REPLY OF DINSHAW MEHTA TO THE Rs. 100/- CRORES DEFAMATION NOTICE FROM BPP TRUSTEES
I, along with, Bombay Samachar, Mr. Muncherji Cama, Mr. Dorab Elavia and others have been served on 19-04-2017 with a legal notice dated 17-04-2017 from Advocate Yazdi Dandiwala of Mulla and Mulla & CBC claiming damages of Rs.100/ crores for allegedly defaming the Trustees of Bombay Parsi Punchayat and to refrain from publishing any further articles defaming the Trustees.
In reply I had informed Mr. Dandiwala by my letter dt. 24-04-2017 to send me a copy of the Resolution and Minutes of the Board Meeting whereby he was authorized/instructed by the Trustees to send this Notice. Till date I have received no reply in absence of which I intend to ignore the notice since he has not been lawfully authorized to send the Notice. It is obvious that the Notice was issued by Mr. Dandiwala without due authority of the Trustees on that date.
In any case by way of abundant caution I deny each and every allegation of defamation made therein. I deny that there is anything defamatory in the said article. I bear no malice towards any Trustees. The Trustees, elected by universal franchise of the entire community, are occupying a public position. It is fair to comment on their performance and acts of commission and omission. It is in public interest that the said Articles have been written.
In the DNA of 25-08-2016 it is reported that the Supreme Court remarked on late Jayalalitha defamation suits that “if somebody criticizes the policy of the Government , if the person criticized is a Public figure , he has to face it instead of using the state machinery to choke criticism”.
After having bought over the Editorial rights of Jame Jamshed to ensure that nothing adverse is printed about the performance of the Trustees, this Defamation Notice is now a new modus operandi to stifle even Parsi Prakash to expose the misdeeds of the Trustees, if any. It is a unique way of the Trustees to silence the voice of Truth.
The Defamation Notice cites my article published in Bombay Samachar of 26th February 2017 under the byline
“LIES OF YAZDI DESAI EXPOSED – DINSHAW MEHTA REPLIES.”
The said article was in reply due to the defaming, false and fabricated charges leveled in the first place by Yazdi Desai against me published in the Wapiz page Advertisement of Free Press Journal issue of Friday 17th February 2017. Thus what was stated by me was denial of the false allegations published in the FPJ and stating the truth of the various issues raised therein. Now with the help of his colleagues he runs around shouting wolf, wolf.
In any case it was a reply to Yazdi Desai’s defamatory article in FPJ and hence sending this Defamation Notice on behalf of “Trustees of BPP” would mean that charity funds will be used to pay to Mulla and Mulla the legal costs of this Notice and the ensuing litigation. If at all it is Yazdi Desai in his personal capacity who should send this Defamation notice and the subsequent litigation and pay for it from his own pocket and not use community funds to stifle the truth from being published.
One can understand Randeria siding with Yazdi Desai to use charity funds to file this Notice but how can other Trustees especially Armaity Tirandaz, Noshir Dadrawala, Viraf Mehta and Zareer Bhathena allow community funds to be used to sponsor a personal litigation of Yazdi Desai.
All the replies published in Parsi Darshan were in response to the defamatory allegations made against me personally by Yazdi Desai in FPJ. Hence it is only Yazdi Desai who can at best claim to be defamed and not the Trustees but to make use or actually misuse of charity funds the Notice is deliberately sent on behalf of ‘Trustees of BPP’.
The Notice cites the following as defamatory:
1) “It is ironic that Yazdi Desai and his wife have swindled me of lakhs of Rupees…..”
This is a fact known to all Trustees, staff and many community members since 2010. It was only in 2011 after his wife lost to Mr. Cama that Yazdi Desai refused in front of the whole Board to repay the lakhs of rupees he had taken from me. Since 2011, I have been shouting from the rooftops of this non-payment by Yazdi Desai and his wife but he has not taken any action till now. In fact it is even Minuted in a Board meeting. I had even gone to the police but in absence of proof of cheque payment they refused to file any FIR. It is only after several years that he uses this same statement of fact to use as a tool to muzzle criticism of the actions of the Trustees.
2) “Musharaf met me and informed me of this blackmail tactics in June 2016 and I told him……”
This is a statement of fact and I fail to see how it is defamatory of Trustees of BPP.
3) “What Yazdi Desai deliberately and with malafide intention does not disclose is that BPP has earned……”
Again it is a statement of fact. The yearly Income Tax Returns filed by BPP shows Net Income of Rs. 6 to 8 crores every year and yet Yazdi Desai claims there is a loss. How can that be defamatory?
4) “ Yet Yazdi Desai tries to fool the community by this sick and absurd logic.”
Again a statement of fact and certainly not defamatory.
5) “ Due to infighting Yazdi Desai and K. M. requested the assistance of Mr. Nusli Wadia to use his great influence with the then Prime Minister, The Chief Minster, the police and the Govt. Authorities to somehow find me guilty of their obviously false and fabricated charges…..”
Again a statement of fact and certainly not defamatory.
The pure reading of the article published in Parsi Darshan of 26-02-2017 will make it clear that it was a point to point rebuttal of the false and fabricated charges levied by Yazdi Desai against me in the Free Press Journal of 17-02-2017 which is in fact not only false and derogatory but certainly defamatory and I have a right to reply to such defamatory lies by bringing out the truth of every allegation made in rebuttal to it.
It is my sincere request to the Trustees of BPP not to fall for the claims of Yazdi Desai and allow use of charity funds to sponsor his personal litigation. Let him pay for it from his own pocket as the Parsi Darshan article of 26-2-2017 is in direct response to the article Yazdi Desai published in his Wapiz page of Free Press Jounral of 17-02-2017
If they are still ill advised to litigate, I am bound to defend at their risk as to costs.
Yours sincerely,
DINSHAW MEHTA
URGENT NEED TO SAFEGUARD LICENSEES FROM VINDICTIVE POLICIES OF THE PRESENT BOARD
Shocking new developments of the VENDETTA politics indulged by Yazdi Desai and Kersi Randeria, with Noshir Dadarawalla and Zareer Bhathena being mute spectators without the guts to protest or oppose it has been received, which Parsi Darshan will expose next week. Till then.
