Saturday, September 1, 2012

expunging of remarks case: Madhu Pandit dasa Appeals to Supreme Court

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.

News 9 reports the expunging of remarks of the case

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