Notice to CM & Deputy CM in Respect of Totally False Information and Allegations

NOTICE TO YOU BOTH TO BRING TO YOUR KNOWLEDGE TRUE AND CORRECT FACTS IN RESPECT OF THE TOTALLY FALSE INFORMATION AND ALLEGATIONS BEING SPREAD BY YOU BOTH AND YOUR ASSOCIATES IN COURSE OF THE DISINFORMATION CAMPAIGN LAUNCHED BY YOU BOTH AND YOUR ASSOCIATES AGAINST THE UNDERSIGNED AND HIS BROTHER SHRI B. S. BASSI, THE COMMISSIONER OF POLICE, DELHI SO THAT YOU BOTH AND YOUR ASSOCIATES MAY NOT TAKE REFUGE UNDER THE PRETEXT THAT YOU BOTH AND YOUR ASSOCIATES WERE NOT AWARE ABOUT THE TRUE AND CORRECT FACTS.

FURTHER NOTICE TO CAUTION YOU BOTH THAT IN CASE THE DELUGE OF FALSE INFORMATION, ALLEGATIONS AND DISTORTIONS WOULD NOT IMMEDIATELY STOP FROM YOUR END AND YOU BOTH WOULD NOT FORTHWITH WITHDRAW ALL THE FALSE INFORMATION AND ALLEGATIONS SPREAD BY YOU BOTH, DIRECTLY AND INDIRECTLY, APPROPRIATE LEGAL ACTION WOULD BE TAKEN AGAINST YOU BOTH AND YOUR ASSOCIATES, FOR WHICH YOU BOTH WOULD BE RESPONSIBLE.

Sirs,

1.     The undersigned is an Advocate practising in various courts of Delhi and is the latest victim of totally false information and allegations being continuously spread by you both and your associates in course of the disinformation campaign launched by you both against the undersigned and his brother Shri B. S. Bassi, the Commissioner of Police, Delhi.     

2.     Only recently your party had won almost unprecedented victory in the elections to Delhi Vidhan Sabha. As is apparent from your conduct, this type of resounding victory has put you under a false belief that now you are above law and could do anything without being concerned about legality or illegality ; or truth or falseness of your acts. However, law of the land does not permit or authorise you to behave in such wrong and unfair manner against anyone, the citizens of this country in particular. The undersigned, therefore, cautions you not to initiate any illegal action against him and his brother on the basis of false allegations manufactured by you and your associates.         

3.     You both and your associates are undoubtedly adherents of that school of thought who believe that if a lie would be uttered hundred times, it would become truth. ( Your media campaigns bear testimony to your such mindset. ) Because of your said mindset, you both have taken recourse only to ‘lies’ in the misinformation campaign launched against the undersigned and his brother. You both are under some wild illusion that your countless repetition of a lie would create a smokescreen between the truth and law of the land and thereby your disinformation campaign would succeed in causing harm and injury to the undersigned. That task, however, you would not be able to accomplish, as you both and your associates are on the wrong side of law and all your allegations are totally false. Hence, you both may get rid of your mistaken belief and mindset that the undersigned would bow down to your threats, which you are holding out on the basis of totally false allegations.

4.     The undersigned also cautions you that threats of implicating him and his brother in false cases or causing harm to them on the basis of false allegations, by coercing various officers subordinate to you to file complaints, would prove to be very dear to you both and these unfortunate officers, as all of you would be answerable to law of the land. The undersigned as well as law of the land would have no alternative but to take action against those unfortunate officers of the Delhi Government for their illegal acts, which they would commit under your dictates.

5.     The motive behind illegal action which you both have already taken and are contemplating to take against the undersigned and his brother is your personal grudge against Shri B. S. Bassi. The undersigned, therefore, dares you to initiate such action personally and not by pressurising unfortunate officers of Delhi Government. The undersigned dares you both that if there is even an iota of honesty in your conduct and truth in your allegations, you both should have courage initiate all actions directly in your name.

