“A single point agenda”
At a public meeting community members reiterate their opposition to the Metro tunnels passing below two atash behrams
"A very strong message has to be given to the outside world… as a minority we (Parsis) have never asked for any reservations or special rights…this is the first time we are asking that our fundamental rights should not be tampered with… the Prime Minister (Narendra Modi) has called us a model minority… now we ask him to protect our rights,” said solicitor and Parsiana columnist Berjis Desai. "We will take (the matter) to the highest court in the country…to ensure that the structural safety and spiritual sanctity of the (Hormasji Bomanji Wadia and Zarthoshti Anjuman) Atash Behrams is preserved… we will take it to the media, and if necessary to the streets,” said Desai.
Along with structural engineer Jamshed Sukhadwalla, religious scholar Ervad (Dr) Rooyintan Peer and two trustees of the Shah Varzaavand Trust, Ratan Patel and Behruz Irani, Desai had earlier moved the Bombay High Court (BHC) praying for intervention to prevent any drilling work for the 33.5 km Colaba-SEEPZ Metro 3 line, and sought a realignment of the route (see "Objecting to the Metro,” Events and Personalities, Parsiana, June 7, 2018).
When a draft resolution ("we the assembled strongly and unanimously object to the passing below any part of the premises of the … Atash Behrams of the Metro…”) read out by Hanoz Mistry of TPV was put to vote, there was a sea of raised hands in the auditorium. "Do we all agree?” asked Mistry. "All, all, all,” the crowd chanted, to the accompaniment of much cheering, whistling and clapping.
A packed hall
Following a humbandagi led by Surat high priest Dastur Cyrus Dastur, Mistry welcomed those assembled with "we have found an issue where everyone is on the same page… We have a single point agenda today… to prevent the desecration of our Atash Behrams… while we support the noble initiative of the government (in building the Metro), there is no way we can afford to lose (the Atash Behrams).” Referring to Sukhadwalla’s early warnings on the possible harm to the places of worship on account of the Metro route and his slew of RTI (right to information) petitions, Mistry said that "some joined forces…the Dasturs got into action… efforts to make the government understand were taken up… when diplomacy did not work, the matter was taken up in court.”
In his short address, Sukhadwalla recounted that the earlier "‘Realignment is not possible’ stance of the Mumbai Metro Rail Corporation Limited (MMRCL, the body that is constructing the Metro), had changed in this morning’s meeting.” Earlier that day, a meeting mandated by a two-judge vacation bench of Justices Shahrukh Kathawalla and Ajay Gadkari had taken place between MMRCL, the petitioners and other interested parties. This meeting was attended by Dasturs Cyrus Dastur and Khurshed Dastoor, Desai, Sukhadwalla, Patel, Irani, advocate Zerick Dastur, Wadiaji Atash Behram trustees Hoshi Dastur and Farokh Kavarana, architect Jehanbux Billimoria, Ervads Peer, (Dr) Parvez Bajan and Burjor Antia, solicitor Homiar Vakil, and a team representing architect Hafeez Contractor who offered a few alternatives by which the tunnels can be safely realigned. Those representing MMRCL were managing director Ashwini Bhide, Bombay Municipal Corporation chief Ajoy Mehta, state finance secretary U. P. S. Madan and former bureaucrat Rahul Asthana among others. According to Sukhadwalla, the proposals to realign the Metro tunnels put forth by architect Karl Wadia of Hafeez Contractor’s office to MMRCL "changed their negativity.”
High priests speak
"Who says there is no unity in the community?” questioned Cyrus Dastur. "If this unity is shown in all matters, any problem can be solved… As Zoroastrians it is the duty of all of us to protect fire as the son of Ahura Mazda.” The high priest repeated his earlier warning that any harm to the Atash Behrams could have repercussions on all communities. "All five dasturs are speaking in one voice,” he commented, a message that was reiterated by Desai and other speakers. While Mistry read out messages of support from Dasturs (Dr) Kaikhusroo JamaspAsa and Kaikhushru Dastur Meherjirana, there was no communication from Dasturs (Dr) Firoze Kotwal and Khurshed Dastoor.
