Wednesday, March 21, 2012

ISKCON Bangalore's Peace Praposal Formula



An Oversight Committee, appointed by the Supreme Court of India, has urged ISKCON-Bangalore and ISKCON-Mumbai to find a peaceful settlement. Responding to this, ISKCON-Bangalore has given a Peace Proposal.
Following are the related document copies



PROCEEDINGS OF THE NINTH MEETING OF THE OVERSIGHT COMMITTEE (APPOINTED BY THE SUPREME COURT IN REGARD TO THE ISKCON TEMPLE AND ITS PROPERTIES AT BANGALORE) HELD ON 29-02-2012


PRESENT:
1.     Hon'ble Mr. Justice R.V. Raveendran (retd.), Chairman
2.     Sri Ananda Tirtha Dasa, Member
3.     Sri Stoka Krishna Dasa, Member

It was noted that the proceedings of the eighth meeting wrongly recorded the date of the next meeting as 28th February, 2012 though it had been agreed that the meeting would be on 29th February, 2012. Accordingly the meeting is being held today, 29th February,2012  and not on 28th February, 2012.

In response to the directions (for production of documents and furnishing of particulars) contained in the proceedings of the meeting dated 21-02-2012, ISKCON-Bangalore has submitted two letters dated 29-02-2012 with certain enclosures. We find therefrom that ISKCON-Bangalore has given replies to the several queries raised.

The Committee discussed various issues relating to the discharge of its functions in overseeing and supervising the management of the temple and its properties by ISKCON-Bangalore. The Committee also took note of the directions and observation of the Honourable Supreme Court made on 06-06-2011 to the following effect:

“However, we express a pious hope that the learned counsel appearing for the respective parties shall find some time and examine the possibility of amicably resolving the issues involved in the present matter. We would also expect that the different sections of this august institution would avoid unnecessary litigation and the office bearers of both the societies shall fully cooperate in this behalf. “

The Chairman enquired whether any steps have been taken in that behalf. It was mentioned by Sri Stoka Krishna Dasa that ISKCON-Bangalore has made two proposals for settlement and there is no response from ISKCON-Mumbai. Sri Ananda Tirtha Dasa stated that ISKCON-Mumbai felt that the proposal was not practical and appeared to be an attempt to merely make a nominal offer without any real intention to settle the matter.

The Chairman felt that ISKCON-Bangalore may give its proposal by breaking it into clear and distinct negotiable issues or points, which could be mutually discussed; and ISKCON-Mumbai may also give its views thereon or counter proposals. It is needless to say that such proposals and counter proposals will be without prejudice to their rights and contentions. The Committee is willing to extend the required assistance to the parties to arrive at an amicable mutually agreed settlement, as hoped by the Honourable Supreme Court of India.

The next meeting is scheduled on Wednesday, 14-03-2012 at 4:00pm.


Justice R.V. Raveendran(retd.)
Chairman

Ananda Tirtha Dasa                                                                 Stoka Krishna Dasa
Member                                                                                          Member




PEACE PROPOSAL BY ISKCON-BANGALORE
PLACED BEFORE THE OVERSIGHT COMMITTEE
DATED MARCH 14TH, 2012


(THIS PEACE PROPOSAL IS OFFERED WITHOUT PREJUDICE TO THE RIGHTS AND CONTENTIONS OF ISKCON-BANGALORE SOCIETY MADE BEFORE VARIOUS COURTS AND IN THE SLP BEFORE THE HONOURABLE SUPREME COURT OF INDIA)


The dispute between ISKCON-Bangalore and ISKCON-Mumbai concerns:
I        Theological issue: Who is the Acharya of ISKCON who will give diksha (initiation) to all the devotees of ISKCON?

ISKCON-Bangalore’s Position: Srila Prabhupada shall remain the Acharya of ISKCON and continue to give diksha and guide all devotees in ISKCON to the abode of Lord Sri Krishna.

ISKCON-Mumbai’s Position:
Since Srila Prabhupada is no more physically present, one should take diksha from one of the present ISKCON gurus.

II       Who owns the Sri Radha Krishna Temple property on Hare Krishna Hill in Bangalore? Is it ISKCON-Bangalore society or ISKCON-Mumbai society?

III     Who shall manage Sri Radha Krishna Temple property on Hare Krishna Hill in Bangalore? Is it ISKCON-Bangalore society or ISKCON-Mumbai society?

