Jurist Panchu to mediate

Both parties in the dispute over the Bombay Parsi Punchayet (BPP) ban on two so-called "renegade” priests will hopefully conclude mediation proceedings by July 19, 2011, the next date set by the Supreme Court for hearing the special leave petition (SLP) filed by the BPP. The Supreme Court has appointed noted Madras lawyer Sriram Panchu to mediate in the dispute.

Mediation will commence in the first week of May with the initial meeting being held in Bombay and thereafter at the mediator’s choice either in Madras or Bombay.

The high priests who had also filed in the SLP will not be party to the mediation as noted lawyer Fali Nariman stated the issue was a legal one and not religious. The question before the court is whether the Doongerwadi trust deed empowers the BPP trustees to debar Parsi Zoroastrian beneficiaries from selecting duly ordained Parsi Zoroastrian priests to perform various ceremonies for Parsi Zoroastrians who opt to have their bodies consigned to the Towers of Silence. The priests’ petition SLP will be taken up for admission on July 19, if required.

Sriram Panchu to start mediation in May

Both parties indicated their agreement to mediation and each suggested certain names. But Justice J. Markandey Katju who was earlier chief justice of the Madras High Court stated he knew and had great respect for Panchu who specializes in mediation. As per his order of April 18, 2011:

"The present dispute originated when some Parsi priests (Ervads Framroze Mirza and Khushroo Madon) had been restrained by the Parsi Punchayet (which is a trust set up by a deed of 1884) from performing certain ceremonies in the Parsi Punchayet properties, viz the Towers of Silence (the Doongerwadi complex) and the two fire temples (agiaries). They (former BPP trustee and municipal commissioner of Bombay Jamsheed Kanga and former managing director of Glaxo and Tata director Homi Khusrokhan) filed a suit, and by the impugned order dated March 11, 2011 a Division Bench (comprising justices Dr Dhananjay Chandrachud and Anoop Mohta) of the Bombay High Court held (that) under the deed of trust of 1884 the trustees are not entitled to prevent any duly ordained Parsi Zoroastrian priest from performing Zoroastrian religious rites and ceremonies in the premises of the Towers of Silence and the two agiaries (the Godavara Agiary in the Fort area and the Jokhi Agiary at Godrej Baug). The said order has been challenged in this petition...

"Today, M/s Abhishek Manu Singhvi, Mukul Rohatgi, Fali S. Nariman, T. R. Andhyarujina (he is an intervener) and Percy Gandhy and other advocates are present in the Court and we are happy to note that the parties are agreeable to sending the matter to mediation.

"We, therefore, appoint Mr Sriram Panchu, senior advocate, Madras High Court, who is one of the foremost mediators in the country, as the mediator in this case.

"Panchu may also appoint a co-mediator of his choice to assist him. He may fix the terms of emoluments of his own and of the co-mediator after consultation with the parties.

"The first meeting of the mediation will be held in Mumbai on a date and time fixed by Panchu in May 2011 after informing the parties concerned about the place and time determined by him. Subsequent meetings will be held at his discretion at the place and time fixed by him.

"Needless to say, in mediation the proceedings are entirely confidential.”

Panchu, a senior advocate and mediator is the founder of the Indian Center for Mediation and Dispute Resolution, first organising secretary of the Tamil Nadu Mediation and Conciliation Center attached to the Madras High Court and a committee officer of the International Bar Association’s mediation section, notes his company’s (Mediate India Pvt Ltd) website imediateindia.org. He has authored "Settle for More — the why, how and when of mediation.”