Thursday, May 26, 2011

ISKCON Mumbai petitions Home Minister



Following the High Court verdict in favour of the International Society for Krishna Consciousness (ISKCON), Mumbai, Varadakrishna Das, president of the Mumbai ISKCON in Bangalore, filed a petition with Home Minister R. Ashok apprehending funnelling off of jewellery and other valuables from the temple here.

The Karnataka High Court, on Monday, ruled that ISKCON, Bangalore, had falsely claimed properties of ISKCON, Mumbai, and that the former is not an independent autonomous body.

Stay sought
Speaking toThe Hindu, Mr. Varadakrishna Das said that the Bangalore branch has sought a stay on the High Court order. “We fear that Madhu Pandit Das, president of ISKCON, Bangalore, his family members and associates may try to siphon off jewels and other precious items worth crores from the temple,” he said.
Over the past 12 years, devotees from across the world have donated crores of rupees by way of gifts to the temple, Mr. Varadakrishna Das said his petition on Monday evening and urged the Home Minister to provide protection at the temple. “This is a sensitive matter. We have urged him to ensure that nothing is removed from the temple compound,” he said.
He said that Mr. Ashok had directed the jurisdictional Deputy Commissioner of Police and Assistant Commissioner of Police for a 24-hour vigil at the temple and make an inventory of all the jewellery and valuables at the temple.

‘Appoint administrator'
MLA D.K. Shivakumar

Kanakapura MLA D.K. Shivakumar welcomed the court verdict and urged the Government to take over the temple and appoint a senior IAS officer as its administrator.

Wednesday, May 25, 2011

High Court restrains ISKCON Mumbai


The divisional bench of the High court of Karnataka today restrained ISKCON Mumbai from dislodging or dismissing Sri Madhu Pandit Dasa and other office bearers of ISKCON Bangalore for 6 weeks. The High Court further observed that there are various yeoman services being rendered from the institution to the society and abrupt changes in the management, employees, missionaries and other members would disrupt the same leading to far reaching consequences.
The High Court also observed that other activities, organizations or trusts which are functioning from the Hare Krishna Hill premises are not part of this suit and hence their activities should go on unhindered.
The divisional bench of the High Court was giving their decision on the stay petition filed by ISKCON Bangalore. It may be recalled that the High court had set aside the verdict given by the Trail Court of Bangalore which had given absolute ownership of Sri Radha Krishna-chandra temple on Hare Krishna Hill to ISKCON Bangalore Society registered in 1978.
The counsel for ISKCON Bangalore said that the stay petition is not about the verdict and hence should be considered on the following grounds:
1. ISKCON Bangalore has been in de-facto possession of the Hare Krishna Hill premises for the last several decades and various court orders were in its support.
2. The practicality of any transfer of management will not be possible on an immediate basis.
3. ISKCON Bangalore has already given an undertaking in the Supreme Court that it will not alienate or part with the assets, and are willing to submit to any process of reporting to the court.
After hearing the objections of ISKCON Mumbai to this stay petition, the High Court bench consisting of Justice Nagamohan Das and Justice Arali Nagaraj gave their judgment that a stay was not maintainable as the members of ISKCON Bangalore are managing a branch of ISKCON Mumbai. Hence, a restraining order was given as above in order to facilitate the smooth functioning of the various activities of ISKCON Bangalore and to file an appeal in the Supreme Court.
“ISKCON Bangalore will file an appeal in the Supreme Court shortly after obtaining and studying the order copy. 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,” said Madhu Pandit Dasa, President of ISKCON Bangalore.

