High Court Hands Down Decision in ISKCON
vs. Bangalore
BY: SUN STAFF
May 23, 2011 — CANADA (SUN) — The big news in ISKCON today, and in headlines across Indian newspapers, centers on the decision just handed down by the Karnataka High Court in the long-running Mumbai/Bangalore case.
Following is a report from Dayaram Prabhu with brief comments [in brackets] from our Bangalore Correspondent:
ISKCON Won Case against Madhu Pandit in the High Court of Karnataka:
Dear Maharaja & Prabhus
Please accept my humble obeisances. All glories to Srila Prabhupada.
Today the High Court of Karnataka pronounced Judgment allowing our appeal.
Senior Judge Hon'ble Nag Mohan Das read out the following operative portion
of the Judgement in the open court packed with advocates and media persons.
1. Appeal of ISKCON reg. in Mumbai is allowed with costs. [Means Madhu Pandit das has to pay ISKCON legal bill--of course that is easier said than done.]
2. Suit of the Plaintiff Society (ISKCON reg. in Bangalore by Shankhbhrit) is dismissed.
3. Counter claim of ISKCON reg. in Mumbai is allowed.
4. Plaintiff Society (ISKCON reg. in Bangalore by Shankhbhrit), its office
bearers and anyone claiming under it are restrained from interfering in the
management and possession of the suit schedule properties, i.e. Bangalore
temple.
--- then the Judges left the court room and copy of the order was given to
the advocates of both the sides to read & return to the court.
I have not read the judgement but what our advocates told me was that
Judgement has held that what is functioning as Bangalore temple is a branch
of ISKCON reg. in Mumbai & MPD and other conspired to take away the property using the Plaintiff society, which is a illegal and defunct society.
It appears that MPD knew that judgement is against him therefore he came prepared with an application for stay of the order giving him time to file SLP in the Supreme Court.
Our advocates objected & court directed MPD's advocate to serve copy on our
advocate so that we can file objection. The court posted the hearing of stay
application tomorrow 10.30 am.
I humbly request you all not to call me to find out about the developments.
I am too busy dealing with aftermath of this judgement and discussing future
course of action with our advocates and others. I or some one from our team
will inform you regularly by email.
I sincerely thank all ISKCON India leaders who stood by our team in this
fight for last 10-12 years.
Hare Krsna.
Your servant,
Dayaram dasa
Submitted by Madhupandit dasa for ISKCON Bangalore:
Srila Prabhupada's ISKCON Bangalore to go on appeal
The divisional bench of the High Court of Karnataka gave its verdict on the appeal filed by ISKCON Mumbai. Honorable Justice H M Nagamohan Das and Honorable Justice Arali Nagaraj today gave their verdict on appeal filed by ISKCON Mumbai and set aside the Civil court's judgment. We have not received a copy of the judgment in our hands. However, ISKCON Bangalore will pursue its case within the legal framework and will appeal against this decision in the Supreme Court. We have full faith in the judiciary of our country and are confident that we will be able to present the case in our favor. Our application seeking stay for 90 days to facilitate appealing the same before the Supreme Court is coming up for hearing tomorrow. However, the services in the temple and other initiatives will continue unhindered we request everyone to extend co-operation and support. For further details please visit IskconBangalore.org.
Thanking you,
Yours in service of Lord Krishna
Madhupandit dasa
President
ISKCON Bangalore
Here is a copy of the above press note from Madhu Pandit dasa in Kannada.
Additional Comments from our Bangalore Correspondent:
"I would just like to make one clarification. I recently saw on some Rtvik sites the claim that ISKCON (reg in Mumbai 1971) was the party that initiated all these legal suits and that they should just stop attacking that pure devotee Madhu Pandit, etc., etc. with these suits and save Srila Prabhupada's money, etc., ad nauseam.
What the average reader doesn't understand is that ISKCON (reg in Mumbai 1971) did not initiate any legal suits against Madhu Pandit dasa and his bogus institution. It is Madhu Pandit who has initiated all four (4) of the suits and ISKCON (reg in Mumbai 1971) is the defendant and has every right and obligation to defend itself.
For details of all suits initiated by Madhu Pandit dasa please see ISKCON-BDA.org.
If you are going to write something, at least get your facts straight."
From the Deccan Herald:
High Court says its president, Madhu Pandita Das forged documents
‘Iskcon Mumbai owns City arm' Bangalore
"In a verdict that puts an end to a decade-old feud, the High Court of Karnataka on Friday ruled that the entire property of Bangalore's International Society for Krishna Consciousness (Iskcon) belongs to the Iskcon Mumbai.
