Editorial Viewpoint
False bravado
It’s not only the global economy that’s in a recession. Recent community developments are also depressing. The Joint Charity Commissioner (JtCC) N. V. Deshmukh has held five of the six Bombay Parsi Punchayet (BPP) trustees guilty of “willful disobedience of a lawful order” and thereby of having committed an “offence.”
The JtCC had given the trustees till March 2, 2009 to comply with his orders to allot the flats to the 104 names proposed by the earlier board of trustees. The new BPP trustees took office on October 23, 2008. They had almost five months to renew/accept the allotments or arrive at a compromise or finally, as a last resort, challenge the JtCC’s order in the Bombay High Court.
They did none of the above. Instead on March 5, 2009, three days after the JtCC date of compliance, they filed an appeal in the Bombay High Court (BHC) which was scheduled for a hearing on March 17, 2009.
Why five knowledgeable and experienced individuals functioned in such a dilatory manner is a puzzle.
A list of 80 or so acceptable names were passed on to the Alert Zoroastrians Association (AZA) trio of Kersi Randeria, Zeree Jehangirji and Percy Patel by BPP trustee Jimmy Mistry at a wedding at the Jeejeebhoy Dadabhoy Agiary grounds at Colaba on March 1around 9 p.m. Mistry appeared hopeful of a settlement.
When BPP chairman Dinshaw Mehta was sent a text message asking if a compromise was in the making he replied “No.” When questioned on the phone about the talks he said some people in their “individual capacity” may be holding discussions.
The WAPIZ (World Alliance of Parsi Irani Zarthoshtis) Page of February 28, 2009 for its part blasted the AZA’s “blackmail and intimidation.” The reference was in regard to the television fiasco aired on February 19 and 23 on the Sahara Samay RKB show. The WAPIZ Page spoke of “the blatant lies pronounced by Randeria and the others” and claimed “it’s time to say no to AZA’s unfair and out-of-turn demands for housing.”
The WAPIZ Page also carried a letter attacking the AZA trio by friend-turned-foe Phiroze Amroliwalla who had unsuccessfully contested for the BPP elections last year. “The frustration of the self-styled Robin Hoods of AZA and their present allies was very evident on their faces, when last week they in a desperate move, approached a national TV channel to suddenly broadcast the community housing allotment issue,” wrote Amroliwalla.
“Members of the group of applicants who accuse me of switching my loyalty and ditching their cause and case have a right to know and understand why I dissented. I still stand by each and every truly needy and deserving applicant whose turn has matured. But cannot endorse all the 104 in good conscience,” he added.
After the Sahara Samay broadcast Mehta noted in a letter to the WAPIZ Page (February 28, 2009), “I would like to clarify to all the members of the community and apologize to those present on Monday, February 23 for the events which took place after the television interview. A heated argument broke out between members of AZA and other members of the community who are against the out-of-turn allotments. Due to the interview given by Noshir Dadrawala on live television against the majority board of trustees and his leaking confidential information to the AZA members, prior to the television interview, I called Mr Noshir Dadrawala ‘Brutus’ to which he gave an insulting retort and walked away.
“After a while, I noticed some commotion at the end of the lane and I am informed that many community members were very upset because of Mr Dadrawala having made an uncalled for statement against our late trustee Mr Rustom Tirandaz…
“Upon hearing this disgusting remark, some community members insisted that Mr Dadrawala apologize for this sordid statement and leave the vicinity, immediately...
“Mr Dadrawala left upon the insistence of the crowd and that was the end of the matter. But now it has been brought to my notice that certain false messages and rumors are being spread by certain groups trying to accuse me of attacking co-trustee Mr Noshir Dadrawala on Monday 23 February outside the Sahara Samay Building. These messages and rumors, as you can see from the above facts, are completely untrue.” (Dadrawala denied having made any remark against Tirandaz and said it was the other side that began the unpleasantness.)
At the end of his letter Mehta states, “Finally, I would like to inform the community that this board is trying to sort out this housing issue once and for all by being fair and just to all — the 1,250 applicants on the BPP housing waiting list including the 104 individuals who have gone before the Charity Commissioner.”
If flats to 104 allottees can drag on before the new board for five months, be broadcasted on national television, cause strictures to be passed against the trustees, result in appeals being made to the High Court, what chance is there of the housing quagmire being sorted out during their current tenure? Leave aside building more flats, even laying foundation stones appears doubtful.
No one denies that the majority of trustees have a right to reconsider earlier decisions if they believe they were made under coercion or threats. But why did they not file their appeal in the BHC prior to March 2? Why did they openly defy a competent and lawful authority’s deadline? (Mehta says it was not intentional but due to procedural wrangles.)