The suit schedule property, Sri Radha Krishna Temple on Hare Krishna Hill, Rajajinagar, Bangalore, being a public temple and a immovable property which cannot be sold or mortgaged or encumbered in any manner in the process of managing the same, the real issue is to determine the permanent structure of management of this Sri Radha Krishna Temple property, on Hare Krishna Hill, Rajajinagar, Bangalore, hereinafter referred to as the Temple.

ISKCON-Bangalore wishes to propose the following:
1.    System of initiation (diksha): the irrevocable and only system of initiation practiced and preached in the Temple shall be as per July 9th 1977 directive of Srila Prabhupada. According to this, Srila Prabhupada is the Acharya and all devotees of ISKCON shall be disciples of Srila Prabhupada.

2.    There shall be a two tier system for managing the Temple:

Governing Council: this council will govern the Temple by defining broad policies as per the objectives of ISKCON and directions of temple management as given by Srila Prabhupada. A CHARTER FOR GOVERNENCE will more elaborately describe the scope and powers of the Governing Council.

Executive Council: this council will be responsible for the day-to-day affairs of the Temple. A CHARTER FOR EXECUTIVE MANAGEMENT will more elaborately describe the scope and powers of the Executive Council.

3.    The Governing Council will consist of
a)   three members nominated by ISKCON-Bangalore society
b)  three members nominated by ISKCON-Mumbai society
c)    one retired High court or Supreme court judge nominated by ISKCON-Bangalore society.
d)  one retired High court or Supreme court judge nominated by ISKCON-Mumbai society.

4.    The Executive Council will consist entirely of missionaries who are members of and nominated by ISKCON-Bangalore society consisting of Temple President, assisted by Senior Vice President and several Vice Presidents, as it is now managed.

5.    There shall be a CODE OF CONDUCT which will define how the devotees of both societies should conduct themselves at the Temple keeping in mind the system of initiation as per point no.1 above.

6.    On the broad acceptance of this proposal, a Joint Draft Committee will be formed and charged with the task of drafting the following documents:
i)    CHARTER FOR GOVERNENCE
ii)   CHARTER FOR EXECUTIVE MANAGEMENT
iii)  CODE OF CONDUCT

These three will constitute the TEMPLE CONSITITUTION DOCUMENTS.

7. The Joint Draft Committee will consist of
a. three members nominated by ISKCON-Bangalore society
b. three members nominated by ISKCON Mumbai society
c. the Oversight Committee

8. In future, the TEMPLE CONSTITUTION DOCUMENTS can be amended only by ¾ majority of the Governing Council. Such amendments are possible only in a Council with a quorum of 6 members present and at least one retired HC or SC judge will be one of the 6 members. More details of such special meetings will be part of the charter.

9. After the TEMPLE CONSTITUTION DOCUMENTS are drafted, the PEACE PROPOSAL will be finalized and put in place under the supervision of the Oversight Committee.



PROCEEDINGS OF THE TENTH MEETING OF THE OVERSIGHT COMMITTEE (APPOINTED BY THE SUPREME COURT IN REGARD TO THE ISKCON TEMPLE AND ITS PROPERTIES AT BANGALORE) HELD ON 14-03-2012


PRESENT:

1.     Hon'ble Justice Sri R.V. Raveendran (retd.), Chairman

2.     Sri Ananda Tirtha Dasa, Member

3.     Sri Stoka Krishna Dasa, Member



ISKCON-Bangalore submitted a letter dated 10-03-2012 enclosing a corrected list of trustees in regard to Sankirtan Seva Trust. It is taken on record. The said list gives the names of the Trustees year-wise. The dates on which the changes in Trustees took place is not disclosed.



Instead of year-wise Trustees, the actual date of changes of trustees in regard to Trustees of all the associated trusts should be furnished.



In response to the suggestion by the Committee that the parties should start exploring the possibility of an amicable settlement as hoped by the Hon’ble Supreme Court, ISKCON-Bangalore has placed a Peace Proposal before the Committee under cover of letter dated 14-03-2012. The said proposal has been made without prejudice to its rights and contentions. The Committee has decided to forward the said peace proposal made by ISKCON-Bangalore to ISKCON-Mumbai with the hope that ISKCON-Mumbai will consider the same appropriately.



The next meeting is scheduled on Wednesday, 28-03-2012 at 4:00pm. ISKCON-Mumbai should give their view by then.







Justice R.V. Raveendran(retd.)

Chairman





Ananda Tirtha Dasa                                                                 Stoka Krishna Dasa

Member                                                                                          Member


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