Justice (retired) BN Shrikrishna was appointed by the Bombay high court as mediator for the resolution of a dispute between the Parsi Punchayet Trust and Properties and some members of the community regarding the construction of a 14-storey building in Andheri for poor and needy Parsis.
Published in Hindustan Times
The division bench of justice SA Bobde and justice Mridula Bhatkar has directed the warring factions — Parsi Punchayet and community members Bomy Patrawala and Parvez Firoze — to remain present before justice Shrikrishna on February 6.
The dispute pertains to 43,000 sqm land at Panthaki Baug in Andheri donated to the Punchayet for Merit Rating Scheme under which housing at concessional rates is provided to poor, needy and deserving Zoroastrians.
The Parsi Punchayet had approached the high court challenging an order by the Charity Commissioner on November 5, 2008, acting on a complaint by Patrawala and Firoze. The trust had contended that the Charity Commissioner had unnecessarily interfered in the implementation of the scheme.
On October 15, 2009, the parties to the petition, however, filed consent terms on the basis of which the court allowed the Punchayet to dispose of the remaining constructed flats to deserving Parsis. The Punchayet had given an undertaking that they would, within two years, construct buildings with at least 300 flats.
The trust has now moved a plea seeking extension.Their counsel Rafiq Dada pointed out procedural and technical hurdles faced by the trust and sought three years more.
Nilima Dutta, counsel for the two community members, opposed the plea contending that the order contemplates entertaining extensions only if substantial progress is made in the construction.
Such mediation proceedings have not yielded any results in the past as experience would suggest.Many a well meaning persons with interest of community at heart and for sake of avoiding adverse publicity have opposed misutisation of Trust Funds towards legal charges. The not so magnificent seven are under pressure not to squander public trust money in propping up their false egos and if rumors are to be believed they already dangling a carrot to the priest in the RENEGADE matter as the Trustees do not want to face public ire if verdict of apex court uphold the Bombay High Court judgment.
Much truth in what has been said by Adar. Conciliation and mediation are just time pass tactics. The mediator enjoys hospitality of the concerned disputing persons and then will say, he has failed in making both parties arrive at a Settlement and so you back to square one.
Much truth in what has been said by Adar. Conciliation and mediation are just time pass tactics. The mediator enjoys hospitality of the concerned disputing persons and then will say, he has failed in making both parties arrive at a Settlement and so you back to square one.
Much truth in what has been said by Adar. Conciliation and mediation are just time pass tactics. The mediator enjoys hospitality of the concerned disputing persons and then will say, he has failed in making both parties arrive at a Settlement and so you back to square one.
If WAPIZ Trustees do not stick to their firm stand and get the matter settled by the apex court, and instead go for some out of court settlement as said by Adarbahman then they are compromising the assurance given to us orthodox group that they will take all steps to preserve and protect our heritage. Where is the need for mediation. No court can interfere in Religious affairs and once our high priests are represented then Bombay High Court judgment is bound to set aside.
If WAPIZ Trustees do not stick to their firm stand and get the matter settled by the apex court, and instead go for some out of court settlement as said by Adarbahman then they are compromising the assurance given to us orthodox group that they will take all steps to preserve and protect our heritage. Where is the need for mediation. No court can interfere in Religious affairs and once our high priests are represented then Bombay High Court judgment is bound to set aside.
If WAPIZ Trustees do not stick to their firm stand and get the matter settled by the apex court, and instead go for some out of court settlement as said by Adarbahman then they are compromising the assurance given to us orthodox group that they will take all steps to preserve and protect our heritage. Where is the need for mediation. No court can interfere in Religious affairs and once our high priests are represented then Bombay High Court judgment is bound to set aside.
If WAPIZ Trustees do not stick to their firm stand and get the matter settled by the apex court, and instead go for some out of court settlement as said by Adarbahman then they are compromising the assurance given to us orthodox group that they will take all steps to preserve and protect our heritage. Where is the need for mediation. No court can interfere in Religious affairs and once our high priests are represented then Bombay High Court judgment is bound to set aside.
Some of the Trustees are scared of the ire of the general Parsi that will get reflected in the next election and if sources in BPP are to be believed, hectic efforts are going on to avoid going to apex court and for that they want some face saving formula after the egg on their faces.
Some of the Trustees are scared of the ire of the general Parsi that will get reflected in the next election and if sources in BPP are to be believed, hectic efforts are going on to avoid going to apex court and for that they want some face saving formula after the egg on their faces.
