Notice in Contempt Proceedings filed by the Trustees

Today my elder sister Jayashree received notice through RPAD (register post acknowledgment due) with regard to the Contempt Petition filed by the Trustees of Sri Aurobindo Ashram. The posting was done from Villupuram and no sender’s address was mentioned. The notice failed to inform us before which Judge of the Supreme Court the contempt petition came up but it directed us to be present on 13.10.2014 before the Supreme Court of India and that all our correspondences should be addressed to the Registrar of Supreme Court of India.

Justice Sudhanshu Jyoti Mukhopadhaya compromised by Ashram Trustees

Today Mr. Justice Sudhanshu Jyoti Mukhopadhaya visits Ashram Trustees in the evening and enjoys their hospitality. There is no bar from the Judges visiting the Ashram as devotees. But when matters are pending before them are they professionally correct in doing so? Already Justice S.J. Mukhopadhaya has passed malafide orders without following principles of natural justice and blatantly favoring trustees. Order dated 29.04.2014 is produced below.

Trustees request him to compromise Five Prasad sisters case. Let us see what he does next.

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.

Miscarriage of Justice by Corrupt Supreme Court Judges

With great difficulty and with an even heavier heart, in spite of losing all hope we were constrained to prefer S.L.P. No.27620/2012 before the Supreme Court of India. Luckily Justice H.L. Gokhale and Justice Nijjar were hearing our case and they granted us stay.

Thereafter our case was temporarily listed in April 2014 and without getting listed in the final list it was adjourned to 15.07.2014. However on 26.04.2014 suddenly our case was preponed by about 1 ½ months and got listed on 29.04.2014 before a new bench comprising of Justice S.J. Mukhopadhaya and Justice Ranjan Gogoi. Both these judges were totally biased and without giving us any opportunity to present our case they passed perverse and malafide order in interim petition, especially when the trial was underway in the suit for the past four years. These two judges literally threatened our lawyers when they tried to present our case and under two minutes malafide order of eviction was granted on 29.04.2014 by these judges.

Order dated 29.04.2014 is produced hereunder.

Jayashree Traumatized in the Middle of the Night

Judicial enquiry constituted by Madras High Court is underway and we too have given our complaints regarding sexual harassment before the concerned enquiry officer. The neighbors of Jayashree, who had been constantly threatening her to withdraw her complaint, were scared of the enquiry and so they resorted to traumatizing her and making her look like a disbalanced person.

On 25.11.2013 their harassment reached its climax when at about 3.00 a.m. Michael Neville, Prashant and Chandramani Patel came to her room and banged on her door. When she opened to see who were there they threw water on her and in and around her room and balcony. She began to scream in terror listening to which Arunashri came running from her room to see what had befallen Jayashree. On seeing Arunashri these men fled and Jayashree collapsed. Arunashri called all the other sisters for help and together, following the directions given by the Ashram Doctor, Dr. Gayatri Satapathy, we took her to AUM hospital.

Jayashree was taken to ICU for trauma and had to stay in the hospital for more than a week recovering from the devastating experience. She also gave a complaint to the police, who called these men for questioning. Obviously these men denied their presence and pretended ignorance.

In fact Michael Neville, who is one of the in-charges of Ambabhikshu House wherein we are residing, acted senile and infirm before the police. He is nothing of the sort. He merrily drives around town even at night. He is so fit, hale and hearty that he even has a girl-friend who is his daughter's age in spite of having a daughter and a wife.

Justice S. Manikumar - Another Compromised Judge?

Even though the police had assisted the trustees in illegally stopping our food they abstained from assisting us to get back our food at Ashram Dining Room. In fact even our complaints for the assault on 22.07.2010 on us by some inmates were registered only under the Magistrate Court’s directions.

The trustees transparent acts of malice and duplicity came to light when knowing fully well and having received the letter dated 25.07.2010 from the Warden of Jenny Working Women’s Hostel, the trustees sent money orders to Jenny Hostel’s address for all of us, but their correspondences to us were all sent at the Ambabhikshu House address, wherein we were still residing.

We filed I.A.No.2094/2010 for restoring our food and all other facilities. Orders were passed allowing us to eat at Ashram Dining Room on 27.10.2010.

Trustees approached directly Justice K. Venkataraman and filed C.R.P. No.4219/2010 and Contempt No.1483/2010 against we five sisters. In fact in Contempt Petition No.1483/2010 Justice K. Venkataraman even named Mrs. R. Vasanthi (the upright judge of PDM who had passed order for restoring food and all other facilities). Thank god some sense prevailed and he did not pursue his vengeance against this most honorable judge.

