Saturday, 2 August 2014
Contempt Petition filed by Five Sisters
The Supreme Court Order dated 29.04.2014 states that we sisters are supposed to vacate “suit premises” on or before 31.07.2014.
First of all the suit is not for claiming property but for challenging a malafide report concocted by the trustees based on which the trustees tried to expel us from Sri Aurobindo Ashram, Pondicherry, which has been our home for more than 3 decades. Therefore as the description of the property does not exist there order of the Supreme Court is not executable and is null and void or non-est in the eye of law. We were constrained to give undertaking to vacate the rooms wherein we are presently residing but that was only under threat and duress from these Supreme Court Judges. There is no contempt on our side.
Second point. Ashram Main Building has residential rooms to accommodate inmates. So, if we were to vacate our present rooms provided by the Ashram and as stated in the undertaking by us, would the trustees permit us to live in the rooms at Ashram Main Building? Obviously not because the trustees want to expel us from the Ashram by which they mean all the properties belonging to the Ashram Trust.
The Ashram trustees have only the right to administer and manage the Ashram properties and do not have any power over the inmates as stipulated by the Trust Deed executed by the Mother herself. The present corrupt trustees have usurped that power which they are now wielding unjustly to perpetuate their goonda-raj under the garb of spirituality and to maintain their personal positions of power since there are no bye-laws in the Trust Deed.
Thirdly the order of the Supreme Court does not deny us food and all other amenities as enjoyed and provided to every inmate of Ashram. However the trustees have denied us all of these basic facilities and amenities. Food has been given only after I gave in writing that there is no such direction in the Supreme Court Order.
Therefore we have filed a contempt application against the trustees and their many henchmen and sent it by registered post. Our petition has been received on 05.08.2014 by Justice Sudhanshu Jyoti Mukhopadhaya and Justice Ranjan Gogoi and none of them have taken it up and given us relief.
Our Contempt petition is produced below.
BEFORE THE SUPREME COURT OF INDIA AT NEW DELHI
I.A. No. /2014 in S.L.P. No.27620/2012
Rep. by all its present Trustees
Respondents 2 to 6 herein
2. MANOJ DAS GUPTA
3. Dr. DILIP KUMAR DATTA
4. DILIP MEHTANI
5. PRABHAKAR RUPANAGUNTA @ BATTI
6. ABHIPSA NAGDA
7. MATRIPRASAD SATYAMURTHY
8. NIRMAL CHANDRA SWAIN
9. DEVDIP GANGULY
10. ALBERT PATEL @ AVINASH PATEL
11. Dr. SALILA
12. KOKILA PATTI
13. AJIT NYOGI
14. RAJKUMAR @ JAGANNATH PANDA
15. PURUSHOTTAM KOTHAI
16. MAYA KHANDELWAL
18. VIJAY ERASALA …Respondents/Respondents
AFFIDAVIT OF HEMLATA PRASAD
I, HEMLATA PRASAD, d/o Er. G.Prasad, Hindu, aged about 38 years, residing at No.33, Dr. Ambedkar Street, A.B. House, Block ‘E’, II Floor, Room No.32, Kuruchikuppam, Pondicherry-605001, do hereby solemnly affirm and sincerely state as follows:
1. I am the fifth petitioner in the contempt petition and in the SLP herein. Petitioners 1 to 4 are my elder sisters. I am filing this application for and on behalf of my sisters and for myself. I am acquainted with the facts of the case. We have filed the SLP for getting reliefs therein mentioned. The averments in the SLP and in the Contempt Application No. I.A. No.3782/2005 in I.A. No.1500/2005 in O.S. No.409/2005 and filed as document/Annexure (5) in the SLP may please be read together with this affidavit and treated as part and parcel of the petition.
2. I humbly submit that on 29.04.2014 this Hon’ble Court was pleased to pass a very terse, vague and unjustifiable Order dated 29.04.2014, granting relief which was neither sought by the petitioners herein nor by respondents 1 to 6 herein. The Order dated 29.04.2014 was summarily passed under two minutes without giving the petitioners any opportunity to be heard, without referring to any of the documents submitted by the petitioners, without knowing the facts and circumstances of the case and especially without following principles of natural justice since the Order dated 29.04.2014 is violating the fundamental rights of the petitioners, especially in view of the fact that trial in the suit in O.S. No.409/2005 had been already underway for the past four years. (Document – No.1)
3. I humbly submit that all the respondents herein on and from 01.08.2014 have denied us our food, monthly clothing and other basic daily needs and necessities like hair oil, sanitary napkins, powder, tooth-powder etc. (all of which are covered under the “Prosperity” – Document No.2) laundry, medical facilities and medicines, Physical Education Department (P.E.D.) facilities, all of which we are entitled to as inmates of the Ashram.