Some of the Trustees are scared of the ire of the general Parsi that will get reflected in the next election and if sources in BPP are to be believed, hectic efforts are going on to avoid going to apex court and for that they want some face saving formula after the egg on their faces.
Some of the Trustees are scared of the ire of the general Parsi that will get reflected in the next election and if sources in BPP are to be believed, hectic efforts are going on to avoid going to apex court and for that they want some face saving formula after the egg on their faces.
Why only the WAPIZ trustees, all the trustees will face the ire of Parsis if they fail to preserve and protect our traditions. I agree with Tehmul on the gaurantees of the Indian constitution. The efforts are only to save the litigation cost. But if the other side does not see reason the trustees will do the needful.
Why only the WAPIZ trustees, all the trustees will face the ire of Parsis if they fail to preserve and protect our traditions. I agree with Tehmul on the gaurantees of the Indian constitution. The efforts are only to save the litigation cost. But if the other side does not see reason the trustees will do the needful.
You see Mr. Phiroze,
the reason why I mentioned Trustees belonging to WAPIZ specifically
is due to:-
Firstly, though all Trustees who are a part of the Resolution have to avoid this embarrassment, the reason
why I said WAPIZ Trustees is because they alone were courageous enough to initiate this bold move.
Secondly, it was their conviction and commitment to the
electorate to revive the Parsipanu and banish the forces of those who
encouraged mixed marriages.
Thirdly, WAPIZ page alone complimented all BPP Trustees in
adopting this defrocking resolution.
So in the eyes of the general Parsi, their admiration for
WAPIZ Trustees would be adversely impacted if any compromise does not overturn the interpretation of the
Court that B.P.P. Trustees can not
interfere in religious affairs since B.P.P. was specifically created by our
ancestors to manage estates left behind
by way of donation by philanthropists. My anxiety, which many in WAPIZ have
expressed, is to protect the image of
Trustees belonging to our organization and see that it does not suffer. In fact
I ardently wish that in future all Trustees belong to this Organisation so
that we can isolate all soda lemon elements and bring discipline
in the Community and respect for words of
our High Priests .This can happen only if the Appeal succeeds.
Hope this clarifies misgivings.
Phiroze, You are absolutely right that efforts should be made to save the litigation costs. But can you justify going for Appeal in Supreme Court when theoretical rights of only one solitary priest are concerned and as it is ‘he is too busy’ with performing juddin Navjotes. Even otherwise the Panthakies of two Agiaries under aegis of BPP will never avail of his services and as for Towers of Silence there is already a managing agency system. So what is to be gained by filing an appeal except squandering Trust monies to pamper hurt egos.Are B.P.P. Trustees concerned with only one defrocked priest more than the community at large?
Phiroze, You are absolutely right that efforts should be made to save the litigation costs. But can you justify going for Appeal in Supreme Court when theoretical rights of only one solitary priest are concerned and as it is ‘he is too busy’ with performing juddin Navjotes. Even otherwise the Panthakies of two Agiaries under aegis of BPP will never avail of his services and as for Towers of Silence there is already a managing agency system. So what is to be gained by filing an appeal except squandering Trust monies to pamper hurt egos.Are B.P.P. Trustees concerned with only one defrocked priest more than the community at large?
hi Tehmul thanks for summarizing it so well. i agree with you. God bless
hi Tehmul thanks for summarizing it so well. i agree with you. God bless
hi Tehmul thanks for summarizing it so well. i agree with you. God bless
I extend full support to sentiments of Tehmul.,
Why was B.P.P. created in the first place. Housing was never
the objective. It was created to manage the Towers of Silence. The onus of
protecting this property is more on the hands of WAPIZ representatives on the
Board of B.P.P. because it is very doubtful if
remaining Trustees are equally concerned because they are more
interested in development of real
estates or have inter married close relatives.
It was the Trustees owing allegiance to WAPIZ who showed exemplary courage to raise this issue and sought blessings of our revered High Priests
in getting two Priests actively indulging in conversions to be defrocked and
thus setting an example to act as a deterrent for other money minded Priests.
But for their conviction and commitment to the
electorate to ensure racial purityand
banish the forces of those who encouraged mixed marriages, this bold step would never have been taken. Justifiably
so, WAPIZ took credit for this ban on 2 Priests. Would not the admiration of
common Parsee for WAPIZ Trustees be
undermined if terms of compromise are such that do not overturn the interpretation of the Court
that B.P.P. Trustees cannot interfere in
religious affairs.? In future this Organisation would find it difficult to
field seven candidates for all seven seats.