However Justice K. Venkatarman went on harassing and intimidating my lawyer at Madras High Court, who with great difficulty managed to transfer both C.R.P. No.4219/2010 and Contempt No.1483/2010 to another bench consisting of Justice S. Manikumar.

Justice S. Manikumar also played foul because he was scared of his senior namely Justice K. Venkatarman and in any event corrupt judges always stick together and watch out each other’s back. Anyhow Justice S. Manikumar heard the arguments on both sides in April 2011. He did not record any contempt on our side but he took offence since we had used the word illegal while speaking of High Court order in our counter in the proceedings. We apologized for this mistake.

Generally High Courts and Supreme Court orders are dictated then and there in the open court, at least the directive part. But Justice Manikumar failed to follow procedure. He posted the matter for orders and after more than a year, past two summer vacations, he passed an even more malafide order dated 03.08.2012, not only upholding Justice K. Venkatarman’s order but modifying it still further and literally ordering eviction on an interim petition revision.

Manoj Das Gupta needs Women Props to Talk to Five Sisters

The trustees had illegally prevented us from having food at the Ashram Dining Room intimidating us with the presence of police. The Warden of Jenny Women’s Hostel had refused to accommodate us and had also informed Manoj Das Gupta about their reluctance to continue with whatever underhand undertaking that had taken place between them. However the trustees not only continued to deny and deprive we five sisters from partaking food from Dining Room, they failed to make any alternative provisions for our sustenance. Therefore we filed I.A.No.2094/2010 for restoring our food and all other facilities. Orders were passed allowing us to eat at Ashram Dining Room on 27.10.2010.

In the evening of 27.10.2010 we five sisters made urgent attempts to meet Manoj Das Gupta. We finally landed up at Manushri Chatterjee’s house, his girl-friend with whom he daily has his dinner. We rang the bell and none other than Manjushri opened the door. After several requests, during which her brother Swadesh came out and tried to shoo us away but we did not leave, Manoj Das Gupta finally came forward to talk us. We informed him that our food and all other amenities and facilities and as provided to every inmate had been restored to us on 27.10.2010 by the order passed in I.A. No.2094/2010 by the Hon’ble Judge of the Principal District Munsif at Pondicherry. At first he simply refused to believe us. Then when we read out the directive portion of order of restoration, he hid behind his façade of seemly obedience and questioned the veracity of the order.

Only when we categorically informed him that we were going to eat our dinner at Ashram Dining Room that he toned down and sarcastically replied, ‘one more day of not eating in Dining Room will not really kill you.’ What a thoroughly reprehensible statement! We answered him that only we knew with what great difficulty we had survived this ordeal without having food but he simply laughed mockingly. He then told us that we could only eat at Dining Room after he had consulted with the other trustees, his co-conspirators, and asked us to meet him the next day at Trust Office, inaptly named ‘Grace Office’ by the trustees since this office has brought total disgrace to the whole of Ashram community.

As instructed we went to Dis-“Grace Office” today at about 11.30 p.m. Once again Manoj Das Gupta met us surrounded and supported by women-inmates. Shilpi Shroff, Jahnavi Ravikanti, Abhipsa Nagda were some of the women we spotted standing behind him when Manoj Das Gupta informed us that we could go and have our lunch at Ashram Dining Room. We wanted in writing his statement but he assured us that there would be no problem and that no one would stop us.

However when we went to the Ashram Dining Room people took our photos, which is not permitted, and passed nasty comments. Thank God, at least nobody denied us food.

Trustees Maliciously Keep Denying Food to Five Sisters

Trustees send a letter at a wrongly mentioned address to Jayashree enclosing a non-certified copy of the malafide order dated 21.06.2010. We inform the trustees that the order is not verifiable and even as we are taking steps to obtain a certified copy, the trustees forcibly implement this order.

On 22.07.2010 we five sisters go for lunch. Using Pondicherry police to intimidate us, Matriprasad, Maya Khandelwal, Jahnavi Ravikanti, Purushottam Kothari and others assault Jayashree and Hemlata and deny us food at Ashram Dining Room. (See posting dated 22.07.2010).

On 23.07.2010 I meet the Warden of Jenny Working Women’s Hostel saying that our food has been stopped at Ashram Dining Room and we have been directed to reside at the hostel by the Madras High Court. Thereafter on 27.07.2010 I write a letter to the Warden asking her about our position vis-à-vis her hostel. In answer I get a letter from her dated 25.07.2010 which she has sent to the trustees stating that their representatives have misrepresented and mislead them and they are in no position to accommodate us.

