Wednesday, 25 August 2010

Could a criminal like Amway continue its illegal business?

A person was arrested for indulging in a crime. He was arrested, chargesheeted and the trial is going on. Could he be allowed to commit the same offence again and again. Is it possible in any country? But it happens only in India.
Here the person in question is Amway India. Police conducted raids on the premises of Amway India and filed a criminal case. Amway India approached the High Court to declare its business model as legal. However, the High Court decided otherwise and held that its business model is illegal and the police could go ahead with the investigation. The Amway India again moved the Highest court of the land, the Supreme Court of India. The Highest Court also found the company guilty. The Police filed the charge sheet in the Chief Metropolitan Magistrate Court, Nampally, Hyderabad. The trial is going on.
However, the Amway India is allowed to continue its illegal operations. It is high time to ponder what is wrong with our judicial system.
Another thing is the perfunctory investigation by the CID police of Andhra Pradesh. They investigated into a money circulation scheme but found out that only nine persons were involved in the money circulation scheme. How come? Don't ask questions. That is the way the CID investigates. More, they do not take cognizance of the persons who filed writ petitions in the High Court stating that they are Independent Business Owners of Amway India. For reasons better known to the CID, they were let off without including their names in the charge sheet.
The State Government issued an order restraining specifically Amway India from issuing advertisements in any media. This order is more in breach than in observance. Still, no action is initiated against Amway India.
Above all, Amway India through its front organisation the Indian Direct Selling Association demands legalisation of direct selling in the country. Never ask what is direct selling.
What would happen to the country if there is no respect for the law of the land?


IBOFB said...

Perhaps those who enforce "the law" understands that no one is guilty until found so by a court of law - filing of a charge set is not enough.

Ever heard of "innocent until proven guilty"?

Contrary to your claims, no such finding has occurred with regard Amway India.

Thatt's the reality. Of you can instead believe the entire legal system of andhra pradesh has collapsed. Some kind of grand Amway illuminati conspiracy I'm sure .... it probably involves 8 foot reptiles. Brear would know.

Shyam Sundar said...
This comment has been removed by the author.
Shyam Sundar said...

Even after reading the judgement of Andhra Pradesh High Court which held that two ingredients in the money circulation scheme is satisfied, you claim that no such findings has occurred with regard Amway India. It shows what you are -- a hard core Amway apologist who refuse to accept the reality.

IBOFB said...

Again, the Andhra Pradesh judgement was based primarily on affidavit's by the police, which presented a wholly incorrect picture of the business model.

The high court themselves explictly stated they were not in a position to make a proper judgment of the merits of the case as they did not conduct a full hearing.

You're so arrogant as to believe the High Court doesn't know what they are doing - except when it agrees with what you believe.

Me, I believe the case the police outlined could be construed under Indian law as money circulation scheme.

So I can see why the High Court would conclude, based on the police case, that the case should go to trial and not be dismissed.

I also know that the case the police outlined was outright wrong in some places, and very misleading in others.

It doesn't help that the law in this area is incredibly vague either.

Shyam Sundar said...

You conveniently skip the mention of the affidavit filed by the Amway India in the judgement. Many a time, the high court pointed out that the first petitioner i.e. Amway India did not deny the contentions put forward by others including the police. You are blindfolded to look at the facts.

Legal Scan said...

Yeah, innocent until proven guilty. But a murderer is allowed to commit another murder and a burglar to burgle houses time and again because he was not convicted. Amway is continuing the same business model even after it was held illegal.