Many WAPIZ members have expressed an apprehension that the image of Trustees would be tarnished if the principle of supremacy of B.P.P. is
not reaffirmed. Our endeavor should be
to see that the Appeal succeeds and that the word of our High Priests in final
in religious issues. No compromise
should be the watchword. Let the word of our Priests prevail.
I extend full support to sentiments of Tehmul.,
Why was B.P.P. created in the first place. Housing was never
the objective. It was created to manage the Towers of Silence. The onus of
protecting this property is more on the hands of WAPIZ representatives on the
Board of B.P.P. because it is very doubtful if
remaining Trustees are equally concerned because they are more
interested in development of real
estates or have inter married close relatives.
It was the Trustees owing allegiance to WAPIZ who showed exemplary courage to raise this issue and sought blessings of our revered High Priests
in getting two Priests actively indulging in conversions to be defrocked and
thus setting an example to act as a deterrent for other money minded Priests.
But for their conviction and commitment to the
electorate to ensure racial purityand
banish the forces of those who encouraged mixed marriages, this bold step would never have been taken. Justifiably
so, WAPIZ took credit for this ban on 2 Priests. Would not the admiration of
common Parsee for WAPIZ Trustees be
undermined if terms of compromise are such that do not overturn the interpretation of the Court
that B.P.P. Trustees cannot interfere in
religious affairs.? In future this Organisation would find it difficult to
field seven candidates for all seven seats.
Many WAPIZ members have expressed an apprehension that the image of Trustees would be tarnished if the principle of supremacy of B.P.P. is
not reaffirmed. Our endeavor should be
to see that the Appeal succeeds and that the word of our High Priests in final
in religious issues. No compromise
should be the watchword. Let the word of our Priests prevail.
I extend full support to sentiments of Tehmul.,
Why was B.P.P. created in the first place. Housing was never
the objective. It was created to manage the Towers of Silence. The onus of
protecting this property is more on the hands of WAPIZ representatives on the
Board of B.P.P. because it is very doubtful if
remaining Trustees are equally concerned because they are more
interested in development of real
estates or have inter married close relatives.
It was the Trustees owing allegiance to WAPIZ who showed exemplary courage to raise this issue and sought blessings of our revered High Priests
in getting two Priests actively indulging in conversions to be defrocked and
thus setting an example to act as a deterrent for other money minded Priests.
But for their conviction and commitment to the
electorate to ensure racial purityand
banish the forces of those who encouraged mixed marriages, this bold step would never have been taken. Justifiably
so, WAPIZ took credit for this ban on 2 Priests. Would not the admiration of
common Parsee for WAPIZ Trustees be
undermined if terms of compromise are such that do not overturn the interpretation of the Court
that B.P.P. Trustees cannot interfere in
religious affairs.? In future this Organisation would find it difficult to
field seven candidates for all seven seats.
Many WAPIZ members have expressed an apprehension that the image of Trustees would be tarnished if the principle of supremacy of B.P.P. is
not reaffirmed. Our endeavor should be
to see that the Appeal succeeds and that the word of our High Priests in final
in religious issues. No compromise
should be the watchword. Let the word of our Priests prevail.
Merdastoor today there are only two renegades if the Trustees let them have their way soon there will be twenty so the appeal is money well spent. besides if you remember the Trustees were forced to spend on legal costs by the instigaters.
I agree Tehmul.
What Merdastoor has replied makes eminent sense. If I am not mistaken, over 1000 Parsees signed an online petition urging BPP Trustees not to enter into further litigation and waste money on fees of Senior Counsels. No such similar petition has been made by other Parsees urging them to go in Appeal. Much Trust Funds have been spent on Mediation and the best course would be to let things rest as they are.Many Navjotes of children born out of Parsee mothers and non Parsee fathers are being got performed all over India and inter religious marriages are rampant too.Even BPP Chairman’s own son recently got married to a non Parsee lady.
What will further litigation result in except waste of Trust money which could be put to ameliorate Parsees living hand to mouth existence.
Hope better sense prevails.
Our 7 Trustees of BPP loves spending money in the court on 900 pending court cases. They can easily sit down together and reduce no. of court cases. They are just wasting trust money. They are not spending money from their pockets. They do not have any common sense and they love spending trust funds because openly trustees are saying that we love going to courts. It is high time we wait for another election and elect sensible people.
The current issue of Parsi Times deals with the antics of not so magnificent seven occupying office of Trusteeship at D.N. Road. The first hand report speaks Volumes about their level they can stoop to. It is high time some leading Parsees approach the competent court and allow appointment of a permanent Court Appointed Receiver (a Parsee) with another eminent Parsee as an Ombudsman.
