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.

Dinshaw Mehta (left) and Khojeste Mistree

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.