Latest on Court Case in Bangalore

BY: STAFF CORRESPONDENT

Aug 15, 2010 — BANGALORE, INDIA (SUN) —

Date: August 7, 2010
Subject: Good news & small report on hearing of RFA 421 of 2009

Dear Maharaja and Prabhus,
Please accept my humble obeisances. All glories to Srila Prabhupada.

For the last 2 weeks (total 10 days i.e. 5 working days per week) the Division bench of the Bangalore High Court has been hearing our RFA 421/2009, i.e. Appeal filed by ISKCON reg. in Mumbai by Srila Prabhupada in 1971 against the order of the Trial Court. Everyday from 2.30 to 4.45 (2 hours and 15 minutes) our case is heard exclusively.

1) Our counsel argued for 6.5 days, i.e. till last Tuesday (3rd Aug.) First four days, for me, were tense as the Judges were confusing the "Bangalore Branch" of the ISKCON reg. in Mumbai with the ISKCON society registered by Shankhabhrit in 1978 and kept repeating to our counsel that if you don't accept that ISKCON Reg. in Bangalore is your branch then why are you fighting this case. Let them function independently.

2) But on 29th July when our counsel read out one of the resolutions signed by Madhu Pandit dasa (MPD) stating that sometime in 1989, ISKCON reg. in Mumbai donated its Bangalore branch to the ISKCON Society reg. in Bangalore. The distinction and the fraud became clear to the judges. The senior Judge asked his clerk to bring a copy of his own previous judgment and read aloud the statement made there. "Bigger is the endowment, bigger is the temptation to swallow it." And laughed aloud.

3) We submitted to the court date-wise fraud committed by MPD, using his position as the President of the Bangalore branch of ISKCON, in fabricating documents, manipulating Govt. records, fudging accounts to make it look like all the properties standing in the name of ISKCON belong to this Fraud society of Shankhabhrit. Judges appear to have understood it.

4) While doing fraud you always commit mistakes, which exposes the fraud. MPD, also, while creating documents left many trails and made many mistakes, and that is making clear his fraud, i.e., MPD has produced two Possession Certificates from BDA and he has no explanation about it, as BDA can give only one possession certificate. Like that there are so many fabrications and manipulations and many of them were pointed out to the Judges, who seem to have understood them quite well.

5) When MPD's counsel started arguing, saying that MPD is not for money and also Bombay people ( that means all of us) are also not for money. The Senior Judge told him, "they will look at MPD's fraud later first you tell me your case."

6) Yesterday when MPD's lawyer was explaining to the judges how these two Possession Certificates came into existence, the senior Judge made a comment which was really our case. The senior Judge told MPD's Counsel – Whatever may be the story about Possession Certificates, the fact is that MPD is in possession of the Land and Temple. Nobody is disputing this. Question is on whose behalf he is having possession? On behalf of the Bangalore branch of the ISKCON Reg. in Mumbai, or on behalf of the ISKCON Reg. by Shankhbhrit in Bangalore? That's all.

This question really punctured MPD's Counsel, as his whole attempt was to create this facade of ISKCON Reg. in Karnataka as the real party, and make Judges forget the real person about it. His attempt was to take away Judge's mind from MPD to the Plaintiff, but Judge has understood that this is not the real case, as every document they have produced is either signed by MPD or addressed to MPD. He is the only one coming out of all the documents who has been acting. The only question is, on whose behalf he has been acting.

I was extremely happy with this question.

The bench had originally granted only 2 weeks for our case but as it is not finished yet, at our Counsel's request, they have extended it by another week, i.e., till 15th Aug. 2010, but it will most probably extend for 3-4 days beyond it, i.e., 18-19 Aug., as MPD's Counsel will try to drag it as long as he can as one of the judges is to go to circuit bench next week, and thus forcing us to cut short our reply. We have right to reply.

Hare Krsna.
Your servant,
Dayaram dasa

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Update: The case could not be finished in time because as predicted, MPD's lawyer dragged out the time as much as possible and the junior judge was sent to some other city for 5 weeks, as he is a circuit judge. This means the case will not be heard again till sometime in the first 10 days of September. That is a lot of time. As one astute person put it, "If I were MPD, I would try to get to that judge as soon as possible and induce him to be more "friendly", because it is obvious that the facts are not in MPD's favor." In India all the facts in the world are not enough to win a case because as predicted in the Bhagavatam, you get the best justice that money can buy.

Not sure when the Amyavilasa Svami case will be heard, but it may also be about the same time in September.

We shall keep you updated when we find out.

-- Your local BLR correspondent