust was not registered and before that on July 15, 2004 in the name of the Trust the land at Chandanpura was bought. This was Ramesh’s ‘modus-operandi’. Scam in the registration of Trust. After the land was purchased the ‘Sharda Devi Charita Charitable ble Trust Trust’’ was registe registered red in the Office Office of Registrar, Public Trust, Bhopal as per Ramesh’s wish.The date was Dec,17, 2004 and similarly the second ‘Kasturi Devi Trust’ was registered in Bhopal on March 10, 2007. At the time of Registration itself Ramesh resorted to a lie.He hid truth and registrations.The main trustee and the obedient daughter-in-law gave affidavit that the Trust had no fixed assets.Ramesh did not reveal the fact that at the time of Registration the land worth Rs.66.68 lakhs was in possession of Trust. This Affidavit was signed by seven Trustees, Ramesh and his three sons and their wives. Hide the fixed assets at the time of Registration for tax-evasion By not declaring the fixed assets Ramesh indulged in blatant violation of the law. law. But the question is in this nation of Lord Ram and Krishna and Gandhi and Subhash who has the power to punish Ramesh and his KALINAYAK 95
family? Is there anyone who can save the law of the land?
Purchased land from fictitious man The above land of Patwari Patwari ‘Halka’ ‘Halka’ number 40 in Hujur Tehsil was registered in the name of Syed Musa Ali in 1955, as the name is recorded only when the concerned person becomes an adult, so Najam’s age in 2004 should be 69 years. But in the registry the age of the person selling the land is shown to be 50 years. The question is how Mohammad Najam’s age can be be less by 19 years. The age is not a cloth that can be cut to suit the size.This shows that a wrong man has sold the land. To become a rented seller and then executing the registration is a big scam. But it seems that Ramesh won’t get any punishment for this also. Shaky history of Trust’s bought land The land bought by the Trust was in M.P. M.P. Government’s name in 1932, in the name of Mohammad Faj-urRehman in 1950-52, in the name of Mohammad Najam S/o Syed Musa Ali in 1954-1962 and in the name of Mohammad Najeem S/o Mohsin Ali in 2004. In the District Registration Office when the said land was transferred from Mohammad Fajal’s name to Mohammad Najam, nobody knows. This is another secret. The revelation of this secret will amount to another scam. After the registration Ramesh faced another problem. The government had planned to declare the above land as green land, so construction of building on that land was not possible.
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Greenery destroyed before its birth. Ramesh could not realize that the green trees are for everyone’s benefit.The Bhaskar Group wielded pressure on the top bureaucrats and Ministers and got that proposal of declaring the said land as green land cancelled.He is enemy number one of environment. On June 23, 2005 the Housing and Environment department freed the said land from green belt under Ramesh’s pressure. Then a concrete building was was built on the land and the name given to it was ‘SanskarValley’. Robbed the Income-Tax Department The sources tell that Mohammad Najam did not pay Income Tax on the deal of July 15, 2004. This proves that he was a fictitious seller who did not get any money. He was merely Ramesh’s puppet who was made to stand in the Registrar’s Office at the time of sale. Ramesh had to face another problem also. The water of ‘Kaliyasot Dam’ flowed in a culvert near his property. property. How to save ‘Sanskar Vailley’? Let us see, how he solved this problem? Changing the culvert’s course illegally To save ‘Sanskar Valley’ Valley’ from the water of ‘Kaliyasot Dam’ he diverted its course illegally. illegally. With his control of the corrupt administration, Ramesh has shown that he is the biggest ‘hidden administrator’ Opening a School (temple of education) on the basis of Scam and cheating. The Bhaskar Group kept on indulging in scam upon scam from the time of registration till the construction of ‘Sanskar Valley School’. In this way the base of KALINAYAK 97
Sanskar Sanskar Valley Valley was built upon ‘ku-sanskar’ ‘ku-sanskar’ (Ill-traits (Ill-traits). ). This was a duplicate ploy, character and the face of the people who teach the children the lesson of cultural and moral values, The public will know about the lie hidden under the Sanskar Valley, but Ramesh should not forget that the justice of God is ultimate. When all his sins will be exposed what will he do?
.
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CHAPTER 10
BHARAT, THE NEW PAWN OF RAMESH Ramesh finds a new collaborator in Bharat, who can achieve so much that his sponsor doesn’t feel disappointed at all. Bharat is here, there and everywhere.
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The King of Kings, the hero of Kalyug – ‘Kali-Nayak’ felt that his 3 sons Sudhir, Girish and Pawan were not enough for his agency. He felt the need of a fourth agent. So the mega star of Mega scams declared Bharat Agrawal his adopted son and made him the Executive Director of Bhaskar. Now it was Bharat’s Bharat’s duty to walk on the path of ‘Kalinayak’. The Company gives you identity Bharat, I have come to know about your companions. You are the adopted son of Ramesh. I have no problem in telling who are you? Bharat, you are in the Company of crooks for 24 hours. They are preparing you to send to hell.Living in the Company of Bhaskar’s ring leader Ramesh how did he affect the land scam?
Robbing poor’s land Bhaskar Group laid its evil eye on Patwari ‘Halka’ Number 23 land at Lal Ghati, Air Port Road, Bhopal. The land was adjacent to the colony of Gandhi Medical College at Laukhedi Village. The Bhaskar Group occupied illegally the 9.52 acre land belonging to others. After the said occupation, it built a grand 2
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storeyed storeyed colony ‘Aditya Avenue’ Avenue’ on it. The Company of Bharat Agrawal ‘R.K. Investment’ of Bhaskar Group did this. Ramesh had specifically adopted Bharat for this work Who were the real owners? ‘Rashriya Uthan Grih Niman Sahkari Sanstha’ registered on June 13, 1969 had purchased the said land on July 3, 1982. In the same year the Institution issued plots to its members and the registry was done in the name of 152 members and their names were recorded in the Patwari Records duly. These members were the actual owners of this land. After this in 1996 the Deputy Registrar, Co-operative Societies dissolved this Institution for various reasons.In the year 2002 the Deputy Registrar appointed Senior Co-operative Inspector P.N. Sonania as the receiver of the said Institution.
How scam upon scam were affected. The Co-operative Inspector Sonania on March 30, 2002 registered the above land in the name of R.K. Investment Company. Dr.Bharat Agrawal and the MLA Shekhar Choudhary bought the said land on behalf of the Company. Company. In the sale-deed it is written that P.N. P.N. Sonanina is empowered to sell the land of the aforesaid society. The fact is that the above land was not the property of the society. society. The society had already sold it to its members. So P.N. P.N. Sonania had no right to sale the above land without first canceling the earlier sale-deed. The names of the persons recorded as owners in Patwari’s records were not given any notice and the whole land was transferred in the name of Bharat Agrawal’s Agrawal’s fraud fraud Company Company ‘R.K. ‘R.K. IInvest nvestment’ ment’ by the KALINAYAK 101
Upper Tehsildar. Tehsildar. This was an open violation of rule number 27 of News transfer rule. Property of crores in hundreds The co-operative inspector Sonania was greedy. Sonania sold the land worth crores very cheaply and he pocketed commission of crores. It appears that Sonania had learned the tricks of corruption in his childhood. Co-operative Inspector Sonania misused his post for the sake of harming the members of the society in a well planned manner. manner. Formula for success success is “invest in paise and get in rupees”. The date on which the registry was made, on that day the value of the land as per Collector guide-line was Rs.56.70 lakhs. So government permission was needed for selling it at a price Rs. 20 lakhs short of the above price but it was not done. So the government lost Rs.26 lakhs in this deal.