Tuesday, May 24, 2011

Srila Prabhupada’s ISKCON Bangalore to go on appeal

Battles may be lost but war for Srila Prabhupada will be won Bangalore, 23 May 2011. 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 judgement.
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.
It may be recalled that the City Trial court of Bangalore had given a judgment on April 17, 2009 stating that ISKCON Bangalore is the absolute owner of Sri Radha Krishna temple on Hare Krishna Hill. The Honorable Civil Court judge had also declared that ISKCON Bangalore is an independent legal entity and further restrained ISKCON Mumbai, their agents or representatives from interfering in the affairs of ISKCON, Bangalore by granting a permanent injunction.
Annexure 1(1)

Annexure 1(2)
Unfortunately, the Honorable High Court today set aside this 350 page judgement and gave its verdict overruling the earlier order.
The genesis of this dispute between ISKCON Mumbai and ISKCON Bangalore is related to the spiritual succession of the movement founded by His Divine Grace A.C. Bhaktivedanta Swami Prabhupada. Srila Prabhupada had taught from the Vedic literatures that an Acharya plays a prime role in the development of Krishna bhakti in the heart of a disciple. In order to play that role of an Acharya, one must have extraordinary spiritual qualifications and purity.
Just months before his physical departure from this world Srila Prabhupada instituted a rtvik system of initiation thro' a written directive sent to all its GBC's and Presidents on July 9th 1977.
Annexure 2(1)

Annexure 2(2)

He made it clear in this written directive that he remained the diksa guru or the acharya of ISKCON and that his disciples acting as his representatives or rtviks would initiate new disciples as disciples of His Divine Grace Srila Prabhupada. ISKCON Mumbai which is predominantly controlled by foreigners who are themselves voted in unauthorized gurus has disregarded this particular instruction and has manufactured its own system of succession. ISKCON Bangalore on the other hand tries to follow this and many other directives of the founder and acharya of ISKCON Srila Prabhupada strictly.
The ISKCON Bangalore society was registered by one of the pre-1977 disciples of Srila Prabhupada named Shankabrit Dasa in the year 1978 as per the Karnataka Societies registration act 1960. Sri Madhu Pandit Dasa later on in 1984 took over from Shanka Brit Dasa as the President of ISKCON Bangalore and under his leadership the temple complex on Hare Krishna Hill was built and inaugurated in 1997. In 2001 some of the fanatic disciples of ISKCON Mumbai physically stormed the temple of ISKCON Calcutta. Sri Adhridharan Dasa the President of ISKCON Kolkata was ousted from his services as he was a strong proponent of the rtvik system of initiations.
Annexure3(1)

Annexure3(2)

Knowing that the fanatic followers of the unauthorized gurus will try to similarly storm the temple and harass the devotees and disturb the various initiatives of ISKCON Bangalore, we discussed with legal experts and concluded that legal recourse was unavoidable and only solution for protecting the legacy of Srila Prabhupada and his movement from these gurus and there fanatic followers.
ISKCON Bangalore (registered in 1978) approached the courts to restrain ISKCON Mumbai from interfering in the affairs of ISKCON Bangalore. The then Honorable Judge of the High Court Justice A M Farooq gave his verdict on the interim application and passed interim order restraining ISKCON Mumbai(registered in 1971) from interfering with the affairs of ISKCON Bangalore on April 20th 2002. In his order he said “ There shall be an order of temporary injunction as prayed for by the plaintiff(ISKCON Bangalore)the respondent defendants (ISKCON Mumbai)… are hereby restrained from interfering with the plaintiff’s peaceful possession of the suit properties…”
Annexure4


ISKCON Mumbai went on appeal against this interim order to the Supreme Court, which gave its verdict that it will not interfere with the High Court’s order and that it will maintain the interim order. Honorable Justices VN Khare and Ashok Bhan said in the verdict “In view of the fact that the interim injunction has been passed pending hearing of the suit we are not inclined to interfere in the matter.”
Annexure5(1)

Annexure5(2

Annexure5(3)

The City Civil court later heard the main civil suit on a day to day to hearing and perused close to 700 documents submitted by both parties and gave it final verdict on April 17, 2009 stating that ISKCON Bangalore is the absolute owner of Sri Radha Krishna temple on Hare Krishna hill. The Honorable Civil Court judge also had opined that ISKCON Bangalore is an independent legal entity. The civil court had further restrained ISKCON Mumbai or their agents or representatives from interfering in the affairs of ISKCON, Bangalore by granting a permanent injunction.
(Annexure 1(1) – copy of the order, Annexure 1(2)– copy of the order ).
Today the divisional bench of the High court, presided by Honorable Justice Nagamohan Das and Justice Arali Nagaraj, after hearing the various arguments about the city civil courts’ orders by both sides gave its final verdict and set aside the civil court’s order April 17th 2009.
For ISKCON Bangalore, this is not a fight for properties but a sincere effort to re-establish Srila Prabhupada as the sole acharya or diksha guru of ISKCON. We are confident that truth will prevail and by the mercy of Sri Radha Krishna-chandra, our services to Their Lordships will continue unhindered.

