THIRD TIME LUCKY !?!

Over the past 5 months and more we have been constantly writing to various high-ranking Govt. Officials of India updating them of our fast deteriorating situation and requesting them to help us and save us from the wayward and unruly trustees of Ashram. Yesterday was the third time that our actions have been personally acknowledged and let us hope that this time round, the third time, we shall get results.

HIS EXCELLENCY, the Hon’ble Home Minister of India Sri Rajnath Singh-ji, having received many SOS-Faxes from us during this past week, called Arunashri last evening who assured her safety for all of us. He had already spoken to her twice before with the same assurance and once again his words of encouragement and concern have further reinforced our bones with steely resolve. We are deeply grateful to him and sincerely thank HIS EXCELLENCY Sri Ranjath Singh-ji.

However even persons like the Hon’ble Home Minister have only a fixed tenure of the position he holds whereas the trustees enjoy lifelong tenure without accountability or any method of selection. Therefore the trustees have become a law unto themselves and listen to no one.

Since yesterday there was no Trust Board meeting we hand-delivered our letter dated 15.12.2014 to Dilip Dutta, Batti and Manoj Das Gupta, without asking for any acknowledgement from them. Dilip Mehtani refused to accept our letter and we could not find Abhipsa Nagda. But we were assured by Manoj Das Gupta that in the Trust Board meeting being held today he would put forward our letter for the trustees’ decision.

I am producing below the text of the undertaking which we have asked the trustees to give us. This time, since our lives are anyway almost forfeited, we shall not budge or compromise in our rightful demand. The fate of the trustees, their many well-wishers and supporters as well as the Ashram community depends on the decisions made by them today before 12.00 p.m. We are waiting and watching with calm indifference – LOSS OF LIFE or LIFE WITH DIGNITY.

VICTOIRE A LA DOUCE MERE – LET THY WILL PREVAIL!

UNDERTAKING GIVEN BY THE TRUSTEES OF

SRI AUROBINDO ASHRAM TRUST, PONDICHERRY

TO ALL WHOMSOEVER IT MAY CONCERN

We, (1) MANOJ DAS GUPTA, (2) DILIP KUMAR DUTTA, (3) DILIP MEHTANI, (4) PRABHAKAR RUPANAGUNTA @ BATTI and (5) ABHIPSA NAGDA, the trustees of Sri Aurobindo Ashram, Pondicherry, are willing and ready to provide and extend immediately all the facilities of Ashram like ‘Prosperity Book’ for 2015 and subsequent years, medical care, food, shelter (as already occupied presently), laundry, P.E.D., cycle repairs, etc. and as extended to every inmate of the Ashram, to the five sisters viz. (1) JAYASHREE PRASAD, (2) ARUNASHRI PRASAD, (3) RAJYASHRI PRASAD, (4) NIVEDITA PRASAD and (5) HEMLATA PRASAD, till the completion of the trial and the final disposal of the cases pending between us.

We do not wish that the Order dated 09.12.2014 passed in Contempt Petition No.395/2014 in S.L.P. No.27620/2012 should be executed. Therefore we request the Pondicherry Police not to act on the directions issued by the Hon’ble Supreme Court of India passed in its Order dated 09.12.2014.

Date:  15.12.2014

Place: Pondicherry

OUR LETTER TO THE TRUSTEES

From:                                                                                                               15.12.2014

(1) JAYASHREE PRASAD                     (2) ARUNASHRI PRASAD

(3) RAJYASHRI PRASAD        (4) NIVEDITA PRASAD          (5) HEMLATA PRASAD

All residing at Ambabhikshu House, No.33, Dr. Ambedkar Street,

Kuruchikuppam, Pondicherry-605001

To

ALL THE TRUSTEES OF SRI AUROBINDO ASHRAM TRUST

Sri Aurobindo Ashram Trust,

“Grace Office”, No.14, Saint Gilles Street,

Pondicherry-605002

Madam/Sirs,

The Supreme Court has passed an Order dated 09.12.2014 without giving us any opportunity to present our case. This order has been passed in an interim petition while the trial in the suit has been already underway for the past 4 years and you all are trying to illegally evict us using the Supreme Court.

All of us have decided to end our lives in view of the Order dated 09.12.2014 rather than face anymore injustices, harassment and victimization, as soon as the police comes to evict us from Ambabhikshu House. We are also going to leave suicide notes naming all of you and many others concerned, all of whom are responsible for constraining us to end our lives. Our suicide notes will cause adverse repercussions on the Ashram community as a whole and most specifically on all the persons named therein.