Should the JtCC suspend, remove or dismiss the trustees under section 41D for willfully disobeying his orders and if the BHC upholds the censure, the BPP and the community will face an upheaval. With not even half a year in office the one-upmanship of the new board of trustees is leading the community into uncharted and dangerous territory.
The JtCC had given the trustees till March 2, 2009 to comply with his orders to allot the flats to the 104 names proposed by the earlier board of trustees. The new BPP trustees took office on October 23, 2008. They had almost five months to renew/accept the allotments or arrive at a compromise or finally, as a last resort, challenge the JtCC’s order in the Bombay High Court.
They did none of the above. Instead on March 5, 2009, three days after the JtCC date of compliance, they filed an appeal in the Bombay High Court (BHC) which was scheduled for a hearing on March 17, 2009.
Why five knowledgeable and experienced individuals functioned in such a dilatory manner is a puzzle.
A list of 80 or so acceptable names were passed on to the Alert Zoroastrians Association (AZA) trio of Kersi Randeria, Zeree Jehangirji and Percy Patel by BPP trustee Jimmy Mistry at a wedding at the Jeejeebhoy Dadabhoy Agiary grounds at Colaba on March 1around 9 p.m. Mistry appeared hopeful of a settlement.
When BPP chairman Dinshaw Mehta was sent a text message asking if a compromise was in the making he replied “No.” When questioned on the phone about the talks he said some people in their “individual capacity” may be holding discussions.
The WAPIZ (World Alliance of Parsi Irani Zarthoshtis) Page of February 28, 2009 for its part blasted the AZA’s “blackmail and intimidation.” The reference was in regard to the television fiasco aired on February 19 and 23 on the Sahara Samay RKB show. The WAPIZ Page spoke of “the blatant lies pronounced by Randeria and the others” and claimed “it’s time to say no to AZA’s unfair and out-of-turn demands for housing.”
The WAPIZ Page also carried a letter attacking the AZA trio by friend-turned-foe Phiroze Amroliwalla who had unsuccessfully contested for the BPP elections last year. “The frustration of the self-styled Robin Hoods of AZA and their present allies was very evident on their faces, when last week they in a desperate move, approached a national TV channel to suddenly broadcast the community housing allotment issue,” wrote Amroliwalla.
“Members of the group of applicants who accuse me of switching my loyalty and ditching their cause and case have a right to know and understand why I dissented. I still stand by each and every truly needy and deserving applicant whose turn has matured. But cannot endorse all the 104 in good conscience,” he added.
After the Sahara Samay broadcast Mehta noted in a letter to the WAPIZ Page (February 28, 2009), “I would like to clarify to all the members of the community and apologize to those present on Monday, February 23 for the events which took place after the television interview. A heated argument broke out between members of AZA and other members of the community who are against the out-of-turn allotments. Due to the interview given by Noshir Dadrawala on live television against the majority board of trustees and his leaking confidential information to the AZA members, prior to the television interview, I called Mr Noshir Dadrawala ‘Brutus’ to which he gave an insulting retort and walked away.
“After a while, I noticed some commotion at the end of the lane and I am informed that many community members were very upset because of Mr Dadrawala having made an uncalled for statement against our late trustee Mr Rustom Tirandaz…
“Upon hearing this disgusting remark, some community members insisted that Mr Dadrawala apologize for this sordid statement and leave the vicinity, immediately...
“Mr Dadrawala left upon the insistence of the crowd and that was the end of the matter. But now it has been brought to my notice that certain false messages and rumors are being spread by certain groups trying to accuse me of attacking co-trustee Mr Noshir Dadrawala on Monday 23 February outside the Sahara Samay Building. These messages and rumors, as you can see from the above facts, are completely untrue.” (Dadrawala denied having made any remark against Tirandaz and said it was the other side that began the unpleasantness.)
At the end of his letter Mehta states, “Finally, I would like to inform the community that this board is trying to sort out this housing issue once and for all by being fair and just to all — the 1,250 applicants on the BPP housing waiting list including the 104 individuals who have gone before the Charity Commissioner.”
If flats to 104 allottees can drag on before the new board for five months, be broadcasted on national television, cause strictures to be passed against the trustees, result in appeals being made to the High Court, what chance is there of the housing quagmire being sorted out during their current tenure? Leave aside building more flats, even laying foundation stones appears doubtful.
No one denies that the majority of trustees have a right to reconsider earlier decisions if they believe they were made under coercion or threats. But why did they not file their appeal in the BHC prior to March 2? Why did they openly defy a competent and lawful authority’s deadline? (Mehta says it was not intentional but due to procedural wrangles.)
Should the JtCC suspend, remove or dismiss the trustees under section 41D for willfully disobeying his orders and if the BHC upholds the censure, the BPP and the community will face an upheaval. With not even half a year in office the one-upmanship of the new board of trustees is leading the community into uncharted and dangerous territory.
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