When the controversy first broke and rumors were floated that the Metro tunnels would pass under the kebla of the Wadia Atash Behram, Khurshed Dastoor had met with the MMRCL authorities and studied the plans. He was assured the tunnels would not go under the sanctum sanctorum but as regards realigning the tunnels to avoid the fire temples altogether, "I was informed it was too late,” he explained in a note to Parsiana in response to our query.
"Being a pragmatic person I reluctantly reconciled that a realignment at this stage was not possible. It was with a very heavy heart that I... acquiesced to the unforeseen and unfortunate development...
"There should not be any doubt that the Zoroastrian community or I are against any kind of development. In fact it is our community that has participated in the development of our city. One should not forget that the Zoroastrian community has stood shoulder to shoulder with all to build this very city...
"In conclusion, I reiterate that if there is any possibility to realign the tunnels to preserve the sanctity of these edifices then the same should be undertaken. If the religious sentiments of this minuscule community are respected, it shall remain eternally grateful.”
Legal angle
Much applause greeted Zerick Dastur who had spearheaded the petition that came up for hearing on May 23, pursuant to which Justices Kathawalla and Gadkari ordered the meeting of stake holders. "A fundamental right is something that no one can take away from you,” he began, adding how he was inspired by Sukhadwalla, "a 71-year-old gent with an unshakeable faith and vibrant energy to put a 21-year-old to shame” to take up the case for the petitioners. A devotee of Tardeo’s Boyce Dhunapatel Agiary, he made site visits to the Wadia Atash Behram (where his father Hoshi is a newly inducted trustee, as also at the Tardeo Agiary) till "he was convinced he would be fighting for a righteous cause.” Meetings with scholars, notably Peer, followed. "What we had was conviction of faith,” which resulted in the May 23 interim order for the meeting with MMRCL, he claimed.
"All seven trustees of the Bombay Parsi Punchayet have given an affidavit” that they support the legal proceedings, he noted, adding that anjumans of Bulsar, Thane, Belgaum, Ankleshwar, Surat, Navsari and Agra are in support. The Federation of Zoroastrian Associations of North America too are in support. "More letters are expected to come in before the BHC hearing scheduled for June 14,” said the advocate. Acknowledging the support of his legal team (Smriti Singh, Kunal Kothari and Tanvi), the lawyer added that counselor Shyam Mehta had argued the case before Justices Kathawalla and Gadkari and offered advice even when vacationing in Kenya. "Let us set aside all our differences…there is a long journey ahead of us… We need your prayers… If we show the urgency that we did today, the destination will be very bright,” he concluded, to a standing ovation.
On June 14, the BHC adjourned the next hearing to March 12, 2019 citing lack of time.
Bajan gave a short history of atash behrams in general and called them "perpetual reminders that the sacred flame is the source of all life.”
A comprehensive vote of thanks by TPV editor Rita Doctor for many who were involved in the long struggle, the dasturs, "the movers and shakers who moved the court,” community newspapers Jam- e-Jamshed and Parsi Times, the BPP trustees, the trustees of the Atash Behrams, social media activists, boiwalas, specially Ervad Neriosang Turel of Wadia Atash Behram, WAPIZ chief executive officer Anahita Desai and Mistry. "They also serve who stand and pray,” she concluded.
When the first announcements for the public meeting were made, there was a backlash on social media as to how the meeting could be seen as a platform for campaigning for Anahita Desai and wife of BPP chairman Yazdi, who is standing for the forthcoming July 1 trusteeship elections to the apex body. "Sometimes better sense prevails,” quipped fellow contender Xerxes Dastur who was seated in the row ahead of the Parsiana representative, when queried as to why there was no name of the organizers on the banners.