6.     For your ready reference, true and correct facts are being given in context of each and every false allegation spread by you both and your associates, which the undersigned has come to know through media, including official website of AAP. The undersigned shall issue further notice to you both, as and when any further false allegation shall come to his notice.

a.     The false allegation no. 1 that membership of Shri Jai Pal Sharma, a member of Lucky Home Society, was cancelled illegally under influence of Shri B. S. Bassi, when he applied for the membership of the said Society.

          

The true and correct facts are as under :

That absolutely no rule / regulation was violated by Shri B. S. Bassi or the Lucky Home Society in cancellation of the membership of the said member. The said person became member of the Lucky Home Society in the year 1986. He deposited / paid an amount of only Rs. 17,935/- during the year 1986. As per record, a total amount of Rs.1,57,935/- was due and payable by him to the Lucky Home Society. After 1986, he did not pay any further amount to the Society. Consequently, the Lucky Home Society gave him notices / demand letters / expulsion notices dated 13.02.1987, 23.02.1987, 05.03.1987, 14.03.1987, 18.08.1988, 05.11.1988, 05.02.1989, 18.02.1989, 18.09.1989, 12.04.1989 and 20.05.1989. The said member, however, did not respond to the aforesaid communications. After complying with due process of law, Managing Committee of the Lucky Home Society, in its meeting held on 02.07.1989, issued a separate notice to the said member to be present in the General Body Meeting which was to be held on 23.07.1989.

Neither Shri Jai Pal Sharma, the said member, nor any one on his behalf joined the GBM on 23.07.1989. Also, no further money was deposited by him. Consequently, all 36 members who attended the GBM on 23.07.1989 expelled him from the membership of the Lucky Home Society, after following the prescribed procedure of the Delhi Co-operative Societies Rules.

On 10.08.1989, the Managing Committee of the Lucky Home Society sent the case for approval to the Registrar, Delhi Co-operative Societies. Thereafter, the Registrar issued notice to the said member. Even the Lucky Home Society issued further notices dated 11.08.1989 and 03.10.1989 to the said member. However, he did not respond to any of these notices sent by the Registrar or the Society. It is, therefore, apparent that the said member was not interested in remaining a member of the Society continuously during the last three years prior to his expulsion. Consequently, the Registrar gave approval to the expulsion to Shri Jai Pal Sharma. It is pertinent to mention that during the period between January 1988 and September 1992, about 25 new members were enrolled by the Managing Committee of the Society, in lieu of those members who had resigned/expelled from the Society.

It is further pertinent to mention here that all the notices issued to the said member by Lucky Home Society, referred hereinbefore, were issued in strict compliance of Circular No. F-46/H/B/Coop./ 88 dated 10.06.1988 issued by Shri V. P. Suri, the then Registrar Co-operative Societies. It may be pointed out that even notices issued prior to 1988 were also issued by the Society by Registered Post, thereby complying with the letter and spirit of the said Circular. It is categorically stated that neither Shri B.S. Bassi nor anyone on his behalf had ever contacted the Registrar or any other officer of RCS office with regard to the above said approval of cancellation of membership of Shri Jai Pal Sharma or enrolment of Shri B.S. Bassi as a member of Society.   

You both are well aware of all these facts, as entire record, running in to thousands of pages, was taken by officials of the RCS from the office of the Lucky Home Society to the office of Chief Minister, where it was thoroughly examined. Notwithstanding this, you both have levelled false allegations against the undersigned and Shri B. S. Bassi as well as launched a disinformation campaign in respect of cancellation of the membership of Shri Jai Pal Sharma. Now since true and correct facts have been brought to your notice, you may immediately withdraw false allegations level in this regard and refrain from spreading lies in future.

c. The false allegation no. 2 that Shri B. S. Bassi was wrongly enrolled as a member of the Lucky Home Society and was allotted a flat in violation of the rules and regulations and in collusion with the Registrar, Cooperative Societies and the Managing Committee of the Society.     

