The divisional bench of Honorable High Court of Karnataka consisting
of Hon Justice Nagamohan Dasa and Hon Justice Boppana gave their verdict
on an application filed by Sri Madhu Pandit Dasa and others seeking to
expunge the certain adverse remarks in the High Court. The divisional
bench dismissed the applications. It may be recalled the Hon Justice
Nagamohan Dasa was part of a divisional bench which had earlier ruled
against ISKCON Bangalore, while hearing an appeal filed by ISKCON
Mumbai.
It may also be recalled that ISKCON Bangalore (Regd no S49/ 78-79) had
filed a suit during 2001 in the city civil court seeking a permanent
injunction against ISKCON Mumbai (Regd 1971) to not interfere in its
affairs. In 2002 Honorable High court had given an interim order in
favour of ISKCON Bangalore during the pendency of the suit, which was
confirmed by the Supreme Court in 2004 with some conditions. Later on
April 17th 2009, the trial court had given its final verdict that ISKCON
Bangalore is indeed an independent society and that temple on Hare
Krishna hill, Rajajinagar belongs to it, and ISKCON Mumbai should not
interfere with the affairs of ISKCON Bangalore. ISKCON Mumbai had gone
on appeal against the trial court verdict. On May 23rd 2011 High Court
ruled in favour of Mumbai. ISKCON Bangalore (Regd No S 49/78-79) has
filed a special leave petition in the Supreme Court challenging the
Honorable High Court’s verdict, which is pending before the Honorable
Supreme Court. The Supreme Court has given an interim status quo order
stating that the Bangalore Society should continue to manage the day to
day affairs of the temple.
In the meanwhile Sri Madhupandit Dasa, the President of ISKCON
Bangalore sought that some adverse personal remarks made against him in
the High Court verdict be expunged. Sri Madhu Pandit Dasa, President of
ISKCON Bangalore and others, in their application to the Honorable High
Court had sought that adverse remarks made in Paragraphs No. 67, 69, 70,
71 and part of paragraph No. 29 Lines 18 to 24, paragraph 32 Lines 5,
6, 7 and Para 48 Lines 37 & 38 of the Judgment passed by the Hon’ble
Court in RFA No. 421/2009 dated 23.5.2011 be expunged.
Sri Hari Shankar counsel for Madhu Pandit Dasa argued that the
Honorable court could not have made adverse remarks against Madhu Pandit
Dasa and others who were not parties to the proceedings either in the
Trial Court or High court. Counsel had also argued that it is against
the principles of natural justice to make adverse remarks without first
hearing the person(s) against whom such remarks are passed. He argued
that the cardinal principle of justice was that “No man should be dammed
behind his back without giving an opportunity of being heard.”
After hearing arguments from ISKCON Mumbai and Hari Shankar, the
divisional bench dismissed the application. Madhu Pandit Dasa and others
have decided file a special leave petition in the Supreme Court against
today’s dismissal order.
