Online petition gains

Kersee Kabraji’s online petition asking members of the community worldwide to urge trustees of the Bombay Parsi Punchayet (BPP) not to appeal to the Supreme Court against the Bombay High Court (BHC) judgment of March 11, 2011 striking down the ban on two "renegade” priests, Ervads Khushroo Madon and Framroze Mirza, has elicited 1,256 signatures (as on April 29).

Kabraji’s online petition mentions that the court judgment clearly states that there is nothing in the trust conditions which gives the BPP the right to meddle in religious matters and that an ordained priest cannot be defrocked. So "what is the BPP trying to prove and at what cost?” The petition is meant to show dissent with the BPP "squandering” community funds meant for charity and also to earnestly "appeal to them to accept the BHC verdict.” The BPP should "treat it as a settled matter and concentrate on more real and serious issues.”

Kersee Kabraji: "what is the BPP trying to prove?”

The Originating Summons filed by former Indian Administrative Service officer Jamsheed Kanga and Tata director Homi Khusrokhan sought the BHC’s intervention in examining the BPP’s trust deed of 1884 to determine whether the apex body had the jurisdiction to ban the two priests from praying at Doongerwadi and two fire temples managed by it, as it had done in 2009. A divisional bench of the BHC on March 11, 2011 ruled that the Doongerwadi trust deed did not empower the trustees to ban the priests. The case, which attracted much media attention, cost the BPP close to Rs 1,00,00,000 (one crore) on legal expenses. In contrast, the petitioners’ lawyers represented them pro bono.

The overwhelming response has signatories expressing concurrence with these sentiments. "Really hope that saner sense prevails with BPP,” commented Vispy N. Wadia. "Further expenditure in Court over this matter is criminal breach of trust,” opined Phiroze B. Javeri, while Hilla Master felt that "BPP should stop using community funds as their private piggy bank!” Sam Merchant wrote: "If BPP loses in the Supreme Court, all six present trustees must resign and also reimburse to BPP from their individual pockets all legal expenses spent from day one on this matter.” According to Mary Behlihomji, "It is time that the community awoke and showed the world that we move with the times and retain our identity. We do not wish for a group of individuals who have ideas which are archaic to decide the future of Parsis.” Speaking about Madon and Mirza, Arnavaz Seth claimed: "I have heard both those priests pray and I can seriously say that none of our other priests pray as well.” And Behroze F. Edujli averred: "As an individual I have the right to decide how I want to live and the ceremonies after death... BPP has no right to decide this.”