The solution lies only with all you trustees. Today is the weekly Trust Board meeting. All of you should pass a resolution to stop the execution of the Order dated 09.12.2014 and give an undertaking to the Pondicherry Police to that effect. All of you should also give an undertaking to us stating that you are going to provide to all of us all the facilities as granted in the interim injunction petition in I.A. No.1500/2005 and forthwith issue to each of us ‘Prosperity Book’ for 2015 and restore all our facilities of medical, PED, laundry, etc. and as provided to every inmate of the Ashram, which you have illegally stopped, till the final outcome of the trial and the disposal of the pending cases. We are enclosing herewith the undertaking to be signed and given to us by all of you by 12.00 p.m. today and it is non-negotiable.

This is the last chance for all the trustees to behave with propriety, to maintain the sanctity of the Ashram, to safeguard the welfare of all its inmates and to protect the overall interest of the community.

Enclosure

Non-negotiable Undertaking to be given to us by the Trustees

GRAVE MISCARRIAGE OF JUSTICE BY SUPREME COURT OF INDIA

On 02.12.2014 after appearing with great difficulty before Justice S.J. Mukhopadhaya at Supreme Court, we were constrained to return to Pondicherry. But on 04.12.2014 we sent our counter for the contempt petition filed against us by Registered Post Acknowledgment Due (RPAD) from Delhi itself, addressed to the Registrar of Supreme Court, since Justice Mukhopadhaya refused to accept our counter that day.

Now it is interesting to note that the Registrar sent us notice of appearance on 05.12.2014 which we received in the afternoon of 08.12.2014 informing us that we were supposed to appear on 09.12.2014 at 10.30 a.m. before Supreme Court. How on earth does the Registrar expect us to appear within 12 hours? Is it humanly possible, especially with our meager resources?

What is more interesting to note is that our letter dated 04.12.2014 enclosing our counter in contempt petition, posted from Delhi, did not reach the Registrar before 09.12.2014. Is the postal service for Supreme Court and for the common man different? Definitely not and therefore we can conclude that not only has the Registrar played foul but he along with Justice Gogoi and Justice Nariman have all helped perpetuate injustice.

But even more astounding fact is that this time round Justice Gogoi and Justice Nariman have illegally and unlawfully modified their own order through contempt proceedings to do the dirty work of illegal eviction for the Ashram trustees. Is that legal and permissible? The ‘suit premises’ has been now cited as specific premises viz. Ambabhikshu House wherein we are residing, without taking in account the fact that this is an interim petition not regarding any property dispute.

Moreover it can be seen that we are to be evicted but no provisions have been made either monetarily or otherwise. Is the police going to throw us on the streets and leave us to be raped and murdered by the trustees and their henchmen? Or are we supposed to commit suicide to cater to the whims and fancies of the corrupt judges of the Supreme Court and the Ashram Trustees.

Within a week all answers will be known. Let us wait and watch whether there is still a Power called God who hears and answers the prayers of the common suffering man. In any event Supreme Court has become a monument of injustice which is deteriorating exponentially everyday.

Supreme Court Final Order in Contempt Petition is produced.

ITEM NO.2                                          COURT NO.8                                                                      SECTION XII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 395/2014 In SLP(C) No. 27620/2012

AUROBINDO ASHRAM TRUST                                                            Petitioner(s)

VERSUS

JAYASHREE PRASAD & ORS.                                                              Respondent(s)

(With office report)

Date : 09/12/2014 This petition was called on for hearing today.

CORAM :                HON'BLE MR. JUSTICE RANJAN GOGOI

                                HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s)                       Mr. Sanjay Parikh,Adv.

                                                Ms. Mamta Saxena,Adv.

                                                Mr. A.N. Singh,Adv.

                                                Mr. Ritwik Parikh,adv.

                                                Ms. Anitha Shenoy,Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

The contempt petition is disposed of in terms of the signed order.

 (MADHU BALA)                                                                            (ASHA SONI)

 COURT MASTER                                                                        COURT MASTER

(Signed order is placed on the file)

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

CONTEMPT PETITION (CIVIL) NO. 395 OF 2014

IN

SPECIAL LEAVE PETITION (CIVIL) NO. 27620 OF 2012

AUROBINDO ASHRAM TRUST                                                        ...PETITIONER(S)

VERSUS

JAYASHREE PRASAD & ORS.               ..ALLEGED CONTEMNOR/RESPONDENT(S)

O R D E R

Heard learned counsel for the parties and perused the relevant material.

By Order dated 29th April, 2014 while dismissing the special leave petition filed by the respondents, this Court had granted time until 31^st July, 2014 to the respondents (Petitioners in the SLP) to vacate the premises in question subject to certain conditions including the filing of an undertaking, inter alia, to the effect that the respondents will vacate the premises on or before 31st July, 2014.

