High Court Declares ISKCON Bangalore Legally Independent
In a landmark judgement that will have far reaching consequences for many other ISKCON Temples, especially in India, the Bangalore High Court declared that ISKCON Bangalore and its associated properties were a legally distinct entity. In a 60-page judgement the Judge ruled that ISKCON Bangalore had a right to use the ISKCON name and operate as a separate legal entity free from influence from any other ISKCON bodies. Of course, this
“I wish that each and every Branch shall keep their independent identity and cooperate keeping the Acarya in the centre.”
(Srila Prabhupada Letter to Kirtanananda, 11 February, 1967)
“The zonal secretary’s duty is to see that the spiritual principles are being upheld very nicely in all the Temples of his zone. Otherwise each Temple shall be independent and self-supporting.”
(Srila Prabhupada Letter to All Temple Presidents, 22 April, 1972)
“Do not centralize anything. Each temple must remain independent and self-sufficient. That was my plan from the very beginning, why you are thinking otherwise? Once before you wanted to do something centralizing with your GBC meeting, and if I did not interfere the whole thing would have been killed. […] Otherwise, management, everything, should be done locally by local men. Accounts must be kept, things must be in order and lawfully done, but that should be each temple’s concern, not yours. […] No. Never mind there may be botheration to register each centre, take tax certificate each, become separate corporations in each state. That will train men how to do these things, and they shall develop reliability and responsibility, that is the point.”
(Srila Prabhupada Letter to Karandhara, 22 December, 1972)
The last quote is particularly significant in that this was the exact situation with Bangalore – they had registered the centre separately as early as 1978, and became a separate society in the state of Karnataka. As well as following Srila Prabhupada’s instructions, there was another practical reason for doing this – the state government would not grant land for building a temple unless the institution was registered locally.
However, as soon ISKCON Bangalore joined the IRM the GBC and its agent the Indian Bureau (which controls ISKCON Mumbai) attempted to expel the ISKCON Bangalore President Madhu Pandit das, and grab the assets of the temple. However, this judgement has sent these nefarious plans crashing to the ground. The judgement ruled that neither the Indian Bureau, ISKCON Gurus nor any other associated body or agents could interfere in the affairs of ISKCON Bangalore, while at the same time recognising ISKCON Bangalore’s right to claim itself as a bona fide part of ISKCON.
Below we reproduce relevant extracts from the judgement, as well as the press coverage the judgement generated.
“On Consideration of the materials on record, I have come to the conclusion that the plaintiff [ISKCON Bangalore] which is a separate legal entity has produced materials which prima facie show that it has been in existence as a legal entity since more than 20 years and it has got right to maintain and adminster its properties. […] The Plaintiff being a legal entity under the Karnataka Societies Registration Act has got its own bye-laws and it has got a Managing Committee to administer its properties and the defendants could not show that under the Karnataka Societies Registration Act, any action has been taken against the plainitff or its members by the Registrar for any illegal activity etc.”
[Judgement of the Honourable Justice M. Farooq, 20/4/2002]
Having thus confirmed the separate legal nature of ISKCON Bangalore, the Judge was therefore obliged to prevent the bogus Gurus and their agents from trying to interfere with the affairs of ISKCON Bangalore:
“In the result, I allow this appeal and set aside the impugned order. There shall be an order of temporary injunction as prayed for by the plaintiff. The Respondent – defendants 1 to 9 and their agents or anyone acting under them are hereby restrained from interfering with the plaintiff’s peaceful possession and enjoyment of the suit properties by the plaintiff.”
[Judgement of the Honourable Justice M. Farooq, 20/4/2002]
(The defendants 1 to 9 include the ISKCON Bureau of India, Gopal Krishna Goswami and Jayapataka Swami amongst others.)
The New Indian Express
Saturday, April 20, 2002
High Court grants injunction against ISKCON-Mumbai
by our legal coresspondent
Bangalore, April 19: The High Court of Karnataka, on Friday, ruled that the Bangalore unit of the International society For Krishna Consciousness (ISKCON) is a separate and independent legal entity. Juistice A M Farooq, while allowing an appeal by the Bangalore unit, granted an injunction against the Mumbai unit of the ISKCON.
Friday’s injunction orders prevent the Mumbai unit from interfering in the administration or enjoyment of properties or taking possession of moveable or immovable properties that belong to the Bangalore unit of the ISKCON.
The judge ruled that the Bangalore unit, headed by Madhu Pandit Dasa, had a right to maintain and administer its properties.
ISKCON, Bangalore had submitted that since it’s inception in 1978, it had built a temple and had a corpus of Rs 39 crore as of date.
Justice Farooq, in his ruling on Friday, set aside the trail court’s order vacating maintenance of status quo with respect to the Bangalore unit’s properties.
