LIST OF DATES AND EVENTS | HYDERABAD HIGH COURT | JUSTICE SRI DEVI

Writ Petition 5449 and 7950 of 2019 (Clubbed): Praying for SFIO | Hon. Justice G. Sridevi.

 

Ia.  December 23, 2019:  Heera Group lawyers agreed to settle all amount of complainants in all cases registered against the company in Telangana, and the honorable High Court imposed stringent conditions before directing the police to take necessary permissions from State Government to transfer the case to SFIO.

 

ORDER

 

3.  The 2nd petitioner shall deposit an aggregate amount of Rs. 5,00,00,000/- (Rupees Five Crores only) before the Metropolitan Sessions Judge, Nampally, Hyderabad.  The amount so deposited by the 2nd petitioner, the Metropolitan Sessions Judge, Nampally, Hyderabad, be invested in an appropriate interest bearing deposit scheme in a Nationalized Bank.

 

4.  The 2nd petitioner is further directed to appear before the SFIO on or before 10.01.2020 and then the SFIO is at liberty to proceed with the investigation by obtaining a bond from her with sufficient sureties for further appearance during course of investigation by SFIO under the provisions of Companies Act, 2013.

5.  After such appearance before the SFIO, the 2nd petitioner shall make all possible attempts to settle the claims of the concerned complainants/ informants, within a period of three months.

PROCESS IGNORED AFTER HEERA GROUP APPROACHED SC.  THIS IS THE ORDER THAT HEERA GROUP WANTED SC TO IMPLEMENT THROUGHOUT THE COUNTRY

LIST OF DATES AND EVENTS | MALEGAON SESSIONS COURT - WITH DOCUMENTS

LIST OF DATES AND EVENTS | HEERA GROUP CASE | MALEGAON

Anticipatory Bail Application No. 585/2019 | Filing Date: December 26, 2019 | Nowhera Shaikh (Applicant) versus State of Maharashtra (Respondent) | Additional Sessions Judge – 2, Malegaon | MPID

 

Ia.  December 26, 2019:  Nowhera Shaikh pleaded for bail against the promise of settling all claims of the complainants as well as those who have not come forward to claim within a period of 16 months from her release.

 

5.  The Applicant has therefore filed the present application for pre arrest bail on the following grounds, each of which is set out without prejudice to the other.

 

(o).  The Applicant humbly submits that the investors who want to withdraw their money can apply for withdrawals by means of withdrawal forms of the company. The money invested by them shall be returned to them in the following schedule:

 

i]  25% of the amount invested by the individual investor applying for withdrawal will be returned in the first four months that will be paid quarterly by the company.

 

ii]  Another 25% of the amount invested by that individual investor applying for withdrawal will be returned in the next four months that is total 8 months that will be paid quarterly by the company.

 

iii]  Another 25% of the amount invested by that individual investor applying for withdrawal will be returned in the next four months that is total 12 months that will be paid quarterly by the company.

 

iv]  Another 25% of the amount invested by that individual investor applying for withdrawal will be returned in the next four months that is total 16 months that will be paid quarterly by the company. The investor will start getting their requested money back within a period of 16 months from the date of my release and the accounts of the company are defreezed.

 

Ib.  January 3, 2020:  Citing the willingness of Nowhera Shaikh to settle the claims of the complainants, Malegaon District Court granted Anticipatory Bail by imposing certain stringent conditions:

 

ORDER

 

3.  Applicant shall deposit the amount of Rs. 1,10,00,000/- (Rs. One Crore Ten Lakhs Only) within three weeks from the date of this order as a condition precedent. If applicant fails to deposit the said amount before the Ld. Magistrate within three weeks, the bail order will stand cancelled automatically.

PROCEEEDURE CAME TO HALT AFTER HEERA GROUP APPROACHED SC.  HEERA SUBMITTED SC PETITION COPY TO MALEGAON DISTRICT COURT.

LIST OF DATES AND EVENTS | BOMBAY HIGH COURT - WITH DOCUMENTS

LIST OF DATES AND EVENTS | BOMBAY HIGH COURT

Criminal Bail Application No. 2008/2019 | Filing Date: July 15, 2019 | Nowhera Shaikh (Applicant) versus State of Maharashtra (Respondent) | Hon. Justice Sandeep K. Shinde J.

