Supreme Court rules in favour of Bengaluru chapter of ISKCON in dispute with Mumbai unit

New Delhi: The Supreme Court on Friday ruled in favour of Bengaluru chapter of International Society for Krishna Consciousness (ISKCON) for the management of the centre over there, rejecting the claims of the Mumbai unit.

A bench of Justices Abhay S Oka and Augustine George Masih held that the ISKCON temple in Bengaluru belonged to ISKCON Society Bengaluru registered under Karnataka Societies Act.

The court pointed out none of the documents or letters concerning the allotment of land indicate that Madhu Pandit acted as the President of the Bengaluru branch of ISKCON Mumbai.

"In fact, the words “Bangalore Branch” are not found in any of the material documents. On the contrary, all the documents, from the application for allotment to the grant of exemption under the Urban Land Ceiling Act, indicate that the application for allotment was made on behalf of ISKCON Bangalore and that allotment was made to the said Society," the bench noted.

The court set aside the 2011 judgement of the Karnataka High Court which held that the property belonged to ISKCON Society, Mumbai.

"The High Court's finding that ISKCON Mumbai, through its branch in Bangalore, was the owner of the schedule A property is completely erroneous and deserves to be set aside. It is completely contrary to the documentary evidence," Justice Oka wrote in a 56-page judgment on part of the bench.

The court further said even assuming that ISKCON Bangalore did not possess funds, and even if money came from ISKCON Mumbai, it cannot claim ownership. Only because the existence of the Bengaluru branch of ISKCON Mumbai was proved, one cannot jump to the conclusion that allotment of Schedule ‘A’ property was to ISKCON Mumbai through the Bengaluru branch, the court added.

The court also objected to the High Court's findings, while going into the question whether the allotment was to ISKCON Mumbai in the name of the Bengaluru branch, against various individuals, saying those were not warranted at all.

"We are of the view that as the application for allotment of land was made by ISKCON Bengaluru and as pursuant to the application, the sale deed was executed in favour of ISKCON Bengaluru, the entire discussion by the High Court about so-called manipulations made by Madhu Pandit, Bhakti Lata Devi Dasi, Chanchalapati Dasa, Chamari Devi Dasi was not relevant at all," the bench said.

Even assuming that the rubber stamp of ISKCON Bengaluru was affixed on certain documents subsequently, it is crystal clear that Schedule ‘A’ property was allotted by the BDA to ISKCON Bangalore, and ISKCON Bengaluru is an independent society registered under the Karnataka Societies Registration Act, the bench said.

In 2011, the apex court had allowed the Bengaluru chapter of International Society for Krishna Consciousness (ISKCON) to continue with day-to-day management of the centre and but restrained it from taking any policy decisions including creation of any financial liability.

The court had then directed for status quo in the on-going property dispute between Benagluru and Mumbai units in world famous Hindu religious group established by A C Bhaktivedanta Prabhupada Swami.

The court dissolved a committee headed by former SC judge Justice R V Raveendran, appointed on December 14, 2011, to oversee the management of the temple and its properties by ISKCON Bengaluru.

In a special leave petition, the Bengaluru unit of ISKCON challenged a Karnataka High Court order passed on May 23, 2011 entrusting the ownership of its entire property at Hare Krishna Hills to Mumbai unit.

A division Bench of the High Court while allowing a petition filed by Mumbai unit of the ISKCON said that there was no legal existence of Bengaluru society.

The High Court had taken consideration of the plea that since the administration of ISKCON Bangalore was from Mumbai, the latter cannot control the administration from Mumbai and be allowed to take over.

The court had pointed to alleged “falsification” of accounts by Bengaluru unit’s President Madhu Pandit Das.

The Bengaluru unit of ISKCON was established in 1978 by Mumbai unit which had selected Das as President of the new branch in 1984.

Das had then functioned under directions of Mumbai and was supposed to send annual audit report as per the bylaws of Mumbai ISKCON.

But, the problem arose after the Mumbai-based organisation reportedly found certain differences in the audit report and alleged “change in philosophy” of the ISKCON’s Bengaluru branch.

A civil court had passed a decree in favour of the Bengaluru unit in 2009 which was overturned by the High Court on May 23, 2011.