ISKCON-Bangalore had moved the High Court after the XXVII Additional City Civil Judge, A P Murari dismissed an interim application filed by ISKCON-Bangalore, seeking an injunction against ISKCON-Mumbai in interfering in its day-to-day activities and administration.
The interim application, which was dismissed on Feb 6, also sought a Court order to allow ISKCON-Bangalore to enjoy its properties in Bangalore and Mysore without interference from the Mumbai unit.
The City Civil Judge had also discharged an ex-parte order passed on October 16, 2001 asking the parties to the suit to maintain status quo in the matter.
ISKCON-Bangalore had taken ISKCON Mumbai, Bhima Dasa, Gopalakrishna Goswami (of ISKCON Mumbai), Jayapataka Swami, Vinay Kairo, Ashok Kumar Gupta, B Kiran, Sudhir Chaitanya Dasa (of ISKCON Bangalore), Sarva Aishwarya Dasa (of ISKCON Coimbatore), Registrar of Societies and the City Police Commissioner to court. Costs of Rs 3,000 had been imposed by the City Civil Court on ISKCON Bangalore during the course of its earlier order.
The Asian Age
April 20, 2002
Bangalore, April 19:
The Karnataka high court has allowed an appeal by ISKCON Bangalore and has restrained the Mumbai unit of ISKCON from interfering with the Bangalore unit’s properties.
ISKCON Bangalore submitted that it built up a little corpus out of donations in 1978 and it had grown to the level of around Rs 39 crore. It further submitted that it had built a temple in the city and was managing properties both movable and immovable.
It submitted that ISKCON Mumbai tried to interfere and take possession of its movable and immovable properties forcibly following which ISKCON Bangalore filed a case for an injunction against the Mumbai unit. The trial court refused to grant temporary injunction and had discharged the earlier order passed by it for maintaining status quo by its order of February 6, 2002.
Justice A.M. Farooq after hearing the counsel for the parties, observed that the Bangalore unit was a separate legal entity. Friday’s order of the high court prevents the Mumbai unit from interfering in the management of the Bangalore unit or any of its properties. (agencies)
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Hare Krishna! Distribute Prasad and spread Kirtan and books. Big temples dont build devotees. Books and Satsang does.
Mr. Vinod, i don’t know what’s in your mind, but jaya pataka swami is simply wasting krishna’s money for his selfishness and mundane activities. i will pray for krishna that he gets intelligence and stand for prabhupada.
mayur
9845782897
+968-95370048
mayurdkumar@gmail.com
Hare krshna!
When Krshna will decide as to whose Heart is pure and who among the two or both are fighting for money & power ? Is there any real service for the attainment of Krishna Conciousness in ISKCON or simply a tool for wealth creation. But for whose benefits? I dont know whether Iskcon is running any free speciality hospital exclusively for the poorest of poor. Distribution of books is not enough,you have to read,understand and implement it also.We have enough of preachers in India.Regards
My devotees will never perish.
My devotees here is ISKCON BANGALORE DEVOTEES.
ISKCON BANGALORE DEVOTEES WILL NEVER PERISH UNDER THE SHELTER OF LORD KRISHNA.
simply superb thats what I have to say to Srila Prabhupad and Iskcon banglore
Hats off for krishna
Victory will be with those who follow krishna and spiritual master sincearly. Iskcon mumbai guru and other such bogus gurus should realise that they are not as qualified as Srila prabhupada. They have blessings of neither Krishna nor Srila prabhupada, otherwise they would not have lost the case. The result of this case reveals the truth that “A PURE DEVOTEE OF KRISHNA AND THE ONE WHO SINCEARLY FOLLOWS THE ORDERS OF HIS SPIRUTUAL MASTER ALWAYS WINS”. Haribol
Dear Mallikarjuna,
Thanks to u for revealing that Krishna is on your side…
and all the pure devotees of IRM, who by hook or crook(Krishna knows the truth) want to push that they are the “REAL ONES” even at the cost of blaspheming VAISHNAVAS (remember Chaitanya Mahaprabhu said: Anyone who chants Krishna even once is a Vaishnava).
I don’t know who is correct but certainly know that If I pray sincerely I’ll be shown the path….