 

Ia.  January 15, 2020:  Bombay High Court had directed the Competent Authority, Shri Avinash Shinde, S.D.O., to prepare for disbursement of monies in seized bank accounts.  After failing to secure bail from the honorable District Court, Thane, Nowhera Shaikh (Applicant) sought bail in Bombay High Court via CBA No. 2008/2019. On January 15, 2020, the Applicant agreed on Winding Up and Liquidation, and the matter was referred over to Competent Authority (Additional Collector, Mumbai) for the same. Order attached along with this letter, points No. 12 & 13 noted herein for your reference:

 

12.  Mr. Kadam, Learned Counsel for the applicant, by taking me through the conditions imposed by the Court of Telangana State as mentioned above, submits that the applicant shall satisfy the claims of the depositors within 12 weeks after her release from the jail. The affidavit to that effect has also been filed on record.

 

13.  The Court will consider the argument of Mr. Kadam once the court is satisfied that adequate steps have been taken by the Competent Authority to secure the disbursement of amounts lying with the bank accounts of the said financial establishment amongst the affected investors.

 

14.  Stand over to January 29, 2020.

 

Ib.  January 22, 2020:  Communication from Heera Group to Competent Authority Shri Avinash Shinde, S.D.O., mentioning addition of FIRs/claims for settlement/disbursement.

 

Ic.  January 29, 2020:  Court directed Competent Authority to report compliance of order dated January 15, 2020.

 

1.  Competent Authority is directed to submit the report of compliance of order dated 15^th January, 2020, and remain present on the next date of hearing.

 

2.  Stand over to 18^th February, 2020.

 

Id.  February 18, 2020:  Competent Authority failed to respond to court orders dated 15^th January, 2020, and 29^th January, 2020. Court issued Show-Cause notice to both Competent Authorities and directed Applicant to place SLP 31/2020 (Supreme Court) for perusal.

 

2.  This Court vide order dated 15^th January, 2020, had directed the Competent Authority, appointed under Maharashtra Protection of Interest of Depositors Act 1999 (MPID for short) to take the appropriate steps to ensure that amount lying in the bank accounts of the establishment is made available to the designated Court for reimbursement to the effected depositors, and was further directed to take steps within one week.

 

3.  The Competent Authority had neither taken steps nor submitted the report of compliance and therefore on 29.01.2020, Competent Authority was directed to remain present in the Court.

 

4.  Learned APP has shown the communication vide which, order dated 15.01.2020 was communicated to the Competent Authority, however Competent Authority has failed to respond, to it.

 

5.  Issue notice to the Competent Authority namely (i) Dr. Mohan Naladkar, S.D.O. Bhiwandi, Division Bhiwandi and (ii) Shri Avinash Shinde, S.D.O. Thane Division, Thane, to show cause as to why the action of Contempt of Court should not be taken against him.

 

6.  Stand over to 11^th March, 2020.

 

7.  In the meantime, the applicant is directed to place on record a copy of SLP of 31/2020 for the perusal of this Court.

 

Ie.  March 11, 2020:  Home Department, Government of Maharashtra responds to the court’s show-cause notice and the court discharges the notice of contempt against the Competent Authorities. Court peruses the Applicant’s petition in Supreme Court (31/2020) and advises pointing out of the status of the court’s proceeding in CBA 2008/2019 to the Supreme Court.

 

1.  In compliance with the order passed by this Court, Dr. Mohan Naladkar, S.D.O., Bhiwandi, and Shri. Avinash Shinde S.D.O., Thane, are present before the Court.  Learned APP tendered the letter dated 5^th March, 2020, issued by the Home Department, Government of Maharashtra to Sub Divisional Officer, Thane, stating that the Additional Collector, Mumbai City, has been appointed as the Competent Authority in relation to the properties of Heera Gold Exim Ltd., Heera Retail Pvt. Ltd., Heera Textile Ltd., and Heera Foodex Pvt. Ltd.

 

2.  The said letter is taken on record and marked “X” for identification.  It is also brought to notice that the applicant and other had preferred Writ Petition before Honorable Supreme Court and notice has been issued in Writ Petition as well as in the application for grant of interim stay, returnable in 3 weeks. It is submitted that the said petition was filed for clubbing the several cases being investigated by one agency.  In view of the letter dated 5^th March, 2020, the notice of contempt issued against the aforesaid officers stands discharged.  It would be appropriate to point out the status of the proceeding before Apex Court.  Stand over to 26^th March, 2020.

PROCEEDINGS CAME TO HALT AFTER HEERA GROUP APPROACHED SUPREME COURT.  BOMBAY HIGH COURT DECIDED TO WAIT FOR RESULT FROM SC.

