Letters from Supervisory Committee

BY: BANGALORE CORRESPONDENT

Jun 10, 2011 — BANGALORE, INDIA (SUN) —

Letter from Supervisory Committee to Madhu Pandit dasa from Dayaram dasa, Chairman, Supervisory Committee

10th May, 2011

To

Sri Madhu Pandit Das,
President
ISKCON,
Hare Krishna Hill, Rajaji Nagar,
Bangalore.

Dear Madhu Pandit Das

Hare Krishna. Please accept my humble obeisance. All Glories to Srila Prabhupada.

Sub: The Supervisory committee
Ref: Letter dt. 25th May, 2011 by the General Secretary of the Bureau.

During the course of proceedings in the Supreme Court on 6th June, 2011, in which you were personally present, the topic about the Supervisory committee was discussed and their Lordships orally observed that the supervisory committee should continue as it was constituted on 25th May, 2011 and the order of status Quo is as on 6th June, 2011.

Therefore it was decided that the members of the Supervisory committee will visit the temple/branch premises tomorrow i.e. 11th Jun. 2011 at 10.00am. to carry out their duties as per the Bureau resolution dt. 25th May, 2011.

You are personally requested to inform all the other office bearers, as well as, inmates of the Branch / Temple to make sure that no unlawful assembly, as well as, no obstruction is created in smooth functioning of the Supervisory Committee.

Kindly take note of this and make appropriate arrangements as required by the Bureau Resolution dated 25th May, 2011. We have already informed the police authorities about this.

Thank you very much

Hare Krishna.
Yours Sincerely

Dayaram Dasa
Chairman
Supervisory Committee

New Letter to Police informing them that Supervisory Committee will go to Hare Krsna Hill Again from Dayaram dasa, Chairman, Supervisory Committee

9th Jun. 2011

To,

The Commissioner of Police,

Infantry Road,

Bangalore – 560 001.

Sir,

Sub: Request for police protection for the members of the Supervisory Committee and prevention of any unlawful assembly at ISKCON Temple situated at Hare Krishna Hills, Rajajinagar, Bangalore.

Though we had approached your good self on an earlier instance and had appraised you and other officers of your dept. about the facts of the case still for the purposes of refreshing the memory, they are re-stated as under.

1. "International Society for Krishna Consciousness" was founded & registered by Srila Prabhupada, asan all India Society, in 1971, under the Societies Registration Act 1860 and Bombay Public Trusts Act, 1950. This Society is having its registered office at Hare Krishna Land, Juhu, Mumbai and about 80 branches/Temples all over India, including a branch in Bangalore which is presently situated at Hare Krishna Hill, Rajaji Nagar, Bangalore.

2. The office bearers were designated from time to time to the said Bangalore Branch and in the year 1984, Madhupandit Das was designated as the Bangalore Branch President & Chanchalapathi Das as the Vice President.

3. Between March 1999 – February 2001 Madhupandit Das for various reasons i.e. apprehending his suspension from the post of the Bangalore branch President, opening of a second branch at Seshadripuram, Bangalore etc., filed 3 civil suits before the City Civil court, Bangalore. In those suits he stated on oath that

a. ISKCON is registered in Mumbai in 1971 which opened branches all over India and one such a branch was opened in Bangalore and Madhu Pandit Das was designated at the Bangalore branch President in 1984.

b. The ISKCON registered in Mumbai is the owner of the property Hare Krishna Hill, Rajaji Nagar, Bangalore. And this temple functions as a branch of ISKCON registered in Mumbai and this branch is directly under the administrative control of the Bureau (Governing Council) of ISKCON registered in Mumbai.

c. In those suits Madhu pandit Das prayed that he should not be suspended or that second branch of ISKCON should to be established in Bangalore.

d. In none of these suits Madhu Pandit Das even whispered about existence of ISKCON Society registered in Bangalore. He produced Memorandum of Association and Rules and Regulations of ISKCON society registered in Mumbai.

4. In none of these suits, he failed to secure any favourable interim orders from the court.

5. Madhupandit Das, thereafter sometime in August 2001, conspired with his family members and associates and put forward an illegal and fraudulent claim of ownership over the Bangalore Temple properties of ISKCON reg. In Mumbai.

6. For this nefarious purpose he attempted to revive a defunct society having identical same i.e. "International Society for Krishna Consciousness" which was registered in Bangalore in 1978 and inserted names of himself, his wife, his co brother and Sister in law as the members of the Governing body of the said defunct Society.

