Frankly Speaking: An Informal Letter to Hon. CJI Sanjiv Khanna Regarding the DHFL Cases

Frankly Speaking: An Informal Letter to Hon. CJI Sanjiv Khanna Regarding the DHFL Cases

Posted on 14th January, 2025 (GMT 17:45 hrs)

ABSTRACT

The letter addresses Justice Sanjiv Khanna, urging the Supreme Court to take suo motu cognizance of the DHFL scam. It highlights the suffering of DHFL victims, calling attention to the failures in the resolution process under the Insolvency and Bankruptcy Code (IBC) and the disregard for their human rights. The authors, representing affected families, appeal for justice under Articles 14 and 32 of the Indian Constitution, stressing the need for distributive justice to resolve the ongoing crisis.

“A Judge callous to the pain he inflicts loses the right to judge.” – The Mother’s Prayer by Rabindranath Tagore

To 

Justice Sanjiv Khanna,

The Honourable Chief Justice,

Supreme Court of India

Sub: Requesting for Suo Motu Cognizance of Dewan Housing Finance Corporation Limited (DHFL)-Related Cases

Dear Mr. Khanna,

We, the people of a wounded India⤡, are writing to you from a land, “where the mind is not without fear”.

We would like to inform you regarding the following matter, viz., the Dewan Housing Finance Corporation Limited (DHFL) scam:

·        A White Paper On The Dewan Housing Finance Corporation Ltd. (DHFL) VIEW HERE ⤡ 

·        The Chronology Of The DHFL Scam VIEW HERE ⤡
We have already submitted an online petition to the chair of the Chief Justice of India regarding this matter:

Praying for taking Suo Moto Cognizance for the DHFL Scam Victims VIEW HERE ⤡

In this very petition, we have tried to reveal the irregularities of the RBI-appointed Committee of Creditors during the resolution process of the DHFL under the ill-conceived IBC (2016)⤡. In fact, we approached two former CJIs, viz., Justice N.V. Ramana⤡ and Justice D. Y. Chandrachud⤡ ⤡, with our demands. 

However, though the scam is fully exposed or unveiled (especially through the NCLT order dated 19/05/2021 and NCLAT order dated 27/01/2022), it is difficult to find that fearless child who could declare: “Oh King, where are your clothes?”
Moreover, the DHFL victims’ anxiety is further exacerbated due to the following reasons, especially in the context of the specific Supreme Court Bench that is handling the DHFL cases as of now:

DHFL Victims, Know Your Judge: Hon. Justice Bela M. Trivedi VIEW HERE ⤡

Who’s Who: SGI Tushar Mehta and the DHFL Scam VIEW HERE ⤡

We earnestly appeal to you to consider taking Suo Motu cognizance of the DHFL matter as a separate case under Article 142 of the Indian Constitution.

The DHFL Victims are suffering from a range of psychological disorders since the last five years due to this state of financial abuse, which has infringed their Right to Life and Personal Liberty (Article 21). It is no wonder that India currently ranks 109th out of 165 countries in the global human rights index⤡. It is due to this very reason that despite the appeals made by some of the DHFL victims to the NHRC, India⤡ (the most recent appeal being registered under Diary No. 5992/CR/2025), their voices still remain broadly unheard. This potentially reflects a worrying tendency in the “partly free” India, which ranks 159th out of 180 countries in the World Press Freedom Index (2024)⤡. 

Furthermore, we are shocked to view that the hitherto existing thick wall (or, perhaps, the Great Chinese Wall!) between the judiciary and executive has withered away.
In this situation, we are praying for the “Access to Remedy” as guaranteed by the United Nations Guiding Principles on Business and Human Rights⤡.
We sincerely hope that you will take the trouble of considering our legitimate demand for distributive justice and relief in consonance with Articles 14 and 32 of our Constitution, so that the jottles over the DHFL case shall be resolved once and for all.

With a good faith⤡ in judicial independence,

Yours Sincerely,

Dr. Debaprasad Bandyopadhyay 

Mrs. Rupa Bandyopadhyay 

Mr. Akhar Bandyopadhyay

A Victimized Family of Bewildered, Beleaguered, Perplexed, Anguished, Anxious, Hapless, Helpless and Ailing DHFL FD Holders

ON BEHALF OF ALL ANGUISHED, AILING DHFL FD AND NCD HOLDERS [USUAL DISCLAIMERS APPLY] 

बहुजनहिताय बहुजनसुखाय च॥

(“For the happiness of the many, for the welfare of the many”)