Google Drive Link To Documents - https://drive.google.com/drive/folders/1952lgvE30wZR_KKGe820xdHwV0f6iWQU?usp=sharing

WHAT’S WRONG WITH HEERA GROUP’S COMPLIANCE REPORT | ANALYSIS OF THE 160-PAGES FOURTH AFFIDAVIT ALONG WITH EARLIER SUBMISSIONS

I – The Fourth Affidavit’s Title
II – The Index Section
III – Fifteen Pages Proving Settlement of 1300 Investors, Gold
IV – Forty Four Pages of Bank Statements, No Documents to Correlate.
V – Six Pages of Bank Statements (RTGS), No Documents to Correlate.
VI – Third Affidavit, 13 Pages of Settlement Letters.
VII – The Maths, 78 documents versus the claim to have settled 7000.
VIII – Compliance Summary

I - Title:  The title given to the Compliance Report - Fourth Affidavit of Compliance, is to suggest that the earlier three affidavits have proof of compliance in them as well.  Heera Group had deposited 6 crores, visited Kukatpally PS, etc, but with regards to paying/settling its investors, there is no proof submitted, no compliance in either of the earlier three affidavits.

II - Index:  The index section has 20 different types of documents submitted, out of which only three points mention some kind of proof of payment/compliance towards settlement of investors' dues (Index No. 4, 7, and 8).  Index No. 1 is the Affidavit describing compliance.  Index No. 2, 3, 5, and 6 are court orders and transaction documents that are necessary to establish context of the Affidavit describing compliance.  The remaining Index No. 9 to 20 are about some land and properties that the company expects the Supreme Court to handover to them.

III - Index No. 4 - Annexure P-3 | Page 33 to 47 | True Copy of Unit Purchase Receipts of Gold/Item showing physical transfer of gold/items by Petitioners to Investors dated from 29.1.2021 to 23.4.2021

Issues with Index No. 4:  Only 15 pages only, Page 33 to 47 | Despite the claim of having returned investments/settled 1300 investors in the form of gold, only 8 investors' name have been mentioned and only 15 documents provided, out of which three investors' documents are fabricated, mentioned below:

Page 33 & 34:
- Retail Invoice - Ayesha Zaheer
- Unit Purchase Receipt - Ayesha Zaheer
Signatures of investor does not match.

Page 35 & 36
- Retail Invoice - Shaik Afrin
- Unit Purchase Receipt - Shaik Afrin
Signatures of investor does not match.

Page 37 & 38:
- Retail Invoice - Syed Ayesha
- Unit Purchase Receipt - Syed Ayesha
Signatures of investor does not match.  Signature of Syed Ayesha on page 37 is same as signature of Shaik Afrin in page 35.

IV - Index No. 7 - Annexure P-6 | Page 52 to 95 | True Copy of the Bank Statement of Petitioners dated nil showing the payment of amount to Complainants through RTGS

Issues with Index No. 7:  Forty four pages of Bank Statements (Page 52 to 95) have no supporting documents that can be tallied with.  How would one know who the payment has been made to?  The correct way would have been establish identity and proof of investment and relate it to the transaction the investor has been paid through in the statement of account submitted.

V - Index No. 8 - Annexure P-7 | Page 96 to 101 | True Copy of the Bank Statement of Petitioner and copy of Cheques dated 20.6.2021 showing the payment of amount to Complainants through RTGS.

Issues in Index No. 8:  Only 6 pages of copies of cheques and bank statements with no supporting documents, similar to Annexure P-6, does not establish payment made to complainant.

VI - Third Affidavit (May 3, 2021) Analysis 

In her third affidavit submitted to the Supreme Court of India, Heera Group claims to have settled more than 2500 noncomplainants via the help of data retrieved by GoDaddy (Point No 15), as well as paying more than 1300 investors in the form of gold (Point No. 16).

Issues in Third Affidavit:  In support of these claims, Heera Group has annexed only 13 pages (Page No. 66 to Page No. 78), showing bank statement of accounts and copies of settlement letters that they claim to have supposedly paid to non-complainants to establish their claims of having paid 2500 noncomplainants and 1300 investors via bank transfers, cash, or gold.  These settlement letters have no original signatures or contact numbers of investors and neither do they have bank statements to prove genuineness.

Whatever they have submitted in the third affidavit as proof of payment is inconclusive and insufficient for any kind of verification by any authority/department.