...2/

--2-

In terms of the aforesaid order, the five respondents had filed their respective undertakings to vacate the premises situated at Sri Aurobindo Ashram, “ Ambabhikshu House”, No. 33, Dr.Ambedkar Street, Kuruchikuppam, Pondicherry- 605012 on or before 31st July, 2014.

The premises having not been vacated as ordered and undertaken this contempt petition has been filed. As despite service of notice, the respondents had not appeared and had not filed any counter affidavit, bailable warrant of arrest was directed to be issued against each of the respondents and the matter was posted on 2^nd December, 2014. It is stated upon execution of the warrant of arrest directed by this Court, the Respondent Nos. 4 & 5 had appeared on 2nd December, 2014. For reasons that need not detain us the matter was deferred for hearing today i.e. 09.12.2014.

...3/

--3-

Not only the order of this Court dated 29^th April, 2014 is clear and unambiguous, in fact, the respondents have undertaken to vacate the premises in terms of the aforesaid order on or before 31^st July, 2014 and have filed their respective undertakings before this court on 7th May, 2014. Despite the above, as the respondents have not vacated the premises. Violation of this Court's order referred to above, therefore is clear. Accordingly, we direct the respondents to vacate the said premises within seven days from today failing which, we direct the jurisdictional Police Station viz. All Mahila Police Station, Pondicherry, to evict the respondents from the premises viz. Sri Aurobindo Ashram, “ Ambabhikshu House”, No. 33, Dr.Ambedkar Street, Kuruchikuppam, Pondicherry- 605012. Beyond the above, we do not consider it necessary to issue any further orders in the Contempt Petition.

...4/

--4-

The contempt petition is disposed of accordingly.

                                                                                                         …....................J.
                                                                                                    [RANJAN GOGOI]
NEW DELHI                                                                                    …....................J.

9TH DECEMBER, 2014                                                    [ROHINTON FALI NARIMAN]

Supreme Court a National Monument of Injustice

I have been informed that Justice Ranjan Gogoi has passed a detailed order of eviction against we five sisters but he has cunningly and conveniently removed the words "suit premises" to cater to the needs of the trustees and has helped the trustees to illegally evict us. Justice Ranjan Gogoi has even ordered Mahila Police at Pondicherry to help in the eviction proceedings. As soon as the Order passed today is made available I shall post it for everybody's reference.

From the Frying Pan into the Fire into …..?

Yesterday, on 08.12.2014, in the afternoon, we received notice from the Supreme Court through RPAD informing us that we are to appear before it on 09.12.2014 in the contempt proceedings. How on earth does the court expect us to appear at such short notice is anyone’s guess!!

However what is more astounding is the fact that now the case is coming up before Justice Ranjan Gogoi, the judge who was even more hostile to our lawyers at the first instance in the SLP than Justice Mukhopadhaya. How on earth are we going to be given justice? Will it be a case of from the frying pan into the fire? I sincerely hope not because then the next stoppage for us is the crematorium.

Justice S.J. Mukhopadhaya Harasses Us Once Again

On 18.11.2014 we five sisters had been arrested by the Pondicherry Police under the directions given by Justice S.J. Mukhopadhaya and were released on bail on the condition that we appear before him on 02.12.2014. With great difficulty we managed to make basic arrangements and appeared before Justice Mukhopadhaya on 02.12.2014 and this is what transpired.

When our case was called on 02.12.2014 trustees’ lawyer Sanjay Parekh and on the other side Nivedita and myself appeared before Justice S.J. Mukhopadhaya. As soon as we stood before him, Justice S.J. Mukhopadhaya took our file and threw it aside saying that we sisters did not want him to sit on judgment for the contempt petition. He then went on to falsely accuse us that we had some lawyer hailing from Bihar who knew his family and who had written a letter against him on our behalf seeking some kind of a vengeance against him. He then admitted that he had visited Pondicherry Ashram 4 times, including the time as mentioned in the letter, but no one had ever told him anything. However since he was to retire in two months time he did not want any black spot of professional misconduct on his career and so he did not want to take up the matter on professional ethics.

When Justice Mukhopadhaya also stated that the letter accused him that his children were practicing in the Supreme Court, one of the lawyers supported him by saying that he knew of no such persons. Justice Mukhopadhaya then admitted that it was a fact that his children were practicing in the Supreme Court and not many people knew about it.

By his admission Justice S.J. Mukhopadhaya not only proved his already indulged in professional misconduct, by inference he also admitted having favored the trustees throughout the SLP proceedings and the contempt proceedings and exposed their mutually beneficial relationship either through his children or by his own self.

