Prochy Mehta case update

Applications made by the Federation of the Parsi Zoroastrian Anjumans of India (FPZAI), the Parsi Zoroastrian Association (PZA) of Calcutta and The Bardoli Jarthosti Anjuman seeking to be interveners in the the Originating Summons filed by Prochy Mehta and Sanaya Mehta Vyas have yet to be admitted by the Calcutta High Court (CHC).

Photo: Farrokh Jijina

The order of the single judge on January 11, 2018 directed the interested parties to "file their respective notes of argument within three weeks from date.” In the FPZAI’s appeal to the division bench of the CHC, they argued the judge "erred grossly by directing the appellant to file written notes of arguments without being added as a party defendant… without allowing the appellant to file an affidavit in opposition… The written notes of arguments are at best an aid to the affidavit filed before this hon’ble Court along with the oral submissions of the counsel of the party filing the same.”
In response, the division bench requested the single judge to decide on the propriety of admitting those desirous of intervening "before proceeding to deal with the merits of the matter” regarding who has the right to enter the Ervad Dhunjeebhoy Byramjee Mehta’s Zoroastrian Anjuman Atash Adaran in Calcutta.
The FPZAI petition signed by president Yazdi Desai stated they are "the umbrella body of the Parsi Zoroastrian anjumans/punchayets of India” and a judgment on the interpretation of who is a "Parsi Zoroastrian” would affect all the Parsi Zoroastrian anjumans/punchayets of India. According to the petition, the all-India body was established in 1974 (It was established around 1971 — editors). The application also states "there are less than two lakh Parsis following the Zoroastrian faith in the world and there are about four million Zoroastrians worldwide.” (The count of Parsis professing the Zoroastrian faith would be closer to one lakh. There is no accurate method to compute the worldwide strength of Zoroastrians who are not Parsis but the numbers are small, probably under 4,000. This does not include the Zoroastrian Kurds as there is no way of knowing their actual numbers in that turbulent and strife torn territory — editors)
The date of the next hearing is reportedly scheduled for March 8.