VII – Number of documents submitted as proof of payment/settlement to investors

Third Affidavit:  (Page No. 66 to Page No. 78) – Index No. 6, 7, and 8:*  13 pages containing Settlement Letters and Bank Statements

Fourth Affidavit (Compliance Report):
*(Page No. 33 to Page No. 47) – Index No. 4:*  15 pages titled physical transfer of Gold by petitioner.
*(Page No. 52 to Page No. 95) – Index No. 7:*  44 pages titled bank statement of petitioner – No other documents to tally with.
*(Page No. 96 to Page No. 101) – Index No. 8:*  6 pages titled bank statement of petitioner and copy of cheques.

 A total of only 78 documents submitted as proof of payment of which the majority consists of unrelating bank statements against the petitioner’s claims of having settled more than 7000 investors through RTGS, bank transfers, cheques, and in the form of physical gold in “Page No. 9, Point No. 13” and Page No. 19, Point No. 20” of the Fourth Affidavit/Compliance report submitted on June 30, 2021.

VIII – Summary of Compliance, Third and Fourth Affidavits

The number of interventions filed post completion of the first 6 weeks of the interim bail granted by this court is a result of investors feeling insecure and wanting this court to know that the company has not complied with its January 19, 2021, order to pay/settle all complainants.

Given the way the company has been conducting itself for long, especially more recently, we no longer have faith in the company and have serious concerns of contempt of court and misappropriation of funds by the company in exchange for the trust bestowed upon it by the Hon’ble Apex court.

Investors believe that the company claiming to have settled/paid thousands of unknown entities is nothing but an attempt to find ways to siphon off the money secured by the investigating agencies of their respective states.

-----
Who is Nowhera Shaikh? Is Heera Gold real or fake? Nowhera Shaikh is a self-proclaimed Islamic Scholar who addresses herself as a doctor and is responsible for the luring more than 1,72,000 Muslims to invest in her Ponzi schemes floated under the banner Heera Gold.  There have been more than 30 FIRs registered against her and the promoters of Heera Gold, and authorities investigating her cases have stated her business modules to be on the lines of Ponzi.  She has spent more than 2 years in jail and is currently out on Interim Bail and the Supreme Court of India has ordered her to settle all dues or face jail again.  As of December 2021.

HEERA GROUP CASE SUMMARY - WITH SUPREME COURT DOCUMENTS

I - COURT CASE SUMMARY

SEPTEMBER 2018 TO NOVEMBER 2018
From Arrest up until filing of first petition in SC
- September 2018 – First FIR, Banjara Hills, Hyderabad.
- October 15, 2018 – Arrest.
- October 2018 (Late) – Nampally Metropolitan Court granted bail.
- November 2018 (Early) – Central Crime Station, Hyderabad, approach Hyderabad HC.  Hyderabad HC issued order stating the bail granted was erroneous.  Bail cancelled before release.
- November 2018 – Heera files petition in SC.  SC refuses to intervene.

NOVEMBER 2018 TO DECEMBER 2019
Several other FIRs were registered against Heera Group (Over 25).  Custody/transfers:  Maharashtra, Andhra Pradesh, Karnataka, Kerala.

- Thane District Court, Justice JP Jhadav ROP stating there must be more victims, denied bail.
- Malegaon District Court offers bail against settlement of claims within 2 weeks.

- Bombay High Court offers bail against settlement of all claims, but only after settlement is done.  Maharashtra’s Competent Authority (Additional Collector) summoned.  Heera writes letter to Competent Authority.

DECEMBER 2019
*Telangana HC grants bail; Heera files another petition in SC.*
- December 2019 – Telangana HC ordered bail with conditions to settle all claims of investors within 3 months and a deposit of Rs. 5 crores.  Post this, Heera filed another petition in SC in January 2020, pleading to implement Telangana order for all other states, grant bail, club all cases to be investigated under one single agency, SFIO, and provide chance to pay/bail.

JANUARY 2020 TO DATE
Supreme Court Record Of Proceedings

JANUARY 2020:  Petition filed by Heera Group in SC, praying for all cases to be clubbed and sent to SFIO, citing unfair handling of cases by State of Telangana given political rivalry with AIMIM.  Also stating that the company has sufficient sources of funds using which they can pay all claimants immediately after the CEO is given a chance to do so (bail).

- Delay due to Covid-19.

JANUARY 11, 2021:  Heera files an undertaking promising to pay all complainants within 6 weeks on grant of bail/release, and settle any other remaining due (those who have not complained yet) within 6 months.

JANUARY 19, 2021:  SC grants interim bail ordering Heera to pay all complainants within 6 weeks.