Our 7 Trustees of BPP loves spending money in the court on 900 pending court cases. They can easily sit down together and reduce no. of court cases. They are just wasting trust money. They are not spending money from their pockets. They do not have any common sense and they love spending trust funds because openly trustees are saying that we love going to courts. It is high time we wait for another election and elect sensible people.
Our 7 Trustees of BPP loves spending money in the court on 900 pending court cases. They can easily sit down together and reduce no. of court cases. They are just wasting trust money. They are not spending money from their pockets. They do not have any common sense and they love spending trust funds because openly trustees are saying that we love going to courts. It is high time we wait for another election and elect sensible people.
The current issue of Parsi Times deals with the antics of not so magnificent seven occupying office of Trusteeship at D.N. Road. The first hand report speaks Volumes about their level they can stoop to. It is high time some leading Parsees approach the competent court and allow appointment of a permanent Court Appointed Receiver (a Parsee) with another eminent Parsee as an Ombudsman.
The current issue of Parsi Times deals with the antics of not so magnificent seven occupying office of Trusteeship at D.N. Road. The first hand report speaks Volumes about their level they can stoop to. It is high time some leading Parsees approach the competent court and allow appointment of a permanent Court Appointed Receiver (a Parsee) with another eminent Parsee as an Ombudsman.
Mr. Phiroze, FYI, the two Priests who were supposedly defrocked have monthly earnings ranging from four to six times what a poor Mobed in an Agiary earns. I know that you will issue deliver a lecture about such priests being money minded and not being religion oriented. But before you venture to do so think of some of our highnesses who sold their values for brick & mortar.
So tribe of such priests who will follow the example of this duo will certainly go up in time to come and we cannot blame them because they are just following the example set by the Highnesses.
Mr. Phiroze, FYI, the two Priests who were supposedly defrocked have monthly earnings ranging from four to six times what a poor Mobed in an Agiary earns. I know that you will issue deliver a lecture about such priests being money minded and not being religion oriented. But before you venture to do so think of some of our highnesses who sold their values for brick & mortar.
So tribe of such priests who will follow the example of this duo will certainly go up in time to come and we cannot blame them because they are just following the example set by the Highnesses.
Mr. Phiroze, FYI, the two Priests who were supposedly defrocked have monthly earnings ranging from four to six times what a poor Mobed in an Agiary earns. I know that you will issue deliver a lecture about such priests being money minded and not being religion oriented. But before you venture to do so think of some of our highnesses who sold their values for brick & mortar.
So tribe of such priests who will follow the example of this duo will certainly go up in time to come and we cannot blame them because they are just following the example set by the Highnesses.
As it is, up to High Court level large sums have been spent on litigation. What would be the situation the apex Court upholds the Bombay High Court interpretation.
The main question here is whether BPP Trustees feel they have a case fit to be appealed against.
If the Athornan Mandal or Council of High Priests want to go in Appeal let them pay from their pockets. Why should a common Parsi be made to pay for profligacy and bravado of a group?
There is need for accountability of Charity funds.
As it is, up to High Court level large sums have been spent on litigation. What would be the situation the apex Court upholds the Bombay High Court interpretation.
The main question here is whether BPP Trustees feel they have a case fit to be appealed against.
If the Athornan Mandal or Council of High Priests want to go in Appeal let them pay from their pockets. Why should a common Parsi be made to pay for profligacy and bravado of a group?
There is need for accountability of Charity funds.
As it is, up to High Court level large sums have been spent on litigation. What would be the situation the apex Court upholds the Bombay High Court interpretation.
The main question here is whether BPP Trustees feel they have a case fit to be appealed against.
If the Athornan Mandal or Council of High Priests want to go in Appeal let them pay from their pockets. Why should a common Parsi be made to pay for profligacy and bravado of a group?
There is need for accountability of Charity funds.
Trustees will spend money from Trust funds meant for charity. Who loses? The indigent and the old. Do our great High Priests contribute anything financially? Answer a big NO. Suppose the Appeal fails then as our friend Phiroze rightly says all Trustees will have to carry the cross.
A practical view is the need of the hour. Reading a judgement in another matter
I came across a very pertinent quote “Judicious irreverence to judicial arguments is a better homage to justice” How true!
Trustees will spend money from Trust funds meant for charity. Who loses? The indigent and the old. Do our great High Priests contribute anything financially? Answer a big NO. Suppose the Appeal fails then as our friend Phiroze rightly says all Trustees will have to carry the cross.