The true and correct facts are as under :

That absolutely no rule / regulation was violated by Shri B. S. Bassi or the Lucky Home Society on this count. Shri B. S. Bassi had applied for membership with Lucky Home Society on 07/01/1990, i.e. 5-1/2 months after expulsion of Shri Jai Pal Sharma by the General Body. It is pertinent to mention here that Shri B. S. Bassi had not applied for enrolment as a member in lieu of Shri Jai Pal Sharma. He had only applied to be enrolled as a general member. This is clear from the Application Form itself. Later on, he was enrolled as a member of Lucky Home Society on 26.01.1990, that is more than six months after expulsion of Shri Jai Pal Sharma by the General Body. Between this period of 6 months, about 5 more vacancies had arisen in Lucky Home Society and in place of these vacancies, new members were enrolled by the Managing Committee of the Society. It is not out of place to mention here that Shri B. S. Bassi was not even aware that Shri Jai Pal Sharma had been expelled and it was a co-incidence that he got the membership vacated by virtue of expulsion of Shri Jai Pal Sharma. It is also pertinent to mention here that even after the enrolment of Shri B.S. Bassi more fresh / new members were enrolled in the society till 1992. It is also pertinent to mention here that Shri Jai Pal Sharma has not challenged the decision of General Body or Registrar to expel him till date, which categorically shows that even he has no grievance against his expulsion. Hence, the enrolment Shri B. S. Bassi as a member of Lucky Home Society had nothing to do with expulsion of Shri Sharma nor it could be alleged that Shri Sharma was expelled to enroll B. S. Bassi as a member.

It is pertinent to mention that during the period between January 1988 and September 1992, about 25 new members were enrolled by the Managing Committee of the Society, in lieu of those members who had resigned/expelled from the Society. Therefore, it cannot be presumed by any stretch of imagination that only Shri B. S. Bassi was enrolled as a new member during the period 1989 to 1992.

c. The false allegation no. 3 that Shri B. S. Bassi had only paid Rs. 10,000/-to the society for allotment of flat in Lucky home Society and its Managing Committee had granted alleged favours to him.

The true and correct facts are as under :

In fact, Shri B. S. Bassi, immediately after getting the membership of society, had paid about Rs.1,30,000/- during the month of February - March 1990 itself. Further, from time to time he had made payments to the society as per its demands. Shri B. S. Bassi has paid about Rs. 3,32,477.75 towards the cost of the flat. It is pertinent to mention here that for making above said payments Shri B. S. Bassi had availed a loan of Rs. 2,00,000/- from his department. Further, he had withdrawn Rs. 95,000/- from his GPF and an amount of Rs. 37,477.75 was spent by him from his personal savings. Shri B. S. Bassi is in possession of all documentary evidence pertaining to payments made by him to the Society. It is pertinent to mention here that above said payments also includes interest/equalisation fund paid to the society by Shri B. S. Bassi, which is duly depicted in the ledgers maintained by the society. It is also pertinent to mention here that all other members who were enrolled during the period when Shri B. S. Bassi was enrolled had also paid a similar amount to the society. Absolutely no discount/favour was given to Shri B. S. Bassi by the Society Managing Committee or any other person associated with it. You are further informed that Shri B. S. Bassi had duly intimated his department about the membership and allotment of flat in the Lucky home Society. Absolutely, no service rules or any other regulation was violated by Shri B. S. Bassi on any occasion. It is further pertinent to mention here that at that time Shri B. S. Bassi was not member of any other society in Delhi and was not owning any land in full or in part or on leasehold or freehold basis in the Delhi or anywhere else in India. Even today he has none such immovable property in Delhi. You are also well aware about all these facts, as society's records pertaining to flat No. 39 categorically depicts that Shri B. S. Bassi had taken loan from his department after taking no objection from Society's Managing Committee and paid above said amounts to the Society. Your officials had taken photo copies of the same from the office of society and handed over the same to your one associate in Chief Minister Office.

d. The false allegation no. 4 that Shri B. S. Bassi did not file affidavits at the time of getting membership and at the time of taking the possession of flat to the effect, interalia, that he did not own any other house etc.