FIR filed The ex-President of ‘Rastriya Ustan Grih Nirman Sahkari Sahkari Samiti’ Samiti’ filed F.I.R F.I.R.. against against Sonania Sonania and others.The Bureau framed case in Crime No: 28103 Section 120…………………..13(1) of P.C.Act. P.C.Act. Suspension of Sonania State State Economic Offences O ffences Investigation Bureau, Bhopal registered Criminal case against Sonania for illegal sale amounting to serious irregularity, as a result the Commissioner and Registrar, Co-operative Society, M.P. M.P. Bhopal suspended Sonania on April 25, 2004. Member of the Society, Babulal Azad appealed to S.D.M.(Revenue), Bairagarh against the Upper Tehsildar’s transfer order.
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The hearing in the above appeal was fixed on July 10, 2006. As the Tehsildar had not intimated the “Rastriya Uthan Grih Nirman Sahakari Society” about the proposed title transfer, the S.D.M. cancelled the title transfer in the name of R.K. Investment. As the Samiti had executed the sale-deed in name of its members, so the Samiti had no right over the the said land. As the Samiti had no right over the land, the receiver also had no authority to sell the land. On April 24, 2003 Magistrate-Class I, Bhopal gave stay order in favour of the Samiti Members and ordered to maintain status quo of the land. Co-operative Inspector Sonania appealed against this order in the District Court. On this appeal the District Court also ordered the Status quo to be maintained in its order dated June 20, 2003. On May 22, 2002, Mahammad Jahoor and 9 others filed a case in the Court of Magistrate Class II vide case No: 1A. /2002. The Magistrate on Jan.13, 2004 declared the members of the Society the owners of the said land and ordered the respondent co-operative Inspector not to evict them out of the said land. The conspiracy to dissolve the society failed On October 4, 2006 the Deputy Registrar without hearing the Society had unilaterally dissolved it and appointed Sonania as the receiver. The Society appealed against its winding up process to the Registrar, Co-operative Society, joint Registrar, V.S. Vaskal in his order dated Oct. 12, 2004 declared the order of Deputy Registrar incorrect and quashed it. He also ordered for fresh elections. Revenue Branch’s crookedness Collector, Bhopal was respondent in the above legal case. He was in the knowledge of Court’s stay order. KALINAYAK 103
Even then the Revenue (Nazool) branch of the Collectorate issued a NOC with a condition that if any dispute regarding this land was pending, then this NOC would be treated as cancelled. It is clear that under the pressure of Bhaskar Group, the Nazool Branch of the Collectorate issued the NOC which amounted to contempt of Court as stay order had already been given by the Court.
Pathetic condition of Court orders Inspite of the above Court orders, the R.K. Investment Company transferred the above land in its name in the revenue records secretly. secretly. It also applied for residential use of the land instead of agricultural use. The MLA Rakesh Choudhary got it diverted to residential land through the then Housing and Environment Minister Rakesh Choudhary. With the land becoming residential, the Bhaskar Group constructed and sold Duplex Bungalows immediately. High Court decision On Nov. 18, 2005 in the initial hearing of appeal No. 208/2005 the High Court, Jabalpur ordered for maintaining the status quo till next hearing. In the posh colony Aditya Aditya Avenue Avenue’’ the residents residents will go on living, and the real evicted owners will go on fighting case. .
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CHAPTER 11
D B MALL LAND SCAM So far Ramesh is seen doing down his parents, and uncles. Now, he takes on the State State,, simply simply to cheat cheat it of some land and taxes. taxes.
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Ramesh’s Mall standing on the grave of 500 huts of poor. In the capital Bhopal in Maharana Pratap Nagar near the Office of VYAPAM there was the slum of Sanjay Nagar on the government land. The people of Sanjay Nagar slum had a good support. The residents of the slum worked in the nearby colonies as guards, gardener, and sweepers. Their women-folk worked as domestic help. All in all the poor people used to earn their livelihood by doing petty jobs as labourers.But now you will not see any activities of the poor here. The daily wage earners have been evicted from here, and they have lost their homes. Their world is distraught. Now the land is empty and On the em empty pty land now-a-days sky scrappers are visible. The jhuggis of poor have been crushed by the big tall buildings.
The First day of the conspiracy In June 2005 a meeting of Land Reservation Committee formed under the chairmanship of Secretary, Housing and Environment Department was held. In the meeting looking to the location and market value of 5.90 Acre Land of Sanjay Nagar, a decision was taken.As per this decision it was provided that the
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above land was to be reserved for allotment to M.P. Housing Board for making commercial use of the land. Some terms and conditions were kept.
Agreement of the year 2006 On Nov. 20, 2006 an agreement was finalized between M.P. Government and M.P. Housing Board. The documents are evidence of the fact that at that time itself the State Govt. had clarified all the terms and conditions. Four important conditions. The Revenue Department in its agreement at the time of allotting the land of Sanjay Nagar kept this condition. This was that the Housing Board itself would make use of the land that the Govt. got evicted in Oct. 2006. This was the 16th condition the Agreement, which clearly mentioned that the land was non-transferable. The meaning is that the Housing Board could not transfer this land. Second condition – The Board would use the Land for commercial purposes. This was the second condition that the Housing Board would construct buildings for commercial purposes and use it itself. The Housing Board would not sell the land to any other party. Third condition – If the land wasn’t used for the declared purpose then Government would take it back. One more condition was was there for allotment, this was that if the land was not used for its declared purpose, or if its use was stopped later on, then the government would take back the land and all constructed buildings and property on it, in its possession. possession. The allottee would also not get a single paisa as compensation. KALINAYAK 107
Fourth condition - Land Premium of Rs 44.70 crores and Rs.3.35 crores annual rent The revenue department as per the nazul guideline fixed the land-rent of this land. The Annual rent of the land was Rs. 3.35 crores. Under special conditions premium of Rs.44.78 crores was the base on which this land’s permanent lease le ase was allotted to Housing Board. In this way from the year 2006-07, for a period of 30 years this land was leased on annual rent of Rs.3.35 crores. These conditions of the Government were as per the legal provisions. Clause-16 of Revenue Book circular was the base of these conditions. In clause 16 clearly states:
Object of Land allotment Govt. land can be allotted only for educational, cultural, religious, charitable or public objectives. If the object is changed to some other than the above, the transfer for allotment is prohibited. This is illegal. Private party (person or trust) will not be eligible for getting this land The development of land would be carried out only by Govt. agency, agency, registered society or public trust. But, the law was broken. Rule 26 of revenue book circular says that a plot of more than 3000 sq. feet area will not be given for building construction to a person. Rule 26 also states that the allotted plot cannot be sold till the expiry of 10 years. But In Sanjay Nagar’s case this rule was thrown thrown to the winds. Ramesh was given more than 3000 sq. feet of land for construction of the Mall. What is more, he started selling it with with full confidence. So the land measuring 2 lakh 57 thousand sq. feet handed over to to Ramesh is violating two rules, One is
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that he has been given more land than the scheduled and two he is filling his pockets by selling under construction shops to Project users. As the government had given the land to the Housing Board, and to whomsoever the Board allotted that land, is also bound by the above conditions, now and in future also. From the above, it is clear that the land cannot be given for business. But even then the Housing Board by giving the land to D.B. Mall violated clause 26.