4. I also submit that R-7 (who claims to be the Secretary of the first respondent trust herein and claims to represent R-2 to R-6) and R-8 (inmate-lawyer) were present in the Ashram Dining Room and the Egg distribution room when I gave an undertaking which is self-explanatory, as requested and dictated by them. (Document- No. 3 & 4). I also requested R-7 to R-9 and R-18, all of who were representing R-1 to R-6 herein, that they should not stop any of our facilities as mentioned above since the Order dated 29.04.2014 (Document No.1) did not allow them to take law into their own hands.
5. I further submit that R-9 and R-18 were inappropriately taking videos of second petitioner and me at the Ashram Dining Room without first showing me any authorization to the effect that they have been permitted by R-1 to R-6 to do the same on a private property where such action is illegal and prohibited. They cannot take our video without taking prior permission from us, especially on a private property.
6. I also submit that when we gave an undertaking before this Hon’ble Court dated 07.05.2014 we had not been furnished with a copy of the Order dated 29.04.2014 and were therefore ignorant of the specifics of the Order. We were constrained to give such undertaking otherwise this Hon’ble Court would not have granted us time of three months to prepare and defend ourselves.
7. I humbly submit that the Order dated 29.04.2014 clearly states that
“However, on the request of the learned counsel for the petitioners, petitioners are allow to vacate suit premises upto 31st July, 2014 subject to filing of usual”
I wish to point out that the ‘suit premises’ mentioned above is not tenable since the suit in O.S. No.409/2005 has been filed challenging our expulsion based on the impugned report of one Mr. A.V.Nagarajan and declaring the said impugned report as null and void and non-est in the eye of law and for other reliefs. There is no description of a ‘suit premises’ in our suit and therefore the Order dated 29.04.2014 is non-executable and we have not done any contempt of court in view of the Order dated 29.04.2014 passed by this Hon’ble Court.
8. However if this Hon’ble Court feels that the petitioners need to vacate the present accommodation provided by the Ashram Trust, respondents 1 to 6 may be directed to prefer/file eviction proceedings at Pondicherry and wait for the logical outcome of that proceeding regarding the possession of such undefined and unstated ‘suit premises’ before trying to illegally evict the petitioners herein from their own present residence.
9. I humbly submit that R-1 to R-9 have taken law into their own hands because R-10 has denied us “prosperity”; R-11 and R-12 have denied us food, medical facilities and medicines; R-13 has denied us laundry facilities; R-14 to R-17 have denied us P.E.D. facilities, which comprise of all facilities regarding sports activities, meditations, etc. given to every inmate of the Ashram.
10. I am also enclosing herewith the pornographic cartoons/chits received by us from the trustees’ henchmen, the originals of which are still with us, as proof of our sexual harassment and for which suffering and sexual harassment your Lordships have ordered us to be evicted and punished us instead of giving us justice. (Document No.5) We are also enclosing a flow-chart which highlights the harassment faced by us from 2001 at the hands of trustees and their chosen henchmen, which is contrary to the spirit of Ashram and the lofty ideals and teaching of Sri Aurobindo and the Mother. (Document No.6)
11. I further submit that all the respondents herein have denied and deprived us of our food, medical, basic daily needs, necessities, amenities and facilities, with a malafide motive and because of which we are undergoing great distress, hardship, torture, suffering, social ostracisation and respondents-sided adverse media publicity. We are put to irreparable loss, hardship and damage because of the deprivations caused by the actions of all the respondents.
12. Hence I pray this Hon’ble Court to punish all the respondents herein by
a) directing R-1 to R-6 to restore all our facilities which are provided to every inmate of the Ashram, till the disposal of the case in O.S. No.409/2005 filed in Pondicherry and undergoing trial for the past 4 years.
b) directing all the respondents R-1 to R-18 to pay Rs.1 Crore each to each of us for the mental torture, physical harassment and suffering endured by us.
c) and pass such further orders as this Hon’ble Court may deem fit and proper and render justice.
Solemnly affirmed and signed on 2ND Day of August 2014 at Pondicherry
(HEMLATA PRASAD - PARTY IN PERSON)
LIST OF DOCUMENTS
Sl. No. Date Description
01. 29.04.2014 Xerox Copy of Order passed in above S.L.P.
02. ------------- Xerox copy of “Prosperity Book”
03. 01.08.2014 Printout of undertaking given at Egg room
04. 01.08.2014 Printout of undertaking given at Dining Room
05. ------------- Xerox Copy of the pornographic chits (Nos.5)
06. ------------- Flow chart from 2001 till date
DATED AT PONDICHERRY ON THIS THE 2ND DAY OF AUGUST 2014
(HEMLATA PRASAD - PARTY IN PERSON)