Thereafter Sanjay Parekh, as instructed by Matriprasad and Devdip Ganguly (trustees’ henchmen), complained to Justice S.J. Mukhopadhaya that we had started a website wherein we were accusing many other judges of having visited the Ashram, even the Chief Justice of Supreme Court. I responded by saying that it was true since I had myself seen these judges with my very own eyes enjoying the hospitality of the trustees and being entertained by Matriparasad and other trustees’ sycophants.

I then told Justice Muphopadhaya that a copy of the letter he was referring to had been sent to us also by RPAD and I had filed the same as part of our counter in the contempt petition. The letter had been sent by some citizens of a corruption free society. At this Justice Mukhopadhaya accused me of being a member of corrupt society. I strongly retorted that it was he who was corrupt and a member of corrupt society, illegally helping the trustees in all their wrongdoings for personal gain and glory, and that I was a citizen of a corruption free society and led an upright life.

Sanjay Parekh once again tried to belittle us by uttering nonsense against our character and how we were in the habit of filing false complaints. I vehemently denied his allegations stating that the contents of the blog spoke the truth for themselves and no amount of mudslinging would wash off the trustees’ misdeeds.

However Justice Mukhopadhaya was not inclined to give us an opportunity to be heard. I was really angry and I shouted at him that after issuing bailable arrest warrant, after having us arrested and humiliated, he cannot now deny us an opportunity to be heard and simply wash off his hands from the case on the ground that he fears black spot on his career if he continues to sit on this case. But all my heated submissions fell on deaf ears. He simply refused to listen to us.

I also requested the matter to be posted in a day or two since we were leaving by 04.12.2014 evening and that we could not prolong our stay since we had appeared at the Supreme Court with great difficulty and were facing great hardship. Justice Mukhopadhaya laughingly belittled our submission saying that we were facing no hardship and he knew fully well the life we led in the Ashram was one of comfort and decadence. We were furious and categorically informed him that he knew nothing of the hell we were going through because of the trustees’ highhandedness which they were wielding because of the support of corrupt judges likes him.

I then requested him to receive our counter in the contempt petition but he arrogantly threw away our file and called for the next case to be heard. He compounded the miscarriage of justice by even failing to receive our counter knowing fully well that we would not be able to appear whenever our case was next listed.

As the next item was called the lawyers of the other cases were shooing us away so that they could be heard and in the face of such open hostility shown to us by Justice Mukhopadhaya, insulting him by showing him our back we began to move away. Then fury at the injustice and harassment caused by Justice Mukhopadhaya overtook us and both Nivedita and myself began enumerating loudly the manner by which the trustees and these corrupt judges were victimizing us on false grounds - first that in a sexual harassment case the judges had issued eviction proceedings, second that even when there was no mention on suit premises Justice Mukhopadhaya and Gogoi had issued eviction proceedings. We also showed the pornographic chits received by us and asked all present in the court hall whether justice was being given to us. One of the lawyers reprimanded us by saying that this is not the way to behave to which I retorted that is this the way supreme court renders justice. For five minutes we let off steam in this manner exposing and highlighting the various misdeeds of the trustees who were helped by these corrupt judges and then we left the court hall with dignity.

Supreme Court Misrepresents!!!

I have just received a copy of the Order passed on 02.12.2014 by Justice Mukhopadhaya and it is astounding to note that even though we appeared as party in person, Sanjay Parikh is being shown as our lawyer. Order is produced below.

ITEM NO.9                                     COURT NO.4                                             SECTION XII

S U P R E M E   C O U R T    O F    I N D I A

RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 395/2014 In SLP(C) No. 27620/2012 .

AUROBINDO ASHRAM TRUST                                                               Petitioner(s)

VERSUS

JAYASHREE PRASAD & ORS.                                                                 Respondent(s)

(With office report)

Date : 02/12/2014 This petition was called on for hearing today.

CORAM :        HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA

HON'BLE MR. JUSTICE N.V. RAMANA

For Petitioner(s)              Ms. Anitha Shenoy,Adv. (NP)

   In-person

For Respondent(s)          Mr. Sanjay Parikh, Adv.

UPON hearing the counsel the Court made the following

O R D E R

List this matter before a Bench in which one of us (Hon. Mr. Justice Sudhansu Jyoti Mukhopadhaya) is not a member.

(MEENAKSHI KOHLI)                                                                       (SUMAN JAIN)

 COURT MASTER                                                                               COURT MASTER

Will Supreme Court Illegally Modify Its Court Order?