The land cost Rs.51.49 crores. The Housing Board had taken the proper possession on April 29, 2006 itself. The Board deposited d eposited Rs. 44.78 crores in Govt, Account as premium. The rent of Rs.6.71 crores was also paid to the govt.This rent was for two years 2006-07 and 2007-08. In this way in the head of land, the Housing Board paid total Rs.51.49 cror crores es The deal finalised finalised without Governmen Governmentt permission. You saw that first condition of the agreement was – Board itself would use the land, secondly Board would use it for business purposes, thirdly if the land was not used for the scheduled use then it would be returned to Government. But the Board did not follow all the three conditions. For selling this land the Board didn’t take permission from the Revenue Department. So Board sold the land without Government permission. The condition of compliance was made a plaything. The fact is that to try to terrify Ramesh and his biased friends was foolishness. Non-transferrable Non-transferrable land transferable transferable The truth is in a hurry, the Housing Board before Govt. approval in Sept. 2005 to benefit Ramesh had invited KALINAYAK 109
tenders for transfer of lease land. This is not a shocking thing that the Housing Board invited open tender for handing over lease land to individual party without the Govt. permission.This tender as per Clause-16 of Revenue Book was nontransferrable. Despite this the land was handed over to Ramesh.This is not shocking because no rule of the nation applies to Ramesh. Therefore, the Board instead of taking permission from the revenue department chose to bypass it. Anyhow, the board accepted the highest bid of R.K. Investment Pvt. Ltd. The Company’s highest bid of Rs.64.65 crores was accepted in March 2006.The Board entered into a contract with the Company in Dec. 2006 for 30 years for land transfer. As per this contract, the premium payment of land would be done in 18 months on installment basis.
Land sold without becoming owner The Board sold the D.B. Mall’s Sanjay Nagar’s land without becoming the owner. So it is really interesting that you sell something which you do not own. M.P. Housing Board before taking the real lease, before actual allotment, leased out the 5.90 Acre land to R.K. Investment Pvt. Ltd through open tender. So the Board also cheated the law by acting in this way. Silent violation of allotment conditions It is crystal clear that the Board made a blatant violation of the allotment conditions of land and did not use it itself. Not using it for own use, the land allotted on lease basis to it, the Board sold the land to Ramesh secretly like a criminal.
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No right to transfer lease rights. In this case the then revenue Secretary on June 22, 2008 ordered to cancel the whole process. He argued that the aim with which the land was handed over to the Board was not fulfilled.The Board had no right to transfer the lease. Violation of Allotment conditions but no action. It is clear that the Housing Board had not used the land for its designated purposes but neither the Government took back the land nor it took action against the guilty officers. Ministers and top officers under the pressure of money and power kept silent and slept. Collector, Collector, Bhopal transferred the land to the Housing Board contrary to the provisions of Rule-26 of R.B.C. Act. The Board later on played a secret game with D.B. Mall. On the broken dreams of poor people the base of sky scrapers were laid. The poor, powerless people kept on weeping and with the bricks of selfishness the buildings began to take shape. Treachery with law, Government’s helplessness. There must have been some problem with the government and its officers for their disobeying and disloyalty to the rules and the poor people. We should try to unravel this secret. No person in his senses would come against Ramesh openly and say “Kill me if you can”. Bad publicity was to be avoided. This is why the government pawns followed the dictums of Ramesh to save themselves from mis-publicity in the newspapers. It must have been said that we will permit you to build the Mall, but you must not print anything against us. You build Mall and give us money and let us rule in KALINAYAK 111
peace for 5 years. Whatever task Ramesh undertook it not only violated law but also amounted to destruction of Government and public interests. Govt. lost Rs.6.71 crores. After uprooting poor from the land, the place where D.B. Mall is coming up, in the deal the government lost not 1 or 2 but Rs.6.71 crores. This sensational revelation was made in the report of Comptroller and Auditor General (CAG) of India’s report that was in the latest presentation made to the Vidhan Sabha for the year ending March 31, 2009. Irregular contract in land transfer, giving undue benefit in payment scheme and lateron in the rent of leasehold the Government incurred loss of Rs.6.71 crores.
HOW THE GOVERNMENT LOST? Housing Board had entered into an agreement with R.K. Investment that was involved in individual auction. This agreement was for lease-hold transfer for a period of 30 years. As per the contract, contract, the premium of the land was to be made within 18 months.The signed documents are proof that till June 2008 after full payment, the lease agreement was to be executed. The lease deed was to be effective from the date of execution.R.K. Investment had deposited the last installment in June 2008. CAG report also states that the time period given in Dec, 26, 2006 contract was against the conditions laid down in the agreement with Govt. dated Nov. 2006. As per the contract with the govt. the tenure of the lease was to start from 2006-07.The lease documents were prepared on Oct. 13, 2008 and from that date it was leased for 30 years from 13,10,2008,
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The Housing Board which was bent upon benefiting Ramesh, who had broken all the terms and conditions, and so the agreement started from 2008 instead of 2006. The contract made by Housing Board with the bidder for payment of premium and execution of the lease-deed was illegal. In this way, by giving extra period of 18 months for payment of premium, the Housing Board incurred a loss of Rs.6.71 crore to the Govt.
Govt. Loss but no action The Govt. did not react at this huge loss in the revenue. The CAG sent a report of this to the Govt. in May 2009. 200 9. But even then Govt. kept on turning a blind eye. It appears as if the govt. is sleeping. Deputy Secretary of Housing and Environment Department informed CAG in Dec. 2009 that explanation has been sought from the Commissioner Housing Board and on getting the explanation in reply they will inform the CAG. But the thing is lingering on. The Housing Board has maintained its stony silence and chronic blindness. It did not give any reply. reply. In the governmental insipidness the Rameshian Scam would go unnoticed. The lease deed stretched for 2 years The Housing Board’s execution of lease-deed with a private firm was open violation of Govt. provisions of contract. As a result the tenure of the lease was increased to 32years instead of 30 years. This extension of 2 years was profit for Ramesh and loss for government. The government permitted the extended lease agreement till Nov. 2038 (32 years) and regulrised the KALINAYAK 113
deed for payment of Rs.6.71 crores.So, the Company of Ramesh was given 18 months extra period for payment of premium This resulted in a profit of 2 extra year time for Ramesh’s Company. This initial loss of Rs.6.71 crore was just the beginning and not the end. Le us see how the government incurred second loss.