Karnataka high court turns the table for ISKCON Bangalore- News from newspapers





Mumbai Iskcon is the real thing, Bangalore body fake: Karnataka high court


The legal battle between Bangalore and Mumbai arms of the International Society for Krishna Consciousness (Iskcon) ended on Monday with the Karnataka high court ruling that the Mumbai Iskcon had rights over the properties of Iskcon, Bangalore.
Hearing the regular first appeal (RFA) filed by Iskcon, Mumbai challenging the April 17 verdict of IX additional civil and sessions court ruling that the property in Harekrishna Hills in Rajajinagar belonged to Iskcon, Bangalore, a special division bench of justices HN Nagamohan Das and Arali Nagraj on Monday observed that the Bangalore body had no right over the scheduled properties.
Iskcon, Bangalore then filed an application seeking a stay on the high court order until it could file an appeal against the verdict in the Supreme Court. The application will come up for hearing on Tuesday.
The bench observed that Iskcon, Bangalore was not a legally constituted body and it was a branch of the Mumbai outfit.
The society and office-bearers of Iskcon, Bangalore have no right to interfere with the functioning and managing of the properties in the city.
They had miserably failed to prove the legal existence of Iskcon, Bangalore as an independent autonomous body, it said.
The court also said that there was no evidence on record to show as to when Madhu Pandit Das, president of Iskcon, Bangalore enrolled as a member of the organisation.
It further observed that Iskcon, Bangalore was a defunct society and was taking advantage of the similarity in its name with that of Mumbai Iskcon.
It had fabricated documents and was falsely claiming its right over the properties. There was no evidence on record to show that the properties were built by Iskcon, Bangalore.
The bench further directed that Madhu Pandit Das and other full-time devotees were entitled to continue to function at the Iskcon, Bangalore in accordance with the byelaws and rules of the Mumbai Iskcon.
The Karnataka high court observed that Iskcon, Bangalore was to conduct its first general body within 18 months of its registration in 1978 and elect a governing body.
However, it had not done so which was a clear violation under the Section 1(2) of the Karnataka Societies Registration Act.
From 1978 till March 2002, the plaintiff society had not even filed its returns with the income tax department.
The society filed its income tax returns for the first time in March 2002, showing a fund of about Rs35.59 crore in its balance sheet, the court pointed out.
Iskcon, Bangalore failed to show that it was owner of the immovable property bearing survey nos 174 and 175 in Ketamaranahalli which is now Rajajinagar II stage and property measuring six acres and eight guntas at No 3, 1st cross, 3rd stage Gokula, Mysore.



 Bangalore Iskcon has no legal existence: HC

BANGALORE: The Karnataka high court on Monday said Iskcon (Bangalore) has no legal existence as an independent body.
A division bench comprising Justices H N Nagamohandas and Arali Nagaraj observed: "The plaintiff society (Iskcon, Bangalore) has miserably failed to prove that it has legal existence as an independent, autonomous society. It failed to prove and establish that it is the absolute owner in possession and enjoyment of property. It is found that the plaintiff society is a defunct society. By taking advantage of similarity in the name Bangalore branch of defendant (Iskcon, Mumbai) and by fabricating documents, is falsely claiming the schedule property. There is no evidence on record to show that the plaintiffs built the Iskcon movement in the state of Karnataka and acquired schedule property. The plaintiff society and its office-bearers have no manner of right to interfere with the functioning and administration of the society."
The bench allowed the regular first appeal filed by Iskcon, Mumbai, and set aside the April 17, 2009, verdict of the IX additional civil and sessions court, Bangalore, which ruled that the property at Harekrishna Hills in Kethamaranahalli (now Rajajinagar) belongs to Iskcon, Bangalore, and also is a separate entity.
The bench said: "Madhu Pandit Dasa and other devotees heading the branch are entitled to continue to function in their capacity only in accordance of by-laws and regulations of Iskcon, Mumbai. There is no document to show how Madhu Pandit Dasa and Stoka Krishna Dasa were admitted as members of the society. There was no general body meeting held even though the society was formed in 1978 and there is a governing body of Iskcon, Bangalore in existence in terms of Karnataka Societies Registration Act. There are no I-T returns for 1978-2002 and Rs 39.59 crore was shown as corpus fund without supporting material. A round rubber seal of the plaintiff society was affixed in some correspondence with the BDA and telephone department for the purpose of claiming suit properties."
The counsel for Iskcon, Bangalore, moved an application seeking a stay on the verdict to enable them to file an appeal before the Supreme Court. The bench will take up that application for hearing on Tuesday.
Madhu Pandit Dasa, president, Iskcon, Bangalore, said they had not received a copy of the judgment. "However, Iskcon, Bangalore, will pursue its case within the legal framework and will appeal against this decision in the Supreme Court."  

