Desai To Challenge Fine Imposition In High Court

In a strange turn of events related to the Munchi Cama Case, BPP Chairman Yazdi Desai has been charged a fine for his inability to attend a Hearing at the Charity Commissioner’s, though he had intimated the advocates on either side, in advance of the same. Desai is unwilling to take the harassment lying down and has decided to challenge the fine imposition in the High Court.

Yazdi Desai has so far, patiently answered a total of 174 questions, spread over 12 cross examination sessions, with each session lasting two hours. After his cross examination on 16th December 2016, Desai informed the Charity Commissioner (CC) of his inability to be present for the next day’s hearing (on Saturday, 17th December, 2016) at 2:30 pm, as he had to attend a crucial professional commitment at Vadgaon, that had been planned weeks in advance, which necessitated his presence.

Since the advocate of Objector No.1 (Dinshaw Mehta) had assured the Court in two earlier hearings that he would need only one more hearing to complete Desai’s cross examination, Desai was given to understand that he would be able to attend his meeting as by then, his cross examination would have been over. Inspite of a tight schedule, Desai volunteered to attend the hearing on 17th December if it were held in the morning, after which he could leave for his essential meeting at Vadgaon. However, the advocate of Objector No. 2 (Munchi Cama) said that he couldn’t attend in the morning due to his father’s surgery and therefore to keep the hearing in the afternoon. Strangely, this request was granted, even though he was not part of the present proceedings, as it is the counsel of Objector No.1, Dinshaw Mehta, who is currently cross examining Yazdi, and therefore Cama’s counsel was not even needed to be present for this Hearing!

Since it was impossible for Desai to skip his professional commitment, he informed his advocates of his inability to attend the Hearing and instructed them to inform the advocates of Dinshaw Mehta and Munchi Cama of the same. Though Yazdi’s advocates complied, Dinshaw Mehta and the rest of the entire legal team, excluding Dinshaw Mehta’s counsel, who was to continue with Yazdi’s cross examination, turned up at the time of the Hearing and pressed the CC to levy a fine of Rs. 50,000/- on Desai for not appearing. The CC imposed a fine of Rs. 10,000/-.

Yazdi Desai’s lawyers have filed an application with the Charity Commissioner to stay this Order since Yazdi will be challenging the imposition of the fine in the High Court.