The true and correct facts are as under :

Shri B. S. Bassi had given an affidavit dated 14/02/1990 to the Lucky Home Society at the time of taking membership. Further, he also given an affidavit dated 21/01/1994 at the time of handing over possession of the flat to him by the Society. It is reiterated that neither on 14/02/1990 nor on 21/01/1994 Shri B. S. Bassi was owner of any other plot of land or house in Delhi. Despite the fact that copies of the said affidavits, were also produced before you by your subordinates, both of you have levelled false allegations against him in this regard.

e. The false allegation no. 5 that the undersigned and his brother Shri B. S. Bassi are co-owners of so called ancestral House No. ED -87, Tagore Garden, New Delhi and both of them had taken membership in the society by not disclosing about above said house in their membership forms.

The true and correct facts are as under :

House No. ED 87, Tagore garden, New Delhi was self acquired property of father of the undersigned and Shri B. S. Bassi. Their father Late Sh. AC Bassi was a government servant and had purchased the said plot at Tagore Garden somewhere in the year 1964 – 65 out of his own savings. Late Sh. AC Bassi had constructed the above said house in the year 1965 mainly by taking housing loan from the government and the loans and personal savings. At that time the age of Shri B. S. Bassi was 9 years and undersigned was not even born. In the year 1996, during his lifetime, late Sh. AC Bassi sold the said house. Neither the undersigned nor Shri B. S. Bassi had any share/right/co-ownership right in the above said house, as the same was purchased and constructed by their father from his own funds. Your allegations that above said house was an ancestral house or the undersigned and Shri B. S. Bassi were co-owners of said house are false and frivolous. It may be pointed out that information you are spreading that the undersigned and Shri B. S. Bassi had sold above said house after the death of their father is also false, as late Sh. AC Bassi had sold the house during his lifetime. He expired on 18/03/2006, and had sold the house about 9 years prior to his death. Therefore, neither the undersigned nor Shri B. S. Bassi had given any such wrong information at the time of taking of membership in Lucky Home Society. It is reiterated that both the undersigned and Shri B.S. Bassi were not having any property in Delhi at the time of our respective enrolments as member of Lucky Home Society. These allegations show the extent to which you both have become vindictive, as you have even started fabricating totally false allegations about a property which was self acquired property of a man, who died 9 years ago. If the undersigned were to use the publicity dialogues uttered by you, he would say, "Please do not drag my father, who died 9 years ago, into your these vindictive machinations against me and Shri B.S. Bassi". This shows the extent to which you have stopped low.  

f. The false allegation no. 6 that Shri B. S. Bassi had become member of Civil Service Officers Welfare Society, New Delhi in violation of rules and regulations and had been allotted a plot measuring 500 sq. yds. in the said Society.

The true and correct facts are as under :

You are very well aware about the fact that above land of Society and plot is not situated in Delhi and are situated in Greater Noida. As far as Civil Service Officers Welfare Society, Noida land is concerned, there is no bar that a person having property in Delhi could not be enrolled as its members. As per law, there is no prohibition against a person who is a member of a Co-operative Society in Delhi to become member of Civil Service Officers Welfare Society, Noida. It is also pertinent to mention here that Civil Service Officers Welfare Society, Noida was registered under the Societies Registration Act, 1860.  It is not a registered Co-Operative Group Housing Society under Delhi Co-Operative Societies Act. Therefore, its membership does not debar a person from acquiring a flat as a member of Co-Operative Group Housing Society in Delhi and vice versa.

g. The false allegation no.  7 that Shri B. S. Bassi sold flat no. 39 to the undersigned in the year 2008 at the cost less then market price and in this process Shri B. S. Bassi had evaded the stamp duty and taken alleged cash amount of Rs 30,00,000/- to Rs. 40,00,000/-.