Hearing a petition by Iskcon Mumbai, the Division Bench comprising Justices Nagamohan Das and Arali Nagraj said that since the administration of Iskcon Bangalore happens from Mumbai, the plaintiff society cannot interfere in the administration of Mumbai.
The Court also restricted any organisation claiming to be from the plaintiff society in Bangalore from interfering with the affairs of the local branch of Iskcon.
"Any organisation claiming under Bangalore plaintiff is restrained from interfering with the affairs of the Bangalore branch of Iskcon registered at Mumbai."
Stating that Iskcon Bangalore has no legal existence, the Bench upheld the Iskcon Mumbai's claim that the plaintiff society was defunct.
"There is no legal existence to the Bangalore society. By falsifying accounts, president Madhu Pandit Das has conspired to breathe life into the society."
Pointing out that Madhu Pandit Das' statements in earlier litigations that Iskcon Bangalore is a branch of Iskcon Mumbai, the Bench said the property of Iskcon Bangalore is the contribution to original branch at Mumbai.
Stating that none of the documents produced by Madhu Pandit Das show that the property belongs to the plaintiff society, the Bench said that even the tax is paid by the Mumbai organisation.
The court further observed that Das fabricated the documents and the tampered accounts with fabricated papers was disbelieved by the Court. However, the court said that Das and other officers will continue as officer-bearers as per the bye-laws of Mumbai.
However, the Iskcon Bangalore sought to stay the order as they were approaching the Supreme Court. The Bench directed Iskcon Mumbai to file objections on Tuesday.
Background
Iskcon Bangalore, which was established in 1978 by Iskcon Mumbai had selected Madhu Pandit Das as President of the new branch in 1984.
Das functioned under the directions of Mumbai and would send annual audit report as per the bye-laws of Iskcon Mumbai.
However, the process ran into rough weather when the Mumbai organisation found differences in the audit report and deviation from philosophy of Iskcon Mumbai.
A series of legal battles continued until the IX Additional City Civil Court ruled in favour of Bangalore in 2009 and the Mumbai organisation approached the High Court in the year 2011."
Additional reports from mainstream and online India news agencies can be found here:
Finally, a rebuttal piece by Aishwarya Kumar of Bangalore, written in response to the recent article, "Update On the Bangalore Case":
Excerpts from "Glass House Owners"
submitted by Aishwarya Kumar, Bangalore
"The fight is actually between Prabhupadanugas and guru-hoaxers and not only Madhu Pandit Prabhu. We all understand this well. All devotees are supporting this not just sentimentally but after scrutinizingly and intelligently studying the July 9th Directive and Direction of Management (DOM) Letter by Srila Prabhupada. You all quote yourself on logic and not on sadhu, shastra or guru pramana. This itself is faulty.
Regarding the in-fights, there are actually no in-fights amongst the trustees in Akshaya Patra. In fact after the house committee report (Link), the operations of Akshaya Patra have even further improved. They are all very happy since they know that the house committee report proves the credibility of ISKCON and Madhu Pandit Prabhu to a greater extent. And it is an established fact. Being inside the organisation it is easier for me to report these things on a very truthful platform than this "staff correspondent". Since these kinds of people are envious, they cannot appreciate this fact and they keep trying to convince themselves. It is like a rabbit which thinks that let me close my eyes and I will not die, although the lion is just standing right in front, to eat it.
The Harinama initiations were conducted under the banner of an elected GBC, strictly following the July 9th Directive and DOM Letter by Srila Prabhupada. It is so funny or rather hilarious that this very corresponding person mocks such an authorized initiation process. This bogus anonymous correspondent should first look at this own backyard before mocking the diksha ceremony at ISKCON Bangalore which is a great offense in itself. [ ]
Now let me tell you the facts - what is actually happening in Bangalore.
ISKCON Jagannatha Mandir in Sheshadripuram is filled with 300-350 people and with fights. Recently the viscosity increased so much that they had to resolve by making Narahari Chaitanya, the incharge of Kumarswamy temple and they even shifted out one sector and made a group for Girinagar. They are 300 people and there are 300 Presidents, each one of them President for oneself. That itself shows how chaotic is the situation there. Since ten years the only thing they are doing is to fight. Even though it is not openly announced it is understood and known that they have a very small temple in HSR layout with some 5-10 devotees who are found to be unfit in ISKCON Bangalore and whom they grabbed. There is one more group of Anakulya Keshava and Madhusudhan Hari who are all sindhis. Narahari Chaitanya has another group who are all kannadigas.
