Mediation failures
A "Report of the mediators” filed by Panchu and Aparna Vasu in the SC on February 27, 2014 states "a number of mediation sessions had been held and parties have also directly interacted with each other... The Mediators hereby report that no settlement has been arrived at between the parties. The Mediators therefore submit that this Hon’ble Court be pleased to close the mediation in the above matter.”
Jamsheed Kanga (left) and Homi Khusrokhan
Former BPP trustee Dinshaw Tamboly wrote to Khusrokhan: "The present state of affairs is simply a sad commentary on the stature, acumen, vision and leadership qualities of the present trustees of the BPP who have lost sight of the fact that their responsibilities are to primarily serve the living, support the needy and guide the community towards progress and prosperity, scale greater heights, and not to fritter valuable community funds in fighting legal battles that are nothing but an exercise to harass those whose ideologies are not in sync with theirs.” Khusrokhan, thanking Tamboly for his kind words, replied: "Finally, it was a question of ‘so close and yet so far.’ Irreconcilable differences now best left to the court to rule on. We are still bound by the secrecy clause of the mediation process so I can’t say more at this stage.”
The BPP filed a special leave petition in the SC challenging the Bombay High Court’s division bench ruling stating that under the trust deed the trustees were not empowered to bar priests from performing religious ceremonies at Doongerwadi and two fire temples controlled by the BPP. The SC justices directed both parties over two years ago to mediate and resolve the issue, barring which the Court would hear the matter. The BPP had banned two priests – Ervads Khushroo Madon and Framroze Mirza – who recite prayers for those opting for cremation from performing religious ceremonies at their properties.
The BPP has reportedly spent Rs 2.20 crores on the litigation to date. The lawyers for the petitioners fought pro bono but Kanga and Khusrokhan had to shell out 50% of the mediation cost.
Panthaky Baug in Andheri where the BPP was to have constructed 300 more homes
In another case, pertaining to the delay in construction of 300 houses at B. S. Panthaky Baug which the BPP committed on October 15, 2009 in end 2009 before the Bombay High Court (BHC) to build in two years, community activist Kersi Randeria wrote to the BPP trustees stating "it is now over four years and four months since the trustees gave an undertaking to the Hon’ble High Court, to construct 300 houses within two years.
"Two years and five months have elapsed since the contempt petition against the trustees was filed.
"Two years since the process of mediation was started.”
Randeria alleged the BPP trustees "are not serious about the mediation proceedings and if no progress has taken place for the last two months then it would be in the best interest of the community to go back to the BHC and record the failure of the mediation proceedings…” The court had suggested mediation after the complainant moved contempt proceedings against the BPP for not honoring their commitment. BPP senior executive Pheroze Patel replied to Randeria on February 21, 2014 stating "at the outset, we deny the allegations made by you including that no progress has been made in the last three months. We reiterate that we have been following up in the matter regularly, including with the office of the Chief Minister. We have also to inform you that your email of February 16, 2014 was placed in the board meeting of February 18, 2014 but the item did not reach on that day. Now both your above emails are being placed at item 2, once again in the next board meeting of the trustees to be held on February 25, 2014 for fixing a venue and time for the meeting with you before the mediation date of February 28, 2014 and the Punchayet would inform you of the same at the earliest.”
Magisterial complaint
Four trustees of the Bombay Parsi Punchayet (BPP) — Arnavaz Mistry, Jimmy Mistry, Khojeste Mistree and Yazdi Desai — are keeping up the pace of attack on their chairman Dinshaw Mehta.
A complaint has been lodged with the Additional Chief Metropolitan Magistrate, R. M. Khan by BPP trustee Khojeste Mistree against Mehta and three tenants of the BPP’s Dady House in Bora Bazaar, alleging part payment was made in cash for transfer of the rent receipt. As per the Supreme Court directives, Khan directed a first information report (FIR) be filed by the M. R. Ambedkar Marg Police Station (formerly Palton Road Police Station) for investigation and ordered the inquiry report be submitted by March 20.
The Daily News and Analysis (DNA) report quotes MRA Marg Police Station senior inspector Ashok Jagdale as stating: "We have registered a case under sections 420 (cheating and dishonesty inducing delivery of property) and 406 (criminal breach of trust) of the IPC (Indian Penal Code). The investigation is under way.” According to the DNA, Mistree’s advocate Shamsher Garud had earlier "filed a complaint with the MRA Marg police (but) they did not act.”
The DNA also quotes Jimmy Mistry as stating: "We are supporting Khojeste in the matter. Now the EOW will have to explain why it closed the case.”
According to The Times of India, February 15, 2014, Mistree’s complaint before the magistrate stated: "The object of this conspiracy is to systematically defraud the BPP and the trust reposed by thousands of Parsi Irani Zoroastrian citizens who are members of the BPP and beneficiaries of the trust.”
Mistree on his part in a Press statement stated: "I hope this time truth will prevail and justice will be done.”
Mehta told DNA of February 15, 2014: "This is a political vendetta… Let them investigate, the truth will come out.” In his statement to the Jam-e-Jamshed Weekly of February 16, Mehta stated, "Having failed before the EOW they have now filed a private complaint.”
The four trustees had last year moved the Charity Commissioner (CC) to suspend/dismiss Mehta and bar him from alienating any trust property on the grounds that an offence had been registered against him before the EOW. The EOW however dismissed the complaint for misappropriation of funds, cheating and committing criminal breach of trust in the transfer of premises in Dady House claiming "a case is not made out for registration of an FIR (first information report).”
The next hearing before the CC has been scheduled for March 13. The four will probably make reference to the complaint filed before the magistrate to bolster their case against Mehta. Until the CC decides on the matter, his order on maintaining a "status quo regarding properties of the BPP” stands.
BPP trustees Armaity Tirandaz and Muncherji Cama did not join in the complaint against Mehta before the magistrate, the EOW or the CC.