“The Russian retort”

Bombay High Court (BHC) Justice A. M. Khanwilkar has asked the public prosecutor to report on what action has been taken by the concerned authorities regarding the complaints filed by Meher Master-Moos following the incident in Sanjan in February 2010 wherein a group of around 45 Parsi Zoroastrians led by Bombay Parsi Pun-chayet (BPP) chairman Dinshaw Mehta allegedly assaulted her and a Russian Zoroastrian Mikhail Chistyakov who was undergoing a navar initiation ceremony (see "The Russian retort,” Parsiana, September 7, 2010).

The order was passed on December 20 in response to Master-Moos’ lawyer Bapoo Malcolm’s averment that his client had moved the criminal writ in the BHC because the other concerned legal authorities had not acted on the numerous complaints made by her and Chistyakov. The next date for hearing has been set for January 17.

Mikhail Chistyakov (left) and Meher Master-Moos

Responding to the writ petition filed by Chistyakov (first petitioner), All India Shah Behram Baug Society (second petitioner) and Master-Moos (third petitioner) on August 3, 2010, an affidavit filed by Mehta on behalf of the other six respondents namely, Mehernosh Fitter, Faredoon Kapadia, Khushru Khobiyar, Soli Katpitia, Noshir Dordi and Mehernosh Patrawalla stated they had been "advised not to deal with (certain) paras of the writ petition… suffice to say that the allegations that respondents No. 5 to 11 committed criminal offences are false and baseless…

"I deny that these respondents have any intention of attacking, molesting, battering or disturbing the peace… I deny that these respondents travel to village Ghimania with malicious or with criminal intent or in furtherance of criminal conspiracy…

"I submit that the amendments to the writ petition are malafide, carried out with malafide intent, false, frivolous and defamatory and the same ought to be struck off the record.” Respondents 1 to 4 are the State of Maharashtra, the Director General of Police, Maharashtra, the Commissioner of Police, Thane District, Inspector of Police, Talasari Police Station.

Mehta alleged in the affidavit filed on November 29, 2010 that the petitioners were "seeking to raise religious issues in the above writ petition, which is not permissible.” He also "specifically” denied the allegation that Master-Moos and Chistyakov were "forced/coerced to withdraw the complaints made by her at Talasari Police Station on February 19, 2010… In her handwritten letter addressed to (Talasari’s assistant police inspector D. S. Pawar) she thanked him and the Talasari Police Station for the excellent manner in which they handled the purported situation.”

In their rejoinder to Mehta and the others’ affidavit, Master-Moos stated on behalf of Chistyakov and herself: "The respondents No. 4 and 5 to 11 forced the petitioner and coerced the petitioner to sign the said undertaking prepared by (Pawar) under the guidance and instructions of respondents No. 5 to 11.” Master-Moos alleged Pawar "threatened… that if the petitioners refuse to sign the said undertaking, the passport of (Chistyakov) which was taken by (Pawar) on February 18, 2010… will not be handed over to the petitioner No. 1. The petitioners say that under these circumstances, there was no alternative but to sign the said undertaking.”

In a letter submitted to Subhash Lala Saheb, member of the Human Rights Commission, Bombay on July 11, 2010, Pawar narrated the chain of events as he became aware of them. Pawar noted that on February 19 Mehta along with 15 to 20 other Parsis gave a letter to Pawar alleging that making a non-Parsi a priest "is against the Parsi religion and would cause… a great damage to the Parsi religion. (The) sentiments of Parsis… will get hurt… and as a result there is a likelihood of disturbing law and order. Therefore the police may intervene… and stop such practice.” Pawar said he requested both parties to come to the police station where "a mutual discussion was held before Police Inspector Shri Mahajan and in my presence.

"The said Russian national has come to India by taking travel visa, for tourism and he is found to have been making study of Parsi religion illegally. Talasari police station had not been given any information that the said Russian national has been residing at Ghimania.”

Mehta and the others told Master-Moos not to conduct activities "contrary to the Parsi religion,” stated Pawar. "Upon making the mutual discussion (she) agreed that thereafter she would not impart the knowledge or give initiation of the Parsi religion to the Russian national Chistyakov.”

In their rejoinder Master-Moos noted "the petitioners deny that (Chistyakov) is a non-Zoroastrian. The petitioners deny that all the Zoroastrians are not entitled to be initiated into priesthood and it is only the priestly class amongst Zoroastrians who are entitled to be initiated into priesthood.” She denied that she has "upset and hurt the religious sentiments of the Zoroastrian community in India.”

With regard to Pawar’s allegation that Chistyakov "is illegally studying the Zoroastrian religion” the petitioners ask, "without verification of the record of the petitioner No. 1, how can the assistant police inspector, Talasari come to the conclusion?”

The rejoinder goes on to note "that all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.”