- Heera excuses in the hearings after release on bail - Enforcement Directorate has taken away all monies in banks, bank account not defreezed, seized data instruments not provided by State of Telangana/FSL and so unable to facilitate settlement of dues to complainants.

- Enforcement Directorate returns back monies into Heera accounts.

- Heera prepares documents to establish proof of payment done to complainants.  Claims to have settled around 3000 claimants.

- Dissatisfied with the submissions, SC asks Heera to submit compliance report on or before June 30, 2021.  Heera submits printed accounts on company letterheads (more than 500 documents), now claiming to have settled more than 7000 claimants.

AUGUST 6, 2020:  Hearing – Distracting attention from the submitted compliance report, Heera lawyer starts off the hearing stating that the State of Telangana has still not provided them investors’ data.  Telangana blames delay in acquiring data instruments from FSL, also states that they have written to Heera asking them to reply as to what part of the seized material is required for the company to start verification and disbursement.  SC shows displeasure in the functioning of State/s.  Makes January 19, 2021, order absolute, i.e., bail until State comes up with their own verified list.  Since the original petition filed in January 2020 by Heera was requesting the SC to club all cases and send to SFIO, SC decided not to argue on the settlement and bail issue until states come up with verified list of investors themselves, and decides on hearing whether the cases should be clubbed and sent to SFIO or not.

HON. ADDITIONAL SOLICITOR GENERAL OF INDIA, MR. S.V. RAJU IS COORDINATING WITH STATES AND OTHER CONCERNED PARTIES TO COME UP WITH VERIFIED LIST OF CLAIMANTS - NEXT DATE SEPTEMBER 22, 2021 

SEPTEMBER 22, 2021:  Hon. Additional Solicitor General of India, Mr. S.V. Raju was not present because of being physically present in SC, arguing against a Death Sentence.  Hearing postponed to October 22, 2021.

Supreme Court Documents - https://drive.google.com/drive/folders/1L-WLmqTm4gdlYjDyQMjD6BrE1XkkWRXk?usp=sharing

 

 

HOW HEERA GROUP USED PRP GRANITE EXPORT VIDEOS TO INDUCE PEOPLE TO INVEST IN PONZI

 

May this reach our brothers and sisters in media:

Dear brothers/sisters:

Nowhera Shaikh of the Heera Gold Scam has always claimed to have been trading in Gold, Textile, Food, Granite, etc, but reality is that the only business she and her company were into was Ponzi.  On trying to find out the facts behind her claim of owning and running a ‘granite manufacturing business,’ we have come across the following shocking facts.

Nowhera Shaikh and group has taking video footages from existing granite companies, added her logo to these footages and uploaded in her company’s YouTube channeled named Heera Group Official.  Our research shows that more than 80% of the footage edited and uploaded in the company’s channel was taken from an existing Granite Export company named PRP Granite Exports.

We have listed the original videos of PRP Granite Exports (Uploaded by PRP in the month of *March 2012*) followed by Heera Group edited video below (Uploaded by Heera Group in the month of *November 2012*) for cross referencing.

COPIED FROM:
PRP MAIN FOOTAGE COPY (1 MINUTE 45 SECONDS):
VIDEO TITLE:  PRP Exports part1 (1)-2.avi
VIDEO LINK:  https://www.youtube.com/watch?v=969XjGeebvo
TIMING:  0:35 to 1:40 – *(1 minute 5 seconds)*
&
VIDEO TITLE:  PRP Exports part1 (1)-3.avi
VIDEO LINK:  https://www.youtube.com/watch?v=sI9zqlJvdGU
TIMING:  0:02 to 0:42 – *(40 seconds)*

COPIED TO:
HEERA GROUP EDITED VIDEO:
VIDEO TITLE:  Heera Granite Export
VIDEO LINK:  https://youtu.be/zbFkKsikmfc
TIMING:  8:55 TO 10:40 – *(1 minute 45 seconds)*

CHANNEL NAME:  Heera Group Official
CHANNEL LINK:  https://www.youtube.com/channel/UCovDEWgojt-jFRS-HFWGUjQ

Apart from the JNAS Madrassa and videos from Islamic Scholars such as Meraj Rabbani, Mohammed Aqil, Jalaluddin Qasmi, Arshad Basheer Madani, Sanaullah Madani, and Maulana Jarjeesh, such fabricated videos showing existence of businesses were constantly being played on the monitors and television screens of Heera Group offices to induce investors to invest.