mr kuppusami,
if u say the above words on what authority you say like this, for ur example only of the godia mutt, ur 11 hoax hurus has done that, they are electing gurus and fighting for guru post and on top of it each gurus is keeping an area in the world, this is enough i think the explanation i gave. madhu pandit is not fighting for any guru post,whatecer he does he sincerely keeps his grace prabhupada in front, keep that in mind before commenting, he with other people in other countries are the only persons who are still carrying on prabhupada’s mission. anybody who need further clarification can contact me, i have know the temple from years from starting. my contact numbers are +91-9845782897 & +968-95370048 my mail id is mayurdkumar@gmail.com
Hare Krsna,
I am a devotee who visit ISKCON/Bangalore and am life patron.I am put in to difficult while I carry the card signed by Madhu Pandit Prabhu to any other ISKCON Centre as he approached Court to declare as seperate from other centres.If he was honest he should have told this to every devotee to desire by themselves.Who wanted him to fight in Court rather propagate Krsna CONSCIOUS? I am visiting ISKCON Bangalore since from 20.06.1998 and come across from Sanchal Pathy Prabhu,Stoka Krsna Prabhu,Nama Nista Prabhu a few to mention.I know the way congregation members treated before 2002 and of now ie.after Akshaya Patra.You must know that the Janmastami Prasadam is served seperately from the so called Sponsors and not allowed for abhisekam except powerfuls.The same thing during abhisekam on Vaikunta ekadhasi (watch it movie hall).How many devotees who are kind and sincere to teach Krsna Conscious of 1998 are in ISKCON/Bangalore.I am the one proud devotee(still trying)due to the interacton of such selfless devotees.Today you can not see Vice President in Lecture hall.The voice of Krsna became tool to criticise devotees as chore and declare, they fight for truth.Is this surrender to LORD KRSNA,Shame.
Dear Kuppuswami,
It is highly appriciated that you become a life patron in auspicious cause, iskcon bangalore have welcomed so many other iskcon member other than iskcon bangalore patrons, that is the kindness what madhu pandit prabhu and his team of spiritual teachers do, and if someone else did not allow just because madhu pandit prabhu has signed, u can see the difference yourself how fallen the other centers are i need not explain about it and due to his honest efforts he has made guest houses in some parts of the city in india for the benefit of the patrons. And yes why should he fight in the court, why should he take all this pain in this age roaming for courts, he just want’s to safe gaurd the money which prabhupada’s foundation wanted to do for krishna’s money. The other iskcon centers wanted to take over the temple for their own benefits, just analsie yourself, show me one iskcon temple other than which is lead by madhu pandit prabhu who is serving food daily for lakhs of people, i think this is enough for you to discribe about the differences.
See if you are talking about 1998 and after 2002, iskcon is bangalore’s temple(people’s temple) the number of people have increased and they cannot give the same attension what u expect as they have lot of responsibilities to handle, just imagine in your office for example in your office does the chairman and directors come and speak to all the employee’s it is not possible, likewise it’s the same thing everywhere, you have to understand that, they have more responsibility which has to be done. if you are talking about prasadam distributed seperately and not allowed for the abhishekams offcourse it is like that, there of lakhs of people who want to involve in this event, but only a few get a chance and they will defnitely expect for a special treatment as they have paid for that and such iskcon is a huge temple, u have to think about the monthly costs which inccur, who will give that money, temple has to somehow raise, u have to understands all this simple facts which the mangement is strugling for, for true devotees it is all about preaching first not absikham and other activites, being an elderly person to the organisation we should leave chance for the new persons, i am coming to this temple since i was a kid where nothing was there in hill except a small hall for the lord, and there are people who are coming from my time, what if all thinks the same way still u will not get chance as u r only from 1998, so u have to understand this and give ur sinsere efforts and don’t expect anything, someday u will get chance, but u have to wait for it and so krishn’s service causelessly and selflessly. You cannot see the president and the vice president in the lecture halls why is it so, iskcon is such a big organisation and is manged till date without any hassle, why they are working almost 24 hours to run the temple smoothly, how much tensions they have, we don’t have a 10 % of them, many people just sit and talk of them(no Offense), when we are on duty if somebody calls from the house we will scream on them that we will call back when we are free and disconnect and how can u expect the main managers of the temple too, she they have 100 times more jobs then us. And now critisism, 99% of the ashram devotees doesn’t do that and if at they do that i don’t think it is wrong, somebody critise you simply that u r a murderer, will you just say yes no problem if u want to call me a murderer call me i am ready to get boycotted from this city, if u r ready to accept such things then whatever i said is wrong i am very sorry for you. And defnitely it is a shame for us if u have failed to understand this
Thank u
hare krishna
Hare Krsna,
It is obvious that the people preaches of themselves are under maya.Go to court against the principles of total surrender and dependence on Lord Krsna for the sack of impermeanent(movable and immovable)things.As I said in my earlier mail no person can progress without a living spritual master.I wish to ask only one question? On what authoirity you are initiating devotees in the name of Srila Prubupad.Under which authirity you are qualified? Are you a realised devotee or a mere person with therotical knowledge.what is in store to do service to LORD otherwise with modern gadges and money.Please look at Gowdia MUTT.Is there any spiritual master in ISKCON BANGALORE OR PREACHERS.The changes are obvius and the institute is for rich with money and for a commonman it is a place of interest and a show and not for spiritual progress and it is for a cost and not free. I hope Srula Prabupad’s mission is not meant for your bhaviours and jutifications.