The true and correct facts are as under :

The allegations levelled by you in this regard are false, as Shri B. S. Bassi had sold the flat to undersigned by way of registered documents duly registered with the sub registrar, Delhi. It is not legally possible that the sub registrar would register undervalued documents. You are very well aware about this position of law, despite that you have malafide and unnecessarily levelled false allegations in this regard. The documents were registered strictly as per prevalent market rate of 2008. Even otherwise, your allegations against Shri B. S. Bassi are malicious, as stamp duty is always paid by the purchaser and not the seller. I categorically deny the allegation with regard to alleged cash transaction, as it is based on your illusory wild imaginations. It is really unbecoming of you both to level such type of unsubstantiated, false and frivolous allegations against honest and law abiding citizens, without any evidence. Absolutely no evidence has been placed before media with regard to such wild allegations. You cannot raise any presumption that the undersigned had such huge amount of black money or that he had paid it to Shri B. S. Bassi. The undersigned, being law abiding citizen, had duly complied with the stamp duty rates at the time of purchase of flat No. 39, Lucky Home Society, Sector 13, Rohini, Delhi. 

h. The false allegation no. 8 that the undersigned was occupying the flat no. 39 owned by Shri B. S. Bassi without any permission of subletting being obtained by Shri B. S. Bassi from the society as per the bylaws of society and even the undersigned was not dependent upon him.

The true and correct facts in this regard are as under:

The father of the undersigned and Shri B. S. Bassi had sold his property at Tagore Garden in the year 1996. Thereafter, on request of his father, Shri B. S. Bassi granted him permission to stay in flat No. 39. At that time, the undersigned was unmarried and had shifted to flat No. 39 along with his father on 01/01/1997. As per knowledge of the undersigned, the father and mother of Chief Minister are also residing with the Chief Minister in his official residence. It cannot be presumed by any stretch of imagination that anyone, including the Chief Minister or Shri B. S. Bassi, would charge rent from his own father. It is categorically stated that neither Shri B. S. Bassi had sublet flat No. 39 to the undersigned or his father nor charged any rent from them. It was only out of love and affection this arrangement was made. The society's residence/members/managing committee were very well aware of  the above said family arrangement.

i. The false allegation no. 9 that the undersigned and Shri B. S. Bassi had carried out unauthorised construction and modifications in flat No. 39 by intimidating the residents and managing committee of society.

The true and correct facts are as under :

At the outset, it is pointed out that Shri B. S. Bassi has no concern whatsoever with flat No. 39, as the undersigned had become absolute owner of the same in the year 2008. Further, your allegations that the undersigned has carried out unauthorised construction in the flat or blocked the stairs by intimidating residents and Managing Committee by taking name of Shri B. S. Bassi are malicious, wrong and false. Nowhere you have mentioned the name of the resident who have been threatened. It is categorically stated that the undersigned has very cordial and harmonious relations with his neighbours and residents of society. It is categorically stated that absolutely no unauthorised construction has been carried out by the undersigned in the flat. It is really surprising that the Chief Minister and Deputy Chief Minister, who are supposed to perform work for the welfare of millions of people of Delhi, are concentrating on an alleged petty unauthorised construction. Till date, you both have not directed any officer of Delhi Government to demolish unauthorised construction in a specific house. However, by ordering the demolition in the house of the undersigned, you are adopting pick and choose policy out of vendetta against Shri B.S. Bassi. Moreover, this illegal order has been passed without carrying out any inspection in the flat of undersigned. This shows you both have passed the order out of personal vendetta and vindictiveness against Shri B. S. Bassi. You both have taken law into your hands and have tread upon illegal path of causing damage to the property of the undersigned. It is pertinent to mention here the Managing Committee of Lucky Home Society in its meeting dated 06/12/2015 have strongly condemned your malafide and politically motivated action against the undersigned and Shri B. S. Bassi. It was stated by both the President and Secretary during the interaction with the media on above said issue that neither the Managing Committee members nor the residents of society are having any complaint against the undersigned and Shri B. S. Bassi. The Managing Committee further condemned the false media propaganda by you and your associates that the undersigned has been threatening Managing Committee and its members by taking name of Shri B. S. Bassi, Commissioner of Police.