OTHER FOOTAGES COPIED BY HEERA GROUP

FOOTAGE #1 (6 seconds):  8:24 to 8:30 in Heera Group Video – Video pan showing PRP Granite Export Buildings
COPIED FROM:
Video Title:  PRP Exports Intro.flv
Video Link:  https://www.youtube.com/watch?v=ZNep-1Kz8E4
Timing:  0:00 to 0:06

FOOTAGE #2 (10 seconds):  8:37 to 8:47 in Heera Group Video – Video showing granite field
COPIED FROM:
Video Title:  PRP Exports part1 (1)-2.avi
Video Link:  https://www.youtube.com/watch?v=969XjGeebvo
Timing:  0:00 to 0:10

Even after it be clear that Heera Group has cheated people in the name of religion and fake show of businesses, innocent victims are still believing that this company was genuine.  Nowhera Shaikh has activated a group of YouTubers who continue to create videos claiming the company itself to be genuine and a victim of political conspiracies and circumstances.

Hence, we the victims of Heera Group *request all our brothers and sisters of media to please highlight this study* of ours on the Fake Granite Business of Heera Group so that other victims who still believe that Heera Group was genuine, get closer to truth.

Please help us help others know the truth.

-----
Who is Nowhera Shaikh? Is Heera Gold real or fake? Nowhera Shaikh is a self-proclaimed Islamic Scholar who addresses herself as a doctor and is responsible for the luring more than 1,72,000 Muslims to invest in her Ponzi schemes floated under the banner Heera Gold.  There have been more than 30 FIRs registered against her and the promoters of Heera Gold, and authorities investigating her cases have stated her business modules to be on the lines of Ponzi.  She has spent more than 2 years in jail and is currently out on Interim Bail and the Supreme Court of India has ordered her to settle all dues or face jail again.  As of December 2021.

JAMIAT AHLE HADEES HYDERABAD SOLD OUT? | RS. 100 CRORES WORTH PROPERTY LOST TO SA BUILDERS | HEERA GOLD SCAM

*ATTENTION JAMIAT AHLE HADEES, HYDERABAD*

To summarize the hue and cry against the events being held in Masjid E Bilqis, you are urged to examine the following facts with great attention.

*Fact #1:*  It is in public knowledge and established by the investigating authorities of the Heera Group case that Nowhera Shaikh of Heera Group had numerous dealings with Sayed Akhtar of SA Builders, and a sum of about Rs. 148 crore (Rupees One Hundred Forty Eight crores) had been transferred by Nowhera Shaikh to Sayed Akhtar over the years preceding her arrest in October 2018 against the purchase of the land on which Masjid E Bilkis stands today.

*Fact #2:*  It cannot be denied and there are numerous data online establishing that the foundation of Masjid E Bilqis had been laid by the same group (Heera Group) about the year 2016/17 and they had begun construction soon after purchasing the land in question.

*Fact #3:*  Heera Group began building the mosque on 600 gaz land and after Nowhera Shakh got arrested, Sayed Akhtar illegally occupied that land (8 acres) and another 600 gaz was given for the purpose of further construction on the existing structure with the intention to build Masjid E Bilkis. The same has been said by your committee member and is on record in video format on YouTube.

*Fact #4:*  It is known and stated by your committee member that it is the family members and close aides of Nowhera Shaikh’s who were and still are in majority the core committee members of Masjid E Bilkis.

*Fact #5:*  It is known that the name Masjid E Bilqis was kept after the name of the mother of Nowhera Shaikh’s.

*Fact #6:*  It is known that Jalaluddin Qasmi was a staunch promoter of the group and played instrumental roles in inducing people of the community to invest in the group, which resulted in severe disasters in the lives of the victims of the Heera Gold scam, but yet he is being invited by the Jamiat to lecture people on several occasions/events that are being held in Masjid E Bilqis, thereby hurting the sentiments of all those affected by the scam.

Taking into serious consideration the above points, our argument is that not only Masjid E Bilqis has been constructed on the land that is in actuality a means of return of rights to the victims of this scam, but there are several colonies that have been developed on the land by Sayed Akhtar of SA Builders, which has now resulted in complete loss of recovery of over Rs. 100 crores that was meant to be returned to the victims of the Heera Gold Scam. Sayed Akhtar of SA Builders forcibly occupied the land in question and began constructing buildings on it despite knowing that the land is seized by Enforcement Directorate for recovery purposes for the victims of the Heera Gold scam, and you Jamiat Ahle Hadees, Hyderabad, Masjid E Bilqis committee watch all this happen before your eyes. You have watched our huqooq being crushed before you every passing day and did nothing to save our rights.