On 02.12.2014 the contempt petition filed against us is listed before the Supreme Court and we are constrained to appear before the Court on that day. With great difficulty and hardship we have managed to make the very basic arrangements for our travel.

However we have come to know that apparently the trustees are going to submit before the Supreme Court that they have or will arrange alternate accommodation for the five sisters and we should be shifted thereto and get orders to that effect. If the Supreme Court is inclined to grant the trustees' prayer then it will be unlawfully modifying its own order dated 29.04.2014 through a contempt petition and this will be totally against the principles of natural justice and the prescribed law and common sense, especially since at the first instance the Supreme Court had failed to take the submissions made by the trustees in their reply to our SLP with regard to payment of expenses to us.

It may also be noted that the trustees have not made the above claim in their contempt petition filed by them and they cannot now come forward with such a plea after having illegally and forcibly implemented the order dated 29.04.2014 by stopping our food, medical and all other facilities and amenities extended to every inmate of the Ashram.

The trustees will be once again trying to cunningly gain the sympathy of the court using devious means by projecting false goodwill. We sincerely hope that at least this time round the Supreme Court will be wise enough to see through their malice and ill-intentions and will not indulge in further miscarriage of justice.

Three Cheers for Pondicherry Police!!!

Order dated 13.10.2014 passed at Hon’ble Supreme Court by Justice S.J. Mukhopadhaya and Justice Bobde directing the Pondicherry Police to arrest the five sisters has been executed. This bailable arrest warrant had been issued in spite of the Registrar of the Supreme Court as well as the Chief Justice of India and Justice Mukhopadhaya having received letter from us stating that we were unable to appear since we had no means to bear the expenses of travel and lodging and food. This order of bailable arrest was totally insensitive and in gross violation of principles of natural justice. It also clearly indicated the prejudice and inclination of the judges in favor of the Ashram trustees.

On 18.11.2014, between 1.00-2.00 p.m. the Pondicherry Police headed by Mr. Ravikumar, SP (North), came with this whole team to Ambabhikshu House, wherein we sisters are residing, to execute the arrest warrant issued by the Hon’ble Supreme Court in connection to an alleged contempt of court. He was accompanied by women police personnel who arrested us and took us to the ‘All Women Police Station’. There we were shown the order and explained its consequences. After due formalities were completed we were each issued a 'Memo of Arrest' and allowed to leave the police station on the surety of two well-wishers. Thank you both, we are deeply indebted and grateful for the risks you have taken on our behalf to protect us and safeguard our well-being and interests.

We also take this opportunity to sincerely thank Mr. Ravikumar, SP (North), and his whole team of police personnel who treated us with extreme consideration and extended all possible help to facilitate the smooth execution of the procedure. This is the first time we have received such goodwill from the police and we are extremely grateful for the same. We have also assured Mr. Ravikumar that we shall make all possible efforts to present ourselves on 02.12.2014 before the Hon’ble Supreme Court.

Many Thanks to His Excellency, Sri Ravishankar Prasad-ji

Our case is a case in point where judges of Supreme Court of India – Justice S.J. Mukhopadhaya and Justice R. Gogoi – have passed an inexecutable order on 29.04.2014. They have directed us to vacate “suit premises” in a case not pertaining to dispute of property and where no schedule of property has been mentioned. Moreover, to add insult to the injury, Justice S.J. Mukhopadhaya and Justice Bobde have now found us guilty of contempt in the contempt proceedings filed by trustees against us and have even issued arrest warrant against we five sisters for non-compliance. This warrant has as yet to reach the hands of the Pondicherry police for execution.

Assuming that the judges and the trustees of the Ashram feel that the accommodation wherein we are presently residing is the property we sisters ought to vacate, if we moved into any other Ashram property i.e. Ashram Main Building or Nanteuil or Golconde Guest House, etc. does it tantamount to obedience? Obviously not, because the trustees, with the help of these corrupt judges, are trying to throw us out of the Ashram and that includes all the properties belonging either to the Ashram or its various trusts within trusts.

Thankfully for us, we had also marked copies of our letter dated 10.06.2014 and reminder dated 17.07.2014 to the Hon’ble Minister of Law and Justice, Sri Ravishankar Prasad-ji. And to our greatest surprise, close on the heels of the directions issued by the Home Ministry, on 30.10.2014 we have received a letter from the Ministry of Justice which speaks volumes for itself without saying anything. I hope the Supreme Court, headed by and consisting of the three musketeer bench – Justice S.J. Mukhopadhaya, Justice R. Gogoi and Justice Bobde – comes up with suitable answers.

This letter is reproduced hereunder.