 

 ISKCON fabricated documents: court

Bangalore: The Karnataka High Court on Monday ruled that ISKCON, Bangalore, had falsely claimed properties of ISKCON, Mumbai, with the help of fabricated documents. The former is not an independent autonomous body, but a branch of the latter, the court said.
The court restrained the president of ISKCON, Bangalore, Madhu Pandit Dasa, and other office-bearers from interfering with the functioning, monitoring and administration of the properties, but allowed them to discharge their duties as per the bylaws and regulations of ISKCON, Mumbai.
Pronouncing the judgment on a petition filed by ISKCON, Mumbai, a Division Bench comprising Justice H.N. Nagamohan Das and Justice Arali Nagaraj said, “ISKCON, Bangalore, a society registered under the Karnataka Societies Registration Act, 1960, has miserably failed to prove its legal existence as an independent, autonomous body.” The Bench observed that “it is found that the ISKCON, Bangalore society, a defunct society, by advantage of the similar name of the Bangalore branch of ISKCON, Mumbai, by fabricating documents is falsely claiming the scheduled properties of the latter.” The Bench said the immovable properties on survey numbers 174 and 175 Ketamaranahalli, now Rajajinagar 2nd stage, and No. 3, 1st Cross 3rd Stage, Gokulam, Mysore, belong to ISKCON, Mumbai.
Setting aside the 2009 order of the civil court in favour of ISKCON, Bangalore society, the High Court said that “the reasoning of the civil court order was not supported by any evidence”. “After registration of the plaintiff (ISKCON, Bangalore society) in 1978, it was mandatory to convene the first general body meeting within 18 months and, in turn, it was supposed to elect the governing body. However, it has not done that. It is a clear violation under Section 1 (2) of the Karnataka Societies Registration Act,” the Bench said while holding that the society was not a legally constituted body and “there is no evidence on record to show as to when Madhu Pandit Dasa, president of the society, was admitted as a member of the society”.
Counsel for ISKCON, Bangalore society, sought a stay on the operation of the verdict for 90 days for enabling them to appeal in the Supreme Court. The Bench will hear this plea on Tuesday.

 Iskcon Mumbai owns City arm

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. 

 

 Property dispute: Mumbai Iskcon wins

Ending a decade long tussle over ownership of the International Society for Krishna Consciousness (Iskcon), Bengaluru, the high court on Monday ruled that it belonged to Mumbai Iskcon.
A division bench of the high court allowed the petition by Iskcon Mumbai and restricted the plaintiff, Bengaluru’s International Society for Krishna Consciousness, from interfering in its affairs.
Declaring that Iskcon, Bengaluru had no legal existence, the bench upheld Iskcon Mumbai’s claim that it was defunct. “President Madhu Pandit Das has conspired to breathe life into the society by falsifying accounts, ” it said.
Maintaining that none of the documents produced by Madhu Pandit Das showed the property belonged to Iskcon, Bengaluru, the bench observed that even its tax was paid by the Mumbai organisation.
The court,however, said that Das and others would continue as officer bearers under the bye laws of the Mumbai unit. The Bengaluru Iskcon has decided to challenge the order in the Supreme Court.
History
*Bengaluru Iskcon was established in 1978 by Mumbai branch and Madhu Pandit Das was made president in 1984.
*Das functioned under directions of Mumbai and sent annual audit reports to it as required under its byelaws.
*But when the Mumbai organisation found differences in the audit report and changes in philosophy, a series of legal battles began between the two units. 