We ask as to how will the property be liquidated and how will the victims get their rights back, now that the land has been occupied by Masjid E Bilqis and other structures within the disputed land in question. Why would we be wrong to state that Heera Group’s and SA Builders’ intention behind building Masjid E Bilqis was to secure the adjacent properties for themselves?

Today, out of the Rs. 300 crore worth property attached (registrar value), around Rs. 100 crore has been lost only because you did not care. Most importantly, Salah was not established before ED attached the property and so knowing that the land is in dispute, how could you, Jamiat Ahle Hadees, Hyderabad, disregard the dispute and continue with the construction of a mosque on it? What have you done to us? Who is answerable for our loss?

We need answers and you will only reply if you are true to your own self.

*VICTIMS OF HEERA GOLD AND SA BUILDERS SCAM*

-----
Who is Nowhera Shaikh? Is Heera Gold real or fake? Nowhera Shaikh is a self-proclaimed Islamic Scholar who addresses herself as a doctor and is responsible for the luring more than 1,72,000 Muslims to invest in her Ponzi schemes floated under the banner Heera Gold.  There have been more than 30 FIRs registered against her and the promoters of Heera Gold, and authorities investigating her cases have stated her business modules to be on the lines of Ponzi.  She has spent more than 2 years in jail and is currently out on Interim Bail and the Supreme Court of India has ordered her to settle all dues or face jail again.  As of December 2021.

HEERA GROUP’S FAILED PROMISES AND THE PROPOSAL TO SETTLE IN SUPREME COURT | STUDY

Out of the 26 FIRs and more registered against the company, in none of them has the company managed to establish existence of business or source of funds using which the company can (or intends to) pay back its depositors. Any kind of proposal by the company to settle the complainants may be deemed satisfactory only if supported by ‘verified source of funds’ that the company must submit as well as ‘depositing of promised money’ for settlement in all other courts (Hyderabad High Court, Malegaon Sessions Court, Bombay High Court) as security for complainants before granting bail.

Image #1

It is evident that Nowhera Shaikh’s sole intention behind promises to settlements in various courts of India is only to procure bail by misguiding the courts.  There are extremely high chances that Nowhera Shaikh may abscond like the other numerous accused in the case (only three out of thirty three arrested) and this may only delay the case further, thereby amounting to more injustice to the victims who are in desperate anticipation of recovery.

LIST OF EVENTS:
#1 - Nampally Criminal Court:  The court had ordered a deposit of Rs. Five Crores but the company has failed to deposit.
#2 - Hyderabad High Court:  Justice Sri Devi had ordered a deposit of Rs. Five Crores within two months and settlement of all claimants/informants in Telangana within a period of three months in the bail order, yet to be realized.
#3 - Malegaon Sessions Court:  The additional sessions judge had ordered Nowhera Shaikh to deposit Rs. 1,10,00,000/- (one crore ten lakh rupees) within three weeks from the date of order as a precedent condition for granting bail.
#4 - Bombay High Court:  Nowhera Shaikh agreed and the court ordered disbursement of monies lying in the seized bank accounts in exchange for bail. The court had also directed the assigned Competent Authority to take adequate steps to secure the disbursement of the amounts lying with the bank accounts of the company.
#5 – Letter to Competent Authority (Maharashtra):  On followup to the Bombay High Court order of disbursement of monies lying in the seized bank accounts of the company, the company had communicated with the assigned competent authority, requesting addition of individual FIRs (FIRs not registered under Depositor’s Act) to the disbursement procedure.
#6 - Registrar of Companies Case:  In the case of Registrar of Companies vs Nowhera Shaikh and others, on Defense Evidence, Nowhera Shaikh had stated that all her documents were seized by Ram Kumar, ACP, PS, CCS, Hyderabad, thereby establishing lack of data availability with company.

In summary, Nowhera Shaikh’s proposal to settle the investors cannot be taken seriously because two major reasons out of many, backed by the above list of events; firstly, the company failed to uphold their promises of paying/settling complainants of various cases registered against it; and secondly, the company claims to not have any data related to the investors, and so it is not clear to the investors as to how any kind of ‘proposal to settle’ the investors could be realized.