No penalty, no stamp fees. The D.B. Shopping Mall built on Sanjay Sanja y Nagar land was defaulter to the tune tune of Rs.14.20 crore crore stamp fees. For payment of this stamp duty the Collector of Stamps Stamps had issued notice on Dec. 28, 2007 against Mall administration. Ramesh was given an ultimatum that he had to pay the outstanding amount within 7 days of the order. order. The then District Registrar had already stated that the fees of stamp of lease agreement of land situated at M.P. Nagar was not paid. For this a case case (No, 2/B-1 03/0708) was registered in the Court of Collector of Stamps. The order made it clear that as per the agenda of Dec. 26, 2006 D.B. Mall was debtor of crores of Rupees. The outstanding amount of stamp fees Rs.7,10,15,245 and the same additional amount totalled to Rs. 14,20,30,490/Collector of Stamps and District Registrar had ordered to deposit the due within 7 days of the order. But no result ensued. Not 7 or 70 days but innumerable days went by and the ‘Kalinayak’ did not pay the the fees. Order cancelled ….loss of Rs.14 crores. It is noteworthy here that on the nod of the Government the officers bent upon selling land worth crores for almost free ultimately got the decision in favour of D.B. Mall and govt. lost crores in revenue.
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With the collusion of Officers, Board of Revenue quashed the order of revenue payment. The name of R.K. Investment nowhere in Government records. You have read that instead of using the land itself, the Board invited tenders for selling the land in an illegal manner. In the Housing Board four firms had presented the financial bids. These were R.K. Investment Investment Ltd. of Bhopal, Parasnath Developers Pvt. Ltd., Delhi, DLF Universal Ltd, Gurgaon and Phoenix Mills Limited, Mumbai. As R.K. R.K. Investment Investment succeeded succeeded in the ‘bid’ the land was given to it. In reality it was all a formality. The cabinet had decided to give the land on the basis of the bid of R.K.Investment, but how the name of R.K.Investment vanished from the Government records in thin air. air. This is a great mystery that how from the records of Housing Board and State Government the name of actual Company R.K. Investment vanished. The whitener did the trick and D.B. Mall came into existence. Now the records show that the land of Sanjay Nagar was given to D.B.Mall Private Limited under the Right to Information the Housing Board is also providing this information that Sanjay Nagar’s land was sold to M/s D.B. Malls Pvt. Ltd., M.P. Nagar, Bhopal. It seems as if with the help of whitener the name of D.B.Mall has come in place of R.K.Investment. Without making any bid, D.B. Mall procured land. The interesting thing is that the land on which D.B.Mall is presently being built, in that technical and financial auction held by Housing Board, the D.B.Mall Pvt. Ltd., never participated. Now the question arises is when D.B.Mall never participated in the auction then how come the land has been sold to it by the Board. KALINAYAK 115
Manipulation in.records is Ramesh’s old speciality. The slum-dwellers of Sanjay Nagar deceived. The land on which the D.B. Mall is coming up incurred loss to the Govt. in crores and thousands of erstwhile slum-dwellers of Sanjay Nagar find themselves cheated even today. today. The administration has rehabilitated them in far flung areas. No adequate arrangements have been made for them. From centrally located Sanjay Nagar they have been thrown away to far away areas like on the banks of Sarvadham Culvert, Bagh Mughalia, Near Naya Pura Hospital and Shahpura. They have to spend a big amount on local conveyance daily as they have to come to the city for their labour work. Many labours have lost their livelihood also. But the administration is worried only about Ramesh and no one else. What about the promises, the Resolutions? When these slum dwellers were removed, the Govt. had made tall promises which were not fulfilled. fulfilled. At that time time they were given some amount for cartage, bamboos, polythene and a ‘patta’ for small plot. They They were promised pucca houses by the Government but these people and their family even today are leading a hellish life in the absence of basic amenities of life. Here there were 950 Jhuggis and thousands lived. All were evicted but not everyone was given ‘patta’. What to talk about ‘Pucca” house these people have not even been given toilets, street lights or potable water.
Govt. incurs losses in rehabilitation also. In the agreement of lease the condition was there that the arrangement of 5000 people living in sanjay Nagar
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was to be made by the Company taking the lease. Despite this the Housing Board bore the rehabilitation expenses. These people were adjusted in some of the vacant houses for lower income group category of the Housing Board. They have not got any ownership rights of these houses. The history of Sanjay Nagar’s invaluable land is full of sorrow and pathos First of all the Panchayat and Rural Development Department had wanted to extend the Bhopal Hat on this land of Sanjay Nagar for artisans. The department had asked for this land to expand its Bhopal Hat Area to provide a market for the artisans of the whole country to display their products for sale. M.P. Housing Board and Bhopal Development Authority had demanded the land for residential and commercial purposes. On June 16, 2006 in the Secretary level meeting of Land Reservation Committee, demand of these 3 major Institutions were considered and it was discussed that to which body the land should be transferred? Due to the collusion of top officials and Housing Board Officers the desire of Panchayat and Rural Development department could not be fulfilled. So their public interest motives were defeated. State Government overlooked them and gave this land to M.P. Housing Board, which was later on given to D.B.Mall. In this way land landed in the hands of D.B.Mall Directors.
The Artisans ignored. The aim of establishing Bhopal Hat was that the artisans of the country could get a big marketing center for their hand-made products. There is a rule that near KALINAYAK 117
and marketing center of artisans no private market should be built. But now D.B. Mall is being established established without proper authority. This will mean a huge loss to the skilled workers of Bhopal Hat. The number of tourists and buyers would also be reduced. The buyers will be attracted to bigger, shiny markets and the smaller artisans will die.
No freedom from middle-men . In Bhopal Hat not only the artisans would have received more buyers for their artistic products, but because of absence of middle men they would have received proper price for their products also. Residents of Bhopal and tourists coming to Bhopal would also have received the artistic hand-made products at low and concessional rates directly from the producers. But this is not possible now. All these possibilities have now ended completely. Ramesh has got nothing to do with labourers, Actors and Artisans. Ramesh’s principles are very clear that my work should be done and the rest go to hell. But the story doesn’t end here, fourth loss of government. Mall’s construction, Park’s destruction Near this land the VYAPAM had developed a beautiful garden after hard work of moths and at a cost of Rs.33 lakhs. Here imported grass and plants were planted. Truck loads of soil were used to fill up the ditches.To provide 12 mt. wide alternative road to the D.B. Mall, Vyapam’s garden was destroyed and the road built. Rs. 33 lakhs in the drain ‘Vyapam’ tried its its best to save its garden. ‘Vyapam’ and Finance Department raised severe objections against
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this proposal. Even then to benefit the owners of D.B. Mall the Housing and Environment Department allotted this land to them. After Cabinet’s approval road was built on this green patch.
