Many people are arguing in this blog that why I have taken so much time to set the law in motion. Some others want a regulatory mechanism to bring order in multilevel marketing.
When the law clearly says that becoming a member and enrolling others to become members in such schemes is prohibited under the provisions of Prize Chits & Money Circulation Schemes (Banning) Act, 1978, 1978, what is the point to have a regulatory mechanism to make an illegal act legal. It is an open illegal money circulation scheme.
I have made it clear several times, many people who join in these schemes want to earn easy and quick money though they know it is a crime. I have heard at one NMart retail shop, that NMart is going to file a writ petition in the High Court, and we could continue for sometime. It means that they know well that they are cheating their own friends and relatives to join such scheme.
That is why people are vociferously raising their voice against me and even casting aspersions on my action.
Andhra Pradesh High Court in its judgement in the writ petition filed by speakasiaonline pointed out that "The first contention raised by the learned Senior Counsel is that First Information Report can be registered only on commission of an offence. It is true that First Information Report is to be registered on commission of an offence, more particularly, for a cognizable offence. Once a cognizable offence is committed, First Information Report can be registered. But at the same time, some of the provisions in the law enable the Investigating Agency to register First Information Report for mere preparation alone, for example, Sections 120-B, 399 of IPC and 7(1)(a) of the Criminal Law Amendment Act. Further, whether an offence committed or not always depends upon the ingredients mentioned in the provision of law. Some provisions in the penal laws made the preparation also as an offence. When the provision deals the preparation as an offence, the preparation itself is commission of offence."
The Supreme Court in its judgement in AR Antulay vs. RS Nayak (AIR 1984 SC 718) case stated that "Crime is a wrong against the society at large and therefore, as a general rule, any person having knowledge of the commission of an offense may set the law in motion by a complaint."
It is clear here that a person need not be a victim to lodge a complaint and anybody could complain whenever a crime takes place.
In the speakasiaonline case also, the racketeers raised the same question that the complainant made unjust demands and when it was not met, he lodged a complaint.
The High Court has looked whether there was prima facie offence in the complaint and when the crime was found it dismissed the writ petition.
This is exactly what is going to happen in the case of writ petition filed by the NMart.
In fact, the first complaint was lodged with the police way back in 2010 and had the police taken action at that time, the NMart would not have grown to this extent. Many people would have been saved. Now everyone is going to lose their hard-earned money. I really feel sorry for them. Many of them were lured by easy and quick money and high returns. Even today they strongly believe that they are going to earn a lot of money as per the promises of Gopal Shekhawat.
People should realise that it is a crime to join such schemes and that the friends and relatives they have joined in such schemes would never believe them in future if they suffer loss. If the mutual trust is lost, the society would collapse.
I appeal to the people all over world not to join such multilevel marketing companies and cause damage to the social fabric of our closely knit society.