Y. Sayed
For All India Heera Victims Association

LIST OF DOCUMENTS/COURT ORDERS SUPPORTING THE ABOVE
1.  Nampally Court Order – MSJ Courts, Hyderabad, Criminal Bail Application No. 3229 of 2018 (CNR No. TSHM000072442018).
2.  Hyderabad High Court – Writ Petition No. 5449 and 7950 of 2019, Common Order.
3.  Malegaon Sessions Court – Criminal Bail Application No. 585 of 2019 in C.R. No. 183/2019.
4.  Bombay High Court - Criminal Bail Application No. 2008 of 2019.
5.  Letter From Heera Group to Competent Authority (Maharashtra), dated January 22, 2020.
6.  Registrar of Companies vs Nowhera Shaikh & Others (CNR No. TSHM000035902019).

Link to Documents 1 to 6: https://drive.google.com/drive/folders/1qJuIxz5rFbYugDfWeIkWuFeEDc1LP6Iz?usp=sharing

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Providence Capital | Another Economical Scam & The Need to Speak Up – The Whistleblower

 

Kaushik Banerjee, originally from Kolkata, was an employee of a company in Hyderabad where he had posed himself as an expert share market trader. He had promised a 10%-per-month return to those who invested through him, supposedly in the share market. Paying the 10% dividends to his colleagues for the initial few months gained him immense trust of other colleagues and soon people started rushing to invest with Kaushik. According to CCS Hyderabad, today, an estimate total amount of money collect by Kaushik sums up to Rs. 40 crores or even more.

--- Image - Rekha & Kaushi Banerjee

The main characteristic of a Ponzi scheme is where a company or a person takes in money and provides high returns, without actually conducting any kind of business from the investments taken in. Similarly, it is known today that Kaushik was never into any kind of share market trading and simply returned a monthly 10% back to the investor against the total deposit taken from him/her. This high return of 10% per month created a cascading effect through word of mouth which led to more and more people investing with Kaushik. Kaushik eventually left his job and became a full-time deposit-taker, and thus this story of a new Ponzi scam born.

As we know, Ponzi scams have short lives and this one too subsequently burst out about five months ago when Kaushik absconded with all the money collected from over a thousand people. A few of the investors (not named herein) approached Shahbaz Ahmed Khan (who played a substantial role in exposing other major scams such as Heera Gold, IMA) and informed him of what had happened. Shahbaz Ahmed Khan and his team members along with one of the investors managed to file an FIR under IPC 420 & IT Act after which Officer Srinivasa Rao acted and nabbed Kaushik and his accomplice Rekha from Pune.

Today, more than four FIRs have been filed in various police stations in Hyderabad, and CCS Hyderabad is working on registering TDPFE/BUDS to the case. Investors have visited CCS and a few of them have confronted Kaushik Banerjee and Rekha and have realized the breach of trust done by them. Investors demand that all bank accounts of the immediate relatives of both Kaushik and Rekha and others involved in the scam, be scrutinized for the purpose of maximum recovery.

Shahbaz Ahmed Khan’s constant fight against such economic fraudsters have created a lot of threat unknown sources yet he continues to raise his voice against them. “Whether you like me, my voice, my ways, or whether you don’t.. it doesn’t matter. What matters is that we need to speak up against injustice and force our government to create more stringent laws to eliminate the possibility of any such economical scams in future. Until then, the responsibilities lie in the hands of the Whistleblowers,” he said.

We salute the tireless efforts of Mr. Shahbaz Ahmed Khan in exposing such scams and making sure the guilty get prosecuted, and we urge more people to speak up against injustice.. that’s a minimum we must do.

--- By Victims of Heera Gold, IMA, Providence Capital.

Heera Group Scam | MCA (ROC) Companies Act | What Would SFIO Add To The Case?

Heera Group Scam | ROC Case Hyderabad

Nowhera Shaikh was examined on November 15, 2019, and when the court questioned about the business module and company whereabouts, all that she stated was that all company documents were seized by ACP Ram Kumar, CCS, Hyderabad. She had nothing to offer in defence.

Given this situation, what purpose would it serve to club the cases and send them to SFIO? Where is CCS lacking? What about the foreign businesses and bank accounts that are known to all of us? Why not hand it over to CBI? Heera Group had no business on ground which is why they have no defence. "Ponzi," as stated by SEBI, ED, CCS, Mumbai EOW and other bodies investigating.

Whatever investigating body would be investigating the Heera Group case after a Supreme Court direction, investors need a thorough investigation to the least with prosecution of all directors, promoters, vendors (branch incharge), and agents, and liquidation of assets on an urgent basis.

In the interest of Heera Group Investors.