A practical view is the need of the hour. Reading a judgement in another matter
I came across a very pertinent quote “Judicious irreverence to judicial arguments is a better homage to justice” How true!
How we can elect, same way we can DEBAR Elected representatives also. I fully agree and I suggest DEBAR ALL 7 of them from standing for future elections also. THIS MUST BE DONE ON TOPMOST PRIORITY.
How we can elect, same way we can DEBAR Elected representatives also. I fully agree and I suggest DEBAR ALL 7 of them from standing for future elections also. THIS MUST BE DONE ON TOPMOST PRIORITY.
How we can elect, same way we can DEBAR Elected representatives also. I fully agree and I suggest DEBAR ALL 7 of them from standing for future elections also. THIS MUST BE DONE ON TOPMOST PRIORITY.
Honourable Judge was helpless. He studied BPP documents minutely and decided to withdraw looking at what was happening in the merit rating scheme. He found it totally bogus and a sham. He found lot of irregularities and he found that bpp trustees are indeed fooling the community in a royal way.
Honourable Judge was helpless. He studied BPP documents minutely and decided to withdraw looking at what was happening in the merit rating scheme. He found it totally bogus and a sham. He found lot of irregularities and he found that bpp trustees are indeed fooling the community in a royal way.
Honourable Judge was helpless. He studied BPP documents minutely and decided to withdraw looking at what was happening in the merit rating scheme. He found it totally bogus and a sham. He found lot of irregularities and he found that bpp trustees are indeed fooling the community in a royal way.
A helpless Judge? Where is the honour if a Judge withdraws just because he found something bogus or a sham? It is his duty to set things right by passing appropriate orders.
A helpless Judge? Where is the honour if a Judge withdraws just because he found something bogus or a sham? It is his duty to set things right by passing appropriate orders.
A helpless Judge? Where is the honour if a Judge withdraws just because he found something bogus or a sham? It is his duty to set things right by passing appropriate orders.
Yes, I repeat judge was helpless because he found lot of irregularities in BPP’s way of functioning. He found out that Bpp was just fooling the parsi community. I repeat lot of things in Bpp are bogus and sham and till we elect 7 new HONEST trustees who will really improve the whole political system, till then the whole parsi community of mumbai will SUFFER.
Yes, I repeat judge was helpless because he found lot of irregularities in BPP’s way of functioning. He found out that Bpp was just fooling the parsi community. I repeat lot of things in Bpp are bogus and sham and till we elect 7 new HONEST trustees who will really improve the whole political system, till then the whole parsi community of mumbai will SUFFER.
Yes, I repeat judge was helpless because he found lot of irregularities in BPP’s way of functioning. He found out that Bpp was just fooling the parsi community. I repeat lot of things in Bpp are bogus and sham and till we elect 7 new HONEST trustees who will really improve the whole political system, till then the whole parsi community of mumbai will SUFFER.
I do not agree. No judge worth his salt is helpless. He/she would be fialing in his duties if he were quit without doing anything about the irregularities. Where are you going to get 7 HONEST trustees from during the next election?
I do not agree. No judge worth his salt is helpless. He/she would be fialing in his duties if he were quit without doing anything about the irregularities. Where are you going to get 7 HONEST trustees from during the next election?
I do not agree. No judge worth his salt is helpless. He/she would be fialing in his duties if he were quit without doing anything about the irregularities. Where are you going to get 7 HONEST trustees from during the next election?
Why only the WAPIZ trustees, all the trustees will face the ire of Parsis if they fail to preserve and protect our traditions. I agree with Tehmul on the gaurantees of the Indian constitution. The efforts are only to save the litigation cost. But if the other side does not see reason the trustees will do the needful.
Trustees will spend money from Trust funds meant for charity. Who loses? The indigent and the old. Do our great High Priests contribute anything financially? Answer a big NO. Suppose the Appeal fails then as our friend Phiroze rightly says all Trustees will have to carry the cross.
A practical view is the need of the hour. Reading a judgement in another matter
I came across a very pertinent quote “Judicious irreverence to judicial arguments is a better homage to justice” How true!
Phiroze, You are absolutely right that efforts should be made to save the litigation costs. But can you justify going for Appeal in Supreme Court when theoretical rights of only one solitary priest are concerned and as it is ‘he is too busy’ with performing juddin Navjotes. Even otherwise the Panthakies of two Agiaries under aegis of BPP will never avail of his services and as for Towers of Silence there is already a managing agency system. So what is to be gained by filing an appeal except squandering Trust monies to pamper hurt egos.Are B.P.P. Trustees concerned with only one defrocked priest more than the community at large?