7. It is really surprising that after 26 years of enrolment as a member of Shri B. S. Bassi in Lucky Home Society, you are alleging that certain official records pertaining to our society are missing. It is pertinent to mention here that RCS office is being governed by Delhi Government. It seems that few unscrupulous persons interested in defaming Shri B.S. Bassi in conspiracy with RCS officers and with malafide intention have intentionally destroyed the record pertaining to the flat of the undersigned. Their only purpose is to destroy the above said records/evidence in order to suppress the truth that all rules and regulations were followed by Sh. B.S. Bassi during his enrolment as a new member in Lucky Home Society. The undersigned categorically states that he would file a complaint in this regard with the police.

8. It is pertinent to mention here that the RCS officer Mr. Thakur Dayal during his conversation with the undersigned had admitted that he has signed the complaint against the undersigned without reading the same. He has further admitted that he is not aware about the contents of the complaint filed against undersigned with the police. All the above said conversation was recorded by the undersigned and the same shall be produced before the appropriate authority at appropriate time.

9. The undersigned has disclosed above said true and correct facts on the basis of information gathered from the certified copies of documents collected by him from the office of Lucky Home Society. You both are well aware of all these facts, as entire record, running in to thousands of pages, was taken by officials of the RCS from the office of the Lucky Home Society to the office of Chief Minister, where it was thoroughly examined. However, the undersigned is ready to provide you the copies of documents which will categorically show that Shri Jai Pal Sharma was legally expelled on 23.07.1989 from the society, as he was not responding to notices of society since 1987. Further, it is categorically evident from above said certified copies that Shri B. S. Bassi became member of the society strictly as per law and he had paid demand raised by the society after taking loan from his department.

     In view of facts and circumstances narrated above, I expect that you both would immediately stop false propaganda against Shri B. S. Bassi and the undersigned.

     Take note, by way of this notice, the undersigned is advising/cautioning you both that in case if you or any of your officers, under your instructions or otherwise, would take any false wrongful action against Shri B. S. Bassi and the undersigned, I would definitely take appropriate civil and criminal action against both of you and those unfortunate officers through whom you would initiate such false, frivolous and malicious action against the undersigned and Shri B. S. Bassi.

     The undersigned shall issue further notice to you both, as and when any further false allegation shall come to his notice.

                   

Copy to :

1. Hon'ble Lieutenant Governor of Delhi with the humble request to instruct the Chief Minister of Delhi/Deputy Chief Minister of Delhi/Ministers/Officers of Delhi Government not to act illegally and take action, if any, strictly as per law without any vindictiveness, vengeance and pressure of anyone.

2. Union Home Secretary, Government of India with the humble request to instruct the Chief Minister of Delhi/Deputy Chief Minister of Delhi/Ministers/Officers of Delhi Government not to act illegally and take action, if any, strictly as per law without any vindictiveness, vengeance and pressure of anyone.

3. Commissioner of Police, Delhi Police for information and necessary action.

4. Chief Secretary, Delhi for your information and with caution that you and your officers should not act illegally and commit an illegal act under pressure of higher-ups failing which you would be answerable and liable for any damage and injury caused to anyone.     

5. Secretary ( Director ) Vigelence, GNCT of Delhi for your information and with caution that you and your officers should not act illegally and commit an illegal act under pressure of higher-ups failing which you would be answerable and liable for any damage and injury caused to anyone.

6. Registrar Co-operative Societies for your information and with caution that you and your officers should not act illegally and commit an illegal act under pressure of higher-ups failing which you would be answerable and liable for any damage and injury caused to anyone.