In spite of receiving letter dated 25.07.2010 from the Warden of Jenny Women Hostel the trustees have failed to provide food to us till date.

Typed-copy of letter dated 25.07.2010 (Warden’s letter to trustees) is produced below.

A Glaring Example of Collusion Between Pondicherry Police and Ashram Trustees

On 21.06.2010, without our knowledge and in our absence Justice K. Venkataraman of Madras High Court passes perverse orders directing we five sisters to accommodate ourselves at Jenny Working Women’s Hostel. Thereafter the trustees send Jayashree an uncertified copy of this order at wrong address. We cannot verify its authenticity and so we take steps to get this order by ourselves from the Madras High Court.

Meanwhile we were secretly informed that trustees are going to stop our food and so on 22.07.2010 at about 12 p.m. together we five sisters go for lunch at Ashram Dining Room. There we see police constables men and women, as well as Matriprasad, Purushottam Kothari, Maya Khandelwal, Jahnavi Ravikanti, among others, waiting for us. The inmates come forward to forcibly stop us and beat Jayashree and me in the process. The police are simply watching the show. We are denied food at the Ashram Dining. We go towards the Lt. Governor’s house to seek a meeting with him. We are chased by the police and land up instead at the Chief Secretariat. By then media persons have arrived and after much ado the Chief Secretary Mr. Chandra Mohan gives us an appointment.

We apprise Mr. Chandra Mohan of how illegally and forcibly the trustees have implemented the order through assault and police intimidation. He calls the SP North one N.T. Sivadasan. Mr. Sivadasan tries to defend himself by spinning a long yarn when in fact he has received money from the trustees for helping them to stop our food. We charged him with this in front of Mr. Chandra Mohan and he did not defend himself. He is given a royal dressing down from Mr. Chandra Mohan, Chief Secretary, but the damage is done and they are both unwilling to undo the damage viz. reversing the denial of food in the Ashram Dining Room.

We have no food to eat. For how long? Anybody's guess.

Justice K. Venkataraman Illegally Modifies his Own Orders - Misuse of Article 227

For a second time trustees filed another clarification petition in M.P. No.2/2008 in C.R.P. 3314/2007 to further clarify the unambiguous High Court Order dated 04.08.2008.

The trustees misrepresented to Justice K. Venkataraman that on enquiry by them they have found that ‘International Guest House’ was unwilling to accommodate the five sisters. They produced the letter received by them from ‘International Guest House’ but failed to produce their own letter which they claimed to have written to the guest house management. This alleged letter has never been made public by them obviously because no such letter exists!

When the trustees had informed us that ‘International Guest House were unwilling to accommodate us, we had asked for rooms at ‘Seaside Guest House’. They were even more furious by this demand and enraged, they proceeded to file their second clarification without even bothering to reply to us.

Justice Venkataraman suo motto appointed Advocate Commissioner, who submitted his report on 23.12.2008 before Justice K. Venkataraman. His report completely exposed the trustees and their devious manipulations and their ill-intentions towards us. Not one accommodation, as cited by the trustees, met the criteria set by Justice K. Venkataraman. All the guest houses chosen by us fit within the stipulated criteria, ‘International Guest House’ being the most suitable and which had even agreed to provide accommodation. (See posting dated 30.12.2008)

Meanwhile we had also written to the Chief Justice of Madras High Court, Justice H.L. Gokhale, and asked him to transfer our case from Justice Venkataraman’s court to anyone else because he was prejudiced in favor of the trustees and because of him another inmate was thrown out on the street and was living on the charity of the church. (What a shame on the trustees that inmates, who have dedicated their entire lives to the Ashram, are forced to live on the charity of the church!) (See posting dated 03.10.2014)

This letter had made Justice K. Venkatarman spitting mad and also because the Advocate Commissioner’s report was so damaging to the trustees, Justice K. Venkataraman became vindictive towards us and repeatedly berated and belittled our lawyer in the open court. His hostility became unbearable and with a heavy heart we asked our lawyer to report ‘no instructions’ and give up vakalat. We were assured that before the case came up for orders, we would be issued with summons either from the court or from the trustees intimating to us the date of appearance. No such thing happened.

More than 1 ½ years after submission of the Advocate Commissioner’s report, Justice K. Venkatarman suddenly brought up the matter, without