Invitation to accidents In its objections Vyapam had stated that thousands of students flock its premises for different examinations daily. daily. By the conversion of the park into road such students and visitors would be deprived of place to sit. In the present condition itself number of accidents takes place on the entry gate of Vyapam. The new road would result into increased vehicular traffic and the possibilities of accidents. But the government is least concerned with the inconveniences of the public. Only Ramesh’s work should not be hampered. Rules and Regulations bypassed for DB Mall. The rule stipulates that the gate of the construction done on the side of National Highway should not open on the main road. The D.B.Mall being constructed. On the side of NH-12 is having its exit gate on the main road, and this may prove to be the gate of death The rules are framed for preventing accidents and ensure safe traffic. Overlooking of the rules would result into more accidents, but nobody is worried. Sanjay Nagar’s precious land on which the D.B. Mall is being built, many plots were hatched at every stage and the rules and regulations were played with. After the eviction of Sanjay Nagar dwellers the land of revenue department allotted to M.P.Housing Board, in its reservation and allotment also a big scam was perpetrated. Read one more scam. KALINAYAK 119
D.B. Mall given unreserved land. In 2006 when reservation provision was made the Collector had reserved reserved the land of ‘Khasra’ No. 1509 of 5.30 acres, and not of 5.90 acres. Due to the corruption of officers even that land was allotted to D.B. Mall which was not even reserved.The then Collector and Commissioner of Bhopal had also not recommended the allotment of this land, but even then the land was allotted. Wrong reservation proposal bearing: Land measuring 0.60 Acres ‘Khasra’ No. 151 1511 1 was not reserved. So the Collector had calculated land permission and land-rent on the basis of 5.30 acres of land. The land which the Housing and Environment department had not included in ‘Khasra’ No: 1509 was was also shown to be in Khasra No. 1509 and wrong reservation proposal was prepared. In September 21, 2006 the Upper and Deputy Secretary of Revenue Department had also drawn the attention to this point, but their objection was ignored and the unreserved land 0.60 acres bearing Khasra No. 1511 was also given to D.B. Mall When the process of land allocation was in progress the Collector and the Commissioner had expressed their dissent. The two Officers had not recommended the land allotment and proposal under point No” 25 of R.B.C. 4(1) was sent to to the State State govt. Under this point before allotment many other things are to be considered. considered. For instance, local body proposals, consent of owners near the land, the inspection report, for which purpose land would be used, will any one be disturbed by such allotment, layout all such dimensions are to be thought
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over. But all these important points were overlooked and the land was allotted. Board went astray The Housing Board was given the land on the condition that it would utilize the land as per 1972 Act. It would make development proposals under Section-33 of the Act. This section says says that the Board would construct series of residential houses. It clarifies that the building of D.B. Mall was a subject outside its jurisdiction. Section (34 A) empowers the Board to make development schemes and subsection-2 states that under the development scheme bridges on rivers, big roads, highway, urban water supplies system, sewerage system or other similar activities can be included. It becomes very clear that that the building of the D.B. Mall is totally illegal. Section 34 permits the Housing Board to make land development plans. The Section imbibes the objective of converting the land into a residential colony, but in it no place has been given to plan of Shopping Mall. Ramesh can teach many of us how to cheat the law of the land? MP Town and Country Investment Act – 1973 In Section 33 of this Act it is clearly written that T & CP is its compete competent nt authority authority.. Section Section 49 and subsection 3, 4 & 5 specifically talkss about shopping centers and commercial and industrial development.
Ruthless government system Government and its body Housing Board did not fulfil their social responsibility by not building residential apartments and economic houses in the vacant land of Sanjay Nagar, Nagar, Instead it handed the land to D.B. Mall in a very suspicious way. KALINAYAK 121
The downtroddens were further crushed and the base was built for the bourgeoisie. Such buildings were constructed in the land where a poor man would not venture to come. This conspiracy was hatched to oblige the powerfuls. The government and Ramesh are one, you must have understood this. Housing Board purchased the land from the government for Rs.35 crores. Land rent of Rs. 2 crore was paid. Board has spent Rs.1.92 crores for providing pucca houses to Sanjay Nagar Jhuggi residents. Government claims that Rs.15 crores would be spent in rehabilitation. So the marriage is Ramesh’s Ramesh’s and the State State Government incurs the expenditure. The truth, in essence, is that expenditure of government is borne by the common man, the tax-payee.. In this order to give road to D.B.Mall that leads to NH end, the well developed garden of Vyapam worth Rs.33 lakhs ,was destroyed. Even now the rehabilitation of 5000 poors is yet to be done. What was the profit earned by Housing Board when it had spent more than Rs.64.65 crores in buying, providing pattas to the evicted and rehabilitation and also Rs.33 lakhs that was spent by Vyapam only to destroy its garden and other expenses, and then selling the same land to D.B.Mall at a cost of Rs.64-65 crores. Ramesh after getting the wrongful allotment of Sanjay Nagar land is exploiting it fully. fully. He has no fear or regrets for what he has done. For his offences offences he was to be punished but he is enjoying life. Now D.B.Mall is in the last phase of its construction and we can say -D.B.Mall enriches Ramesh and others become bankrupt.
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CHAPTER 12
INCOME TAX EVASION There are many ways to make money - by evasi evasion on of tax or by by hiding hiding income or making money through questionable ways. ways. Our Ramesh, a media man, evades income-tax through doubtful exports. exports.
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Under the cover of Dainik Bhaskar, Ramesh Chandra Agrawal and his family accomplished many wrong and incorrect and illegal tasks. Out of which some were exposed and many others were cleverly hidden. In this series let us know about one more black deed. It so happened that Assistant Commissioner, Income Tax Bhopal under the Income Tax Act, Section 147, 147 (3), passed the ‘Assessment Order’ of Bhaskar Group’s Group’s Company like ‘Bhaskar Trading Corporation, ‘Galaxy Internation International’ al’ and declared declared them defaulter defaulter in tax theft and tax fraud cases. The Income Tax Department declared them guilty of converting their black unaccounted money into while through hawala. It is noteworthy that Ramesh comes from such a profession where white papers are blackened. This habit of converting black into white and vice-versa also seeped into his other professions.
Fake export gang busted in Jaipur In his order dated March 3, 2006 Mr. S.K. Chatterjee, Asstt.Commissioner, Income Tax, Bhopal wrote that on June 19, 2003 Income Tax Department, Jaipur raided ‘Sanjeev Prakashan Group’., Group’., when it came to light that this Group was involved in making and giving forged bills and making fake entries of import-export. This gang is part of a big Export Racket. Among these M/s ‘Anmol Ratna’, M/s ‘Shruti Gems’, M/s ‘Tirupati Balaji Gems’, etc. and more than 7 firms had
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prepared fake bills of Gems and Precious stones and had given to plotting companies of Bhaskar Group.
