Expeditious hearing on ban

A divisional Bombay High Court bench of Justices P. B. Majmudar and Anoop V. Mohta on October 20, 2010 admitted the appeal against the ban on the two "renegade” priests and set December 8 as the date to expeditiously hear the matter.

"If we just admit the matter, it will go into cold storage,” noted Majmudar when Iqbal Chagla, counsel for the two petitioners, Jamsheed Kanga and Homi Khusrokhan, suggested the matter could be admitted and kept for arguments at a later date. Counsel for the Bombay Parsi Punchayet (BPP), Rafique Dada claimed the suit was not maintainable and therefore should not be admitted. Majmudar said the appeal was admitted subject to maintainability and all other issues that may arise.

Chagla explained to the court that the originating summons (OS) had been filed to clarify whether the BPP trust deed empowered the trustees to exclude any priest from performing religious ceremonies on their trust property. On June 9, 2009 the BPP passed a resolution barring Ervads Khushroo Madon and Framroze Mirza from performing religious ceremonies at Doongerwadi, the Shapoorji Fakirji Jokhi Agiary at Godrej Baug and the Godavra Agiary in the Fort area. The ban was justified on the grounds that the two were performing ceremonies of those who opted for cremation as well as the navjote ceremonies of children of Parsi mothers married to non-Parsis.

From far left: Jamsheed Kanga, Homi Khusrokhan and Ervad Khushroo Madon

"The trustees have no ecclesiastical powers,” averred Chagla. The BPP claimed the issue was a "religious” one but Chagla argued the petitioners were only seeking an interpretation/clarification from the honorable judges on the powers bestowed on the trustees by the trust deed.

Counsel Edul Bharucha said that he represented five interveners in the case, Anu Aga, Dilnavaz Variava, Dr Keki Grant, Tehmtan Andhyarujina and Dr Rustom Soonawala who are concerned about the trustees’ actions.

Aside from the two petitioners, BPP chairman Dinshaw Mehta and trustee Khojeste Mistree were present in court amongst others.

On March 4, 2010 Bombay High Court Justice V. M. Kanade had declined to take a decision on the OS recommending the aggrieved party seek some other legal remedy such as filing a civil suit.