7. And then in October 2001 said Madhu Pandit Das, in the name of said Defunct Society, filed a suit in O.S.No.7934/2001 which was decreed against which ISKCON reg. in Mumbai filed Appeal in the Hon'ble High Court i.e. R.F.A.No.421/2009.

8. The Hon'ble High Court, after long continuous day to day hearing, extending over 3 weeks passed its judgement on 23rd May, 2011 in which the Hon'ble High court categorically held that

a. What was & is functioning in Bangalore called as ISKCON Bangalore or ISKCON at Hare Krishna Hill, Rajaji Nagar, Bangalore was & is only a branch of ISKCON registered in Mumbai in 1971.

b. Madhu Pandit Das was and is the Bangalore branch President of the ISKCON registered in Mumbai and he conspired with his family members and associates to steal the ISKCON temple from ISKCON registered in Mumbai and for that purpose illegally and fraudulently attempted to revive a defunct society having identical name as that of ISKCON reg. in Mumbai.

c. ISKCON registered in Mumbai is the owner and is in possession of the Temple property at Hare Krishna Hill, Rajaji Nagar, Bangalore.

d. Madhupandit Das, Chanchalapathi Das, etc. were & are the office bearers of the branch of ISKCON reg. In Mumbai at Bangalore and they were permitted to continue to function as such subject to further decision that may be taken by the Bureau i.e. Governing Council of ISKCON Reg. in Mumbai.

9. The Hon'ble High Court has restrained any person claiming under the Registered Bangalore society from interfering with the management and Possession of ISKCON Reg. in Mumbai in respect of the Temple property situated at Hare Krishna Hill, Rajaji Nagar, Bangalore.

10. Madhu Pandit Das, in the name of the Defunct Bangalore society, moved an application for stay of the said judgment but the Division Bench of the High Court on 24th May, 2011, refused to stay the judgment. However, the High Court directed that Madhu Pandit Das and others who are claiming under the Defunct Bangalore Society were permitted to continue to function as the Bangalore branch office bearers of ISKCON Reg. in Mumbai and subject to the bye-laws and regulations of ISKCON Reg. in Mumbai. And ISKCON Reg. in Mumbai was directed not to remove Madhu Pandit Das and others from the post of Bangalore branch President for the period of 6 weeks.

11. After passing of the above orders on 23-05-2011 and 24-05-2011, the Bureau ( Governing Council) of ISKCON Reg. in Mumbai passed a resolution constituting a Supervisory Committee for discharging various functions and specifically directed that the Supervisory Committee should not interfere with the day to day administration of the temple by the existing office bearers i.e. Madhu Pandit Das & ors.

12. The above resolution of the Bureau constituting the Supervisory Committee was communicated to Madhu Pandit Das & the other office bearers of the temple at Hare Krishna Hills, Rajaji Nagar.

13. Madhu Pandit Das openly told media that he will not allow Supervisory Committee to enter the Temple premises. Due to this, as well as, being well aware of Madhu Pandit Dasa's past conduct of filing of false criminal cases, and apprehending the breach of peace the members of the Supervisory Committee approached the jurisdictional police, as well as, the Deputy Commissioner of Police (North) on 28-05-2011 and on his suggestion on 30-05-2011, the members of the Supervisory Committee met Sunil Kumar, the Addl. Commissioner of Police.

14. On 31st May, 2011, the members of the supervisory Committee met with you (Commissioner of police) and all of you promised to take appropriate steps.

15. On the same day i.e. 31st May, 2011 Mr. Suneel Kumar, the additional commissioner of police ( Law & order) informed the members of the supervisory committee that your Dept. has sought a legal opinion, which he said should take 1-2 days time and then he would let us know as to the final decision about providing police protection.

16. Again on 2-06-2011, we, the members of the Supervisory Committee met with Sri Suneel Kumar, the Additional Commissioner of Police who assured us of Police Protection & directed us to DCP (North) who in turn directed us to Mr. Ajappa, Assistant Commissioner of Police, Maha Laxmi Layout.

17. Mr. Ajappa, the ACP, asked us to proceed to the ISKCON Temple premises at Rajajinagar and start our functioning and if we encountered any trouble, he would do the needful if the matter is brought to his notice.

18. Therefore by letter dt. 3rd May, 2011 we intimated the concerned authorities in the police department that we intend to commence the work from 3-06-2011 at around 5 PM.