Business of selling Bills. These firms only made the bills and they did not give any goods. No kind of sale-purchase was done by these firms. Only drama of sale purchase was enacted. On July 22, 2003 Income Tax Tax Department recorded the statement of Om Prakash Ghia the owner of ‘Anmol Ratna’ during the the hearing hearing of the the above case. The verbatim account is as following: “In ‘Anmol ‘Anmol Ratna Ratna’’ I have have not done any any actual actual purchasing or selling. Have only given the entry of bills. In return of these bills my concern ‘Anmol Ratna’ has not supplied any goods. To give entries of bill to others I had to have stock. So my firm ‘Anmol Ratna’ has taken the import entry. entry. It is bogus. Other than, this no purchase in local local property has been made”. no goods were purchased or sold in this business The business of selling the bills was carried out at 0.4% i.e. for a bill of Rs.100/- you had to pay 40 paise.The business of selling goods without having any goods was very easy. No tension of buying or selling the goods. The crores of rupees deposited in the account of firms like ‘Anmol Ratna’, that money instead of being depositing in the account of other supplier was immediately withdrawn in cash It was so because when you don’t have to sell the goods why buy? In the raid by the Income Tax department the offices of M/s Anmol Ratna and M/s Shruti Gems were situated in byelanes. In these fake fake offices no stock, Account KALINAYAK 125
Books, Bill Books, weighing machines, Telephone-tax, servants, etc. were found. These offices were not offices but they were fake centers opened in the houses by Ramesh’s supporters. The offices were shown only on paper and they were fake offices. This is because the money that was transferred was withdrawn by the boss of the racket Rakesh R.Puohit and his subordinates. So these firms which were under the category of use and throw servants, remained poor till the very end.
Mastermind …. The interesting thing is Om Prakash Ghia and Umesh Sahu the so called called owners of ‘M/s Anmol Ratna’ Ratna’ and ‘M/s Shruti Gems’, in truth, were mere pawns. Behind them was the master-mind of racket ‘Laluji’ of Jaipur. Jaipur. So the bigger thief got the smaller thieves nabbed! These events teach us that at the time of supporting thieves we should not forget that he can steal own property also. Without selling Bhaskar Bhaskar Group earned crores. Bhaskar Group’s Companies like Bhaskar Trading Corporation and Galaxy International Bhopal that got the fake bills of the gems, showed it as exported to foreign foreign countries. In the name name of export to foreign countries, the Group showed it as having sold it at double rates and having earned profit @ 54%. It implies that a thing purchased in Rs.100/- was sold for Rs.220/-. At that time in the same business the the profit of actual firms was only 6 to 12%. Cheaters of Crores remained poor only The entertaining fact is that the Bhaskar Group which earned crores by buying gems remained poor till the very end. end. The owners owners of ‘Anmol ‘Anmol Ranta’ Ranta’ and ‘Shruti ‘Shruti
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Gems’ belonged to lower middle class for ever. There was no change in their economic status. They did not go anywhere and as a result did not reach any place. They were only false pawns of Ramesh’s Board. Anyone who cheats you is ‘thug’. But one who robs a ‘thug’ is called the King of thugs. thugs. This is the the RameshRameshfamily. One who has befooled the Income-tax department? On viewing the State State Bank Accounts of ‘Anmol Ratna’ and ‘Shruti Gems’ Gems’ it becomes becomes clear that their standing standing was not even of lakhs, and these firms gave loan of Rs.10-10 lakhs worth stones so that Dainik Bhaskar Group could earn crores for free. When a foreign customer paid Bhaskar Group’s Company in dollars, then the Bhaskar Group Company paid M/s Anmol Ratna, etc. by cheque dollars, and then the Bhaskar Group Company paid M/s Anmol Ratna, etc. by cheque and took back the money in cash.
Fictitious foreign customers of Bhaskar When the income Tax Department asked the Bhaskar Group Companies to give copies of sold goods bills, purchased goods bills, the telephone numbers, names and addresses of their suppliers and foreign buyers, they could not give any relevant information. When the Bhaskar Group was asked to furnish the details of their employees and staff then also they kept silent and did not reply. The interaction with foreign buyers was not on telephone but with telepathy. telepathy. The profit and Los Account submitted by the Bhaskar Group to the I.T. Department does not show any expenses on telephone. Can anyone imagine of an export business in which you don’t need to talk to your KALINAYAK 127
foreign customers on phone? Does it imply that the whole business was run with telepathy? telepathy? This is formula of doing export business in thin air. IT evasion evasion done by colluding with with fake export gang Bhaskar Group’ Companies on the basis of fake bills received from fake firms, showed income of crores in their I.T. I.T. returns, and claimed IT relief under Section 80 HCC of IT Act, and in this way cheated cheated the Department by crores. This was a conspiracy conspiracy to try to convert own un-accounted income into white money.
Why profitable business was closed? From the year 1999-2000 to 2003-03 by these scams Bhaskar Group companies showed windfall profits in their accounts. accounts. But the moment moment the case case was caught, caught, why did it close close the fake profitable profitable business? Why you must have known by now? Forgery became the prize. Five years had passed since the Asstt. Commissioner issued the orders but,no one was punished for this “organized Crime” as no criminal case was registered. No penalty was recovered for Hawala and ‘Money Laundering”. From where did this black money come to the Bhaskar Group? Did this money come from blackmailing or from drugs business or from any other source. No attempt was made to know about this.
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CHAPTER 13
BLACKMAILER RAMESH Sometimes even a blackmailer’s blackmailer’s bluff bluff can can be call called ed..
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All the blackmailers constitute a gun in one form or another. Ramesh has a blackmailing weapon in the shape of his Newspaper through which he keeps on firing. Anyone who is weak and susceptible susceptible he goes after him and demands lakhs and crores from him. He says that you must offer bundle of notes or he will publish series of news items against you.
One Example Took bribe of Rs. 30 lakh from a big business house of Bhopal not to print news against it. Two cheques were given to him in bribe. The first was of Rs.25 lakhs, bearing the No. 306767 dated April 1, 2003. The second cheque of the same date bearing No. 306770 was of Rs. 5 lakhs. This cheque was of SBI’s IFB Branch, Bhopal and the beneficiary was Ramesh. Ramesh hurt himself If Dainik Bhaskar is popular it is dangerous also. Ramesh has terrified so many with his gun of Bhaskar that to defend themselves from its bullets they themselves started daily newspapers. They thought that instead of giving bribes and advertisements, it is better to run their their own daily paper. paper. This has adversely affected the Bhaskar interests in the long run.
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CHAPTER 14
FRIEND OF TRAITORS Nothing is bad for a bad purpose! Hoping to benifit ben ifit through roughnecks Ramesh doesn’t hesitate to rub shoulders shoul ders with even traitors.
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Dear Countrymen, now just know what is the relationship of Bhaskar with the enemies of our country?.Before this you should know about such traitors.Do you know that? Who was Iqbal Mirchi alias Mohammad Iqbal Menon alias Iqbal Mohammad Shaikh? The name n ame itself implies his acts. He was hard core terrorist. In 1993 Mumbai was rocked by bomb explosions. In the bomb attacks more than 300 people died. He was their killer and sponsorer of terrorism. International trader of drugs . He was a drug tycoon who had destroyed many young lives with his drugs. So much so that the then American President George W. Bush had kept him in the list of top ten drug lords (kingpins) and thus honoured him in the world of crimes. Active Active Member Member of ‘D’ Comp Company any . He was was a major partner of Dawood Ibhrahim. Dawood had anointed him h im as mirchi. He was Dawood’s man; whenever he called called him he was present.Whatever he asked him to do – he complied and obeyed. He was the number one
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lieutenant of Dawood and very dangerous, for assessing this let us know about the Company’s business. ‘D’ Company’s Company’s business Providing money, weapons and network to the terrorists. Murder by taking money (supari),India’s biggest gold smuggling company. You cannot count how many women have lost their husbands, mothers their sons because of ‘D”’ Company. Company. Around the year 1991 this King of Crimes (DON) ran away from India.
