BPP roundup

Though the resolution by the Bombay Parsi Punchayet (BPP) trustees barring two priests from performing any religious ceremonies at Doongerwadi and the Jokhi and Go­davra agiaries was passed unanimous­ly, BPP trustee Noshir Dadrawala cautioned his co-trustees on the legal implications.

In an e-mail press release Dadrawala noted: "To begin with, as one who is not in favor of religious conversions, mixed marriages or cremation, I hold no brief for Ervad Khushroo Madon and Ervad Framroze Mirza.

"It is also a fact that despite certain reservations that I continue to have, the resolution has been passed unanimously by all seven trustees of the Bombay Parsi Punchayet, in the spirit of solidarity. However, I have been consistently cautioning my colleagues on the BPP board on three counts:

Legally, can the trustees of the BPP prevent an ordained Parsi Zoroastrian priest (renegade or otherwise) from praying for the soul of a deceased Parsi Zoroastrian whose body is to be consigned to the dakhma?

Will the BPP’s argument that they are being ostracized because in private life these two mobeds perform marriage ceremonies for inter-married couples, etc hold well in a court of law?

There are many other such ‘renegade’ priests, so why target just two of them? Legally, would this not tantamount to discrimination or inequity?

"I had also recommended that the BPP which is primarily a charitable institution should seek written opinion of at least two senior legal counsels before issuing this religious diktat.”

Dinshaw Mehta: "justice has been done”

BPP chairman Dinshaw Mehta won a reprieve in the Charity Commissioner’s (CC) office when a complaint seeking his removal "for alleged irregularities and nepotism in the allotment of flats,” was dismissed by the Joint CC N. V. Deshmukh.

According to The Times of India (TOI) of November 9, 2009 Deshmukh observed, "The application falls short of showing any act individually done by Mehta, which could be termed either as neglect in duty or malfeasance or misfeasance or breach of trust or misappropriation or improper dealing with the trust property…

"Mere fact that the persons who received the benefits were near relatives of Mehta’s friend cannot be a ground of frame a charge against him,” Deshmukh noted that the allotments were made jointly by the trust and not Mehta alone.

The complaint was filed by Phiroze Bulsara and Zeree Jehangirji, one of the Alert Zoroastrians Association (AZA) leaders.

Mehta termed the complaints baseless and claimed "justice has been done and we are vindicated,” the TOI quoted him as saying.

The CC M. K. Choure has permitted the BPP to view the preliminary inspection report which resulted in the CC ordering a special audit of the BPP accounts for the last 10 years at a cost of Rs 1.2 crores.

Earlier the CC had refused to provide a copy of the report to the BPP on the grounds of the Official Secrets Act. But after BPP counsel Percy Gandhy argued the matter on October 3, 2009 before Choure, he relented.

The audit was ordered following a complaint by Alert Zoroastrians Association leader Percy Patel who alleged gross irregularities in the BPP’s financial undertakings. In December 2008 the CC’s account staff visited the BPP office and submitted the inspection report to the CC.

Patel also filed a contempt petition against minister of state for law and judiciary, Hasan Mushrif, and the trustees as the BPP had approached the minister for redress.

"All these members are trying to influence the judiciary which is wrong,” Patel told the Hindustan Times, October 24, 2009.

A representation has been made to the governor of Maharashtra S. C. Jamir for a Parsi to be nominated to the Maha­rashtra State Legislative Council and the Rajya Sabha.

The chairman of the BPP Dinshaw Mehta along with Member of the Legislative Assembly (MLA) Mangal Prabhat Lodha, social activist Surendra Tulsidas Savai and BPP public relations officer Godrej N. Dotivala jointly made a forceful representation to the governor at Raj Bhavan on November 21, states a BPP press release.

"The delegation was firmly convinced that with the powerful recommendation of our head of state this desire of the community for adequate representation for the Parsis in our legislatures will be fulfilled in the near future,” stated the write-up.