19. Accordingly when we, the members of the Supervisory Committee went near the temple there were over 400 goondas led by Madhu Pandit Das, Bharatashrabha Das, Sridam Krishna Das, Kodandaram Das, Jai Chaitanya Das &others who threatened and attacked us, manhandled us and stopped us from entering temple and under threats we had to abandon our work.. A police complaint in this regard had been filed by some of the members of the Supervisory Committee.

20. Thereafter further requests were given to you for extending police protection and also to prevent the formation of unlawful assembly in the temple paving way for the Supervisory Committee to discharge their duties.

21. Even after this event Madhupandit Das and Chanchalapathi Das repeatedly kept asserting that they will not permit the members of the Supervisory Committee to enter into the temple at any cost. Therefore it was deemed appropriate that without the police accompanying us it would not be appropriate for the members of the Supervisory Committee to enter into the temple.

22. In the meantime, Madhu Pandit Das in the name of the Bangalore registered society filed a Special Leave Petition (SLP No.15814/2011) before the Hon'ble Supreme Court, along with an application seeking for an interim relief of stay of the judgment and decree dt. 23rd May, 2011 passed by the Division Bench of the Hon'ble High Court of Karnataka in R.F.A.No.421/2009.

23. After hearing for few minutes, the Hon'ble Supreme Court refused to grant stay but suggested that at the advocate's level, endeavour should be made to settle the matter out of the courts.

24. In the interregnum period, the Hon'ble Supreme Court deemed appropriate to observe that the judgment and decree dt. 23rd May, 2011, the Hon'ble High Court had declared the affairs of the temple at Hare Krishna Hills as being that of the Bangalore branch of ISKCON reg. in Mumbai and that the Bangalore Society should not interfere with the possession & enjoyment of the temple properties.

25. With reference to the order dated 24-05-2011, it was indicated that to some extent there was a respite as Madhu Pandit Das & other existing office bearers are not permitted to be removed.

26. Having observed these things, a request was made by the Bangalore Society advocate that an order of status quo should be passed as per the order of the Trial Court i.e. as on 23rd May, 2011 which the Hon'ble Supreme Court flatly refused and made clear that the status quo should be maintained as per the High Court Order i.e. as on 6-06-2011.

27. However, since the Bangalore society had been declared to be defunct by the judgment of the Hon'ble High Court, further direction was given that Bangalore society with the present office bearers would continue the day to day management of the society and should not take any decisions or liabilities from the Bangalore society.

28. The Bangalore society requested to stay the operation of the Supervisory committee which was also refused by the Hon'ble Supreme court and the Bench orally indicated that since the status quo was to be maintained as on 6-06-2011, Supervisory Committee shall continue and when an apprehension was raised by the counsel appearing for the Bangalore Society that they would interfere with the day to day affairs, it was indicated from the records ( Bureau Resolution dt. 25th May, 2011 constituting the Supervisory Committee) that the Supervisory Committee was constituted with a specific direction not to interfere with the day to day administration of the affairs of the temple & the Hon'ble Supreme Court did not pass any orders in this regard.

29. As things stand, the status of affairs as on 6-06-2011, i.e. with reference to the status declared by Hon'ble High Court in R.F.A.No.421/2009, more particularly that the branch of ISKCON Reg. in Mumbai is in possession of the temple and that the temple should function in accordance with the Rules and Regulations of ISKCON Reg. in Mumbai essentially requires Supervisory Committee to discharge its duties both in accordance with the orders of the High Court as well as that of the Hon'ble Supreme Court i.e. status quo as on 6-06-2011.

30. In obedience to the same and also for the purpose of discharging duties we again request you to provide a police protection and to prevent any unlawful assemblage either at the gate of the temple or at any place inside so as to cause any threat to the life or limbs of the members of the Supervisory Committee or to cause any intimidation in any other manner.

31. We would like to start our work as soon as possible. We intend to commence the duties as per the Bureau Resolution dt. 25th May, 2011, at 10.00AM on 11th June, 2011.

32. We earnestly hope that being appraised of these factual situations, earlier as also under this representation, adequate measures would be adopted to prevent any unlawful assemblage or possible intimidation or threat to the life and limbs to the members of the Supervisory Committee when we commence the work and thereafter, for which act of yours, we shall remain grateful.

Yours Sincerely

Dayaram Dasa
Chairman
Supervisory Committee

1. Copy to Additional commissioner of Police (Law & Order)

2. Copy to Deputy Commissioner of Police (North)