In verse 5 of his book Nectar of Instructions, Prabhupada writes, "In this Krishna consciousness movement a chance is given to everyone without discrimination of caste, creed or color. Everyone is invited to join this movement, sit with us, take prasada and hear about Krishna." Where is this instruction of Prabhupada? Why these groupies of sindhis and Kannadigas? Well to me it sounds very funny indeed.
Varada Krishna is sitting there in a hot seat trying to manage these wild passions all together. The temple is so small (obviously since they don't spend a farthing on preaching and expansion) that even if they try dividing the temple amongst those 3 groups, they will only get one tile per President. Each one is not able to accommodate the clashes of others. Obviously this behaviour also finds it source in their guru who is a politician himself and who is known worldwide for harassing his god-brothers. Before accusing Akshaya Patra, you better set your house in order. If you want I can send the reports every week about the fights which are happening there. Officially they are all trying to make a big face. They are all united only for fight and nothing else. Among themselves only they are fighting for nails. Even if you get this temple what will you do, you will all fight similarly. For one group Prahlada Narasimha temple, for one group Srinivasa Temple and other group Radha Krishna Temple. One President for every temple and department! Please don't spread these rumors. Don't try to become the author of Pavana Purana.
They falsely accuse Madhu Pandit Prabhu and devotees at ISKCON Bangalore (reg in 1978). They steal documents from our temple, they hack our database of our donors and send them false letters, they try to disturb devotees and youth here, they install spies in the temple here. They send dirty SMS to devotees and our donors and VIP's. They are all involved in such nasty activities. Does this befit a character of a devotee?
One should judge by the results. ISKCON Bangalore is known for its preaching activities all over the world. Temples are opening, massive book distribution and prasadam distribution just like how Prabhupada wanted to be. As a President, Madhu Pandit Prabhu is managing so wonderfully. What is your problem in that? Why you are calling it as a loot? For gurus it is a loot of course. Your own guru HH JPS said that Prabhupada is dead and how could a dead father produce children. No wonder for you Prabhupada is dead but for all of us he is still living and guiding us. He will surely remain to be our only spiritual master life after life.
HH JPS himself has said many a times that Madhu Pandit Prabhu's service and integrity are beyond a doubt. Just because he is upholding the truth that Prabhupada is the only diksha guru, you people are maligning his integrity. For that he does not become a culprit. According to you then whoever does not accept your guru and accept even other living guru, is surely a culprit. You are all using politics to stop the preaching activities of Prabhupada's own mission. What shall you achieve by doing so?
For the information of readers GBC at ISKCON Bangalore is elected through the Direction of Management Letter by Srila Prabhupada and initiations are conducted as per July 9th Directive. Everything is as per Prabhupada, what is your problem then?
We are always defending for our services and I am sure that they will go on. It is a fact that all gurus have their own bank accounts. All the guru-dakshina goes into it. It is not accounted by anyone either whereas Madhu Pandit Prabhu has openly declared about his assets. Let one guru file such an affidavit. Let them prove how much HH JPS holds in his bank account. How much H H Radhanath Swami has in his account? This particular property of ISKCON Chowpatty has never been in ISKCON's name. Will you get that loot transferred to ISKCON?
This court case in itself is not everything. You just wanted to say that tomorrow is verdict but you made it very spicy. Please don't do that. We are all interested in preaching and we will go on preaching.
You said that if ISKCON Bangalore wins than "ISKCON" will go to the Supreme Court. You better tell your Doyarama not to waste Krishna's money for fighting. Let there be temple where Prabhupada is worshipped. Why do you want to fight this temple? Why do you support this cause? Are you seeking an authorization from Vaishnava community to fight for this? Or are you being paid nice wages to write such reports?
In the case of Civil Court judgement, although it was a 350 page long judgment, you approached high court yourself. And in this case if we lose, we also have a right to do so and we should do so to keep up the position of Prabhupada. You are the aggresors always and we have been defending. We have never been aggressors.
In the third option you are stating about your activities in 5 days. Whole world knows about what you did in Calcutta. Gundaism and Thuggery. They even rammed lorry to break open the gate of the temple to take it over and even tried blowing up the temple also. Are you warning everyone about this thuggery in Bangalore, which you did in Calcutta? Better watch out. Vaishnavas are watching you. HH JPS now is harassing Madhu Pandit Prabhu who is not accepting him as guru which he has very rightfully done as per the instructions of Srila Prabhupada. Are you trying to threaten for that? Hope you are not lost as much as you appear to be lost. Hopefully your mind is in your control.
Our only prayer is to be engaged in the service of Srila Prabhupada and I am sure that many vaishnavas will join me in this prayer."