Iqbal in Arrest The day was September 2, 1994 on which the Court ordered the arrest Iqbal under U.D.P U.D.P.S .S Act. On Oct. 20, 1997 the Government ordered the forfeiture of his property. Underworld Don Iqbal Menon was hiding. At that time to save his property from government annexation it was decided to gift his land. In the history of o f Deputy Registrar, Bhopal’s office the day of June 15, 1999 would be remembered as a black day. day. On this day Iqbal Mirchi’s Mirchi’s property at Bhopal was gifted to his fake sister Mrs.Hawa Bai through registered gift deed. In this way the property that was in the name of Iqbal’s wife Bibi Hina Asif was transferred in the name of his so-called sister-in-law. sister-in-law. Fake Mumbaiker sister The office of the Deputy Registrar was informed that Iqbal Mirchi and his wife have given Power-of Attorney to Humayun S.Merchant. Through this so called Attorney holder the Mirchi family transferred the above property to its fake sister, resident of Kedar Manjil, 16 KALINAYAK 133
Caudos Road, Mahim, Mumbai-16. The law stipulates that the gift-deed is justified only in the case of blood relations. So in a well-planned move move fake sister of run-away Mirchi was created. Fake holder of o f Power of Attorney. The fake holder of Power of Attorney of Iqbal Mirchi and his wife has signed differently in different giftdeeds. This shows shows that a fake fake person posing as attorney holder has transferred the title of the land. The second thing is that Iqbal Mirchi had run out of the country in 1991 itself, so how could he give Power of Attorney to anyone in India? No it was not possible. There is no chance that he has himself signed the Power-of Attorney. Attorney.
Gifted property worth crores India’s biggest gold smuggling company Mirchi’s property situated at Nadir Colony, Shaymla Hills, Bhopal (Plot No 18/1) was built on Municipal Corporation’s 5038 sq feet plot (1679 + 1679 + 1680) was worth Crores of rupees. Through three different gift deeds Iqbal Mirchi gifted this property to his fake sister. sister. Similarly through two gift deeds Mirchi’s wife Heena Asif gifted land measuring 3358 sq.ft (1679 + 1679) with constructed building to her sister-in-law. Next day again i.e. on June 16, 1993 Iqbal Mirchi’s wife Heena Asif gifted the plot of 1680 sq.feet at the same place to her sister-in-law through gift deed. The question in this whole drama is what was the role of Dainik Bhaskar? The Bhaskar’s role was small but powerful.Under the patronage of Ramesh’s Dainik Bhaskar the traitors of the country were cared for. Ramesh’s lease holder.
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Manmohan became the introducer of Traitor. Both the parties involved in the above deal of gift were outside Bhopal. The attorney holders of the Mumbai’s Don and his sister were also unreal. On the documents of land-transfer i.e. the registered gift-deed, Manmohan Agrawal the lease-holder of Ramesh’s Dainik Bhaskar, Jabalpur has signed as a witness. On June 15, 1999 Man Mohan had signed 5 illegal gift-deeds and again on June 16, 1999 he signed on the gift-deed as a witness. To save the Company of this hard-core terrorist from government annexation Manmohan became a party to it, on the contrary as a media-man. He ought to have exposed this drama of gift giving. This was an off-shoot of keeping Ramesh’s company. The question is whether this fact remained hidden or what did it expose in due course of time? The secret was out. Time did not help. The secret was revealed.Govt of India in its order dated Nov 10, ’99 declared that the property at Bhopal has been illegally occupied by Iqbal Menon. Through the so-called gift deeds of 15 and 16 June ’99, Iqbal Menon and his wife through their agents and Attorney holders were hatching a plot to name the property at Shyamla Hills in the name of Hawa Bai Ali Merchant. The aforesaid deed is contrary to the spirit of good faith and is not genuine. This is being done only to save Iqbal’s property from Government annexation. The Govt. of India directed the Collector and Commissioner, Municipal Corporation, Bhopal to stop the sale and transfer of the above property in any case. Hawa Bai in Air KALINAYAK 135
The so-called Hawa bai vanished in air itself. Later on it was also learnt that she had gone to jail. So this was Bhaskar’s pawn. Traitor’s friend Mirchi died a dog’s death. But the soul of thousands who lost their life pre-maturely because of drugs is asking questions to Ramesh’s brother Manmohan Agrawal. Why did Manmohan not inform the government about the property of this drug lord in Bhopal? He should have done this as the duty of a responsible citizen. Why did you put your signature on the fake transferdeed of the illegal property in the capacity of a witness? Why did you not act as a patriot and informed the government above this plot? What is your intimacy with the Mumbai underworld Don and his fake sister? Was it not your duty towards the nation and was it not the duty of your daily to expose this plot? How could you forget that the land in which your life is being lived, that same land has been rocked by Mirchi? Manmohan’s reply, probably, would not be very convincing.
This is Result of Ramesh’s company This is the result of living in the company of Ramesh. Manmohan learned many tricks from Ramesh. So he is the last question from your thinking. Friend of traitors, how would you escape from Divine Justice? All the things that are done in excess could come to an ignimonious end.
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CHAPTER 15
INSULTING AWARDS AW ARDS Awards are generally known to be instituted after famous people who made a name for themselves, distinguishing themselves in arts, literature and culture. Such awards are conferred on equally distinguished personalities. personalities. Ramesh?
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Certain awards are instituted in memory of great men and awarded to those really deserving. But it is bad, if not worse, if one gets without deserving an award, then deserving and not getting it. Man becomes noble and great not by money but by his acts. acts. A man who treads treads the righteous righteous path is the right claimant to awards. It is better that you deserve an award but you may not get one than that you get the award without actually deserving it. The prestige of awards instituted in memory of great men gets distorted when these awards are bestowed on undeserving persons.