The original copy of the High Court of Karnataka order will be published here with in 2 days 

Monday, May 23, 2011

Update on the Bangalore Case- Rocana Dasa

The most important news is that the High Court of Karnataka will finally give their verdict in the ISKCON vs Madhu Pandit case Today at 2 PM. The judges can give three different verdicts.
1. They find in Madhu Pandit’s favor, in which case it then proceeds to the Supreme Court of India.
2. They find in ISKCON’s favor, but because Madhu Pandit will appeal to the Supreme Court he will ask the High Court to grant him a “stay order”, meaning that the status quo remains and he will keep the Bangalore temple while the Supreme Court is hearing the matter.
3. They find in ISKCON’s favor, but because Madhu Pandit will appeal to the Supreme Court he will ask the court to grant him a “stay order”, but they do not grant it to him, which is likely, if they believe it to be a fraud case. (The court would not want to continue to perpetrate a fraud). He will then have to work very hard to get a petition together to bring to the Supreme Court of India, at which time he can ask them for a “stay order.”
Because of the legal complexities involved it will take him at least 5 days from the time he gets the High Court of Karnataka’s judgment in his hand to the time he can approach the Supreme Court of India and ask for a stay order. In that 5-day window it is possible for ISKCON, with the order of the High Court of Karnataka in hand, to take back the temple that Madhu Pandit usurped. Then, even if the Supreme Court issues a “stay order”, the status quo with ISKCON in possession will continue while the Supreme Court hears the case. This would be to Madhu Pandit’s great detriment.
So this 3rd option is the most interesting one and everyone on both sides is gearing up for “D-Day.” Things could be in a very different situation in Bangalore one week from today, but we will only know the direction it will go on Monday afternoon when the judgment is heard. As we have said in former texts, this is India and the judicial system is notoriously corrupt, however ISKCON is having some small hopes because the senior judge hearing the matter has a reputation for being clean and honest. If he is as his reputation states, then ISKCON will win. But there are no certainties.
More news. On last Gaura Purnima, Madhu Pandit held Rtvik “initiations” for the first time in many years. It is reported that about 150 people got “initiated.” And, this time the initiates were divided up between Madhu Pandit’s various “GBC members” and not just Madhu Pandit himself.
It is also reported that Madhu Pandit is sending his GBC men to different temples in India such as Vrndavana and Chennai to stay, and that only Madhu Pandit will stay in Bangalore for now. The thinking on their side is that with the likelihood of Madhu Pandit losing the case to be high, he wants these other centers to be developed as soon as possible so that he has a place to run to when he is kicked out of Bangalore.
Of course, this safety net will not last long as it will be easy to prove, by following the money, that these temples were established with money looted from the Bangalore temple. Thus he will put himself in even more trouble.
And the final bit of news circulating in the grapevine is about the Akshaya Patra Foundation. Apparently there is a lot of serious in-fighting going on in the board of trustees. (See www.akshayapatra.org/governance)
Trustees like Abhaya Jain (Manipal Medical group), V. Balakrishnan (Infosys) and T.V. Mohandas Pai (Infosys) want Madhu Pandit (lifetime Chairman of Akshaya Patra) and Chanchalapathi dasa (lifetime Vice-chairman of Akshaya Patra) to resign so that they can take over. Reasons cited are that Madhu Pandit’s reign has brought Akshaya Patra into a bad light because of the scandals he has been involved in. There is also the fact that these men want to use the Akshaya Patra Foundation as a vehicle for gaining influence in the government on the State and Federal level.
That is all for now. We will keep you posted as soon as we find out what happens.
Rocana Dasa


This is a letter from Rocana Dasa and there is no factual evidence in this letter. the letter talks about different topic which are not really true. The letter talks about the scandals and etc, but its proved that there is no scandles involved in akshaya patra. This is just a letter from Rocana Dasa with no bases.

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