Devaluation of three awards Shri Sarswati Puruskar, Tarun Tarun Kranti Award and Rajeev Gandhi Life Time Achievement Award Award lost their prestige when they were conferred on Ramesh Chandra Agrawal. Before being given to Ramesh these awards carried great name and respect but now these have lost value. Saraswati Award to Laxmi devotee Ramesh. Nasik’s Kailashmeth had lost its mind in that it gave Sarswati Award to ‘Kalinayak’.In the last 1½ decade this Sarswati Award was given to Senior Citizens working in the fields of Vedic Education, Music, Spirituality, Spirituality, Agriculture, and Yoga. Yoga. But in 2010 when Maharashtra Chief Minister Ashok Chauhan, Swami Vidhyanand Sarswati and Swami Vislaveranand Giri
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gave this award to Ramesh, the CM Chauhan’s chair began shaking because of the Housing Scam and ultimately he had to resign. If you compare the life and achievements of Ramesh with those of other recipients of this award then you will find that the award has lost its prestige because of Ramesh, the recipients include dignatories like Maharashtra’s Baba Sahab Prandare, the Didi of Selfhelp Group Dhanshree Tolwelkar, Tolwelkar, Anna Saheb More of Swami Somarth Sewa Kendra, famous Mountaineer Swami Sudranand, Acharya V. Kutumb Shastri, Acharya Piyush, Professor of Sanskrit.Language in Banaras Hindu University Kailash Mishra, the Head Priest of Vaishnav Devi Mandir, Amirchand, Amirchan d, the Classical dancer Geeta Geeta Chandran, Krishna Didi who had devoted her whole life in the service of tribals in South Gujrat and the famous Tabla Player Pandit Suresh Talwalkar.
Kiran and Ramesh—Inappropriate comparison Kiran Bedi ex-IPS Officer has a perfect image of a dashing Police Officer whose name itself was a great terror to criminals. Comparison of Ramesh with such a great women is really inappropriate. But this shameful act was done. Kiran Bedi was given the first ‘Tarun Kranti’award and she fully deserved it. But giving the same award to Ramesh is a great insult to this award. The image of revolutionary saint Tarun Sagarji Maharaj bestowing this award on Ramesh is a great stain on the prestige of a true saint also.It was declared from the dais that the said award was being given to Ramesh for constructive journalism and to Kiran Bedi for women upliftment. The question is how a destroyer can be KALINAYAK 139
involved in creative and constructive journalism. The killer of his own father, a sinner how does he deserve this prestigious award? The Awards Committee forgot that a self-centered man does not deserve this award. A person person having self-respect self-respect will earn something something with his abilities rather than getting it free. Why was Ramesh given such a prestigious award? This question gives birth to many other questions.
The secret of the Awards 1. After earning money a man desires respect and honour. Are these awards not a form of sycophancy? sycophancy? 2. To get their name printed in Newspaper, Ramesh was awarded or was this form of bribe to suppress some plot of theirs? 3. Without knowing the personal profile, these awards were given turning a blind eye to everything. Or whatever be the reason but for keeping intact the prestige of the awards. Awards should be withdrawn Anyway if the award has been given, it can be withdrawn also. This is the demand of time. It is better to use reverse gear and take back the Tarun Kranti Award. Award. Do this for the name and prestige of the top Jain Saint. Even the Trophy of Rajeev Gandhi Life-time Achievement Award to Ramesh’s is out of place. To preserve Rajiv Gandhi’s honour this Trophy Trophy should be freed from Ramesh’s clutches. Just as these awards were given, they could also be withdrawn, on reconsideration? Afterall, Ramesh had not allowed his father to die in peace, he snatched his sister’s rights, amongst many other kinds of misdeeds.
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EPILOGUE What emerges from the previous chapters is that Ramesh suffers from an unsatiated lust for money and wealth. And he seems to believe in the dubious precept that “nothing is bad for for a bad purpose”. Or, Or, are we to think that something is wrong with his breeding.Yet breeding.Yet this does not seem so, because his father showed his large-heartedness by making his brothers also partners of his company and called the same “Dwaraka Prasad Agrawal & Brothers” which owned and published Dainik Bhaskar.He willed also that his second wife, Kishori Devi ,will inherit his share of 25% in the company, should such an eventuality arise.. Yet, we find Ramesh indulging in all the black deeds enumerated in the previous chapters, behind his father’s back. Though he grew up in the lap of Kishori Devi and played with her daughters, who are, afterall his sisters, he had the audacity to call Kishori Devi, his father’s “keep”, and Hemalata and Anuradha as the daughters of his father’s “keep”. Does it behove a media man to indulge in such blasphemy? For a media man, afterall journalism is synonymous with ethics and a commitment to truth, because the guiding principle of the media is “facts are sacred and comment is free”. Ramesh gives the impression that he is anything but devoted to the guiding principles of journalism, and the moral code of print media, if one may say so. Ramesh boldly fabricates documents, forges signatures, hides Minutes books of his father’s KALINAYAK 141
publishing company. Without serving notice about the company meetings meetings to those who,he fears, will not be party to his evil designs, he claims that they have not attended three consecutive meetings of the company and expels them. And yet, his father was the life-time MD and permanent chairman of the company, and Ramesh usurps the powers of his father’s position. As if this were not enough, he produces a duplicate Minutes book alleging that his father took away the original. Poor old man, a paralytic, Dwaraka Prasad, had no role in this unethical deed. RNI, was perhaps in the the pocket of Ramesh, Ramesh, albeit for a consideration.Otherwise, how could relevant and vital documents concerning Dainik Bhaskar vanish from his office? Money of Ramesh could, perhaps, buy people not only in RNI. The lower orders of the offices offices of the District Magistrates in Gwalior, Indore,Jhansi, Raipur& Jabalpur, appeared to be at the beck and call of Ramesh, and co-operated in his nefarious designs. Even the MP Housing Housing Board staff staff were, apparently apparently,, bought off by him, and the concerned District Collector, Collector, Revenue Secretary and Commissioner of the Housing Board were reduced to helplessness, all because he had the ear of the politicians who mattered at the relevant time. Imagine, the High Court could deliver wrong judgements, and it had to be reminded by the Supreme Court about its exercise of extra-jurisdiction, because it exercised the powers of the District District Court! And when the Supreme Court delivered its judgements, Ramesh managed to ensure that they were not acted upon by the concerned authorities in RNI and the MP Housing Board. He could flout the rules governing environmental protection,and even evict residents of slum colonies in Bhopal, and play havoc with the
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Bhopal Hat artisans, all with the connivance of the concerned officers. All these misdeeds were for what? Ramesh was mad after after money money and his own influence. He could could blackmail the powerful in his area of operation, using his paper. paper. Imagine he could ignore the Income Tax department’s orders. Joins hands with hawala operators and even ‘D” company’s Iqbal Mirchi. Ramesh operated on the principle that if he failed to get something after which which he set his heart, his rival contenders could not get it either. His personal philosophy in life is that by any and every means he should become wealthy, and any means is good enough in the process of realizing that Otherwise, having fathered three sons, he adopts Bharat, calling him his fourth son. But the flaw in the ointment is that he will not succeed all the time, because all good things are just not permanent, just as bad times will not last for ever. Ramesh needs to understand this basic truth of life on this earth. The profile of Ramesh, in brief, is that he harasses his father, father, drags him to endless litigation, usurps his property, calls his step mother i.e second wife of his father, “a keep”, evades taxes, both income-tax and those due due to the State State of MP MP which attrac attracted ted the the attention of the CAG, adopts a son while having fathered three, joins hands even with Hawala operators and gets friendly with a member of the notorious and admittedly traitorous ‘D’ Company. Company. Yes, Yes, one can say, say, woebe to the parents of a son like Ramesh. Certainly they would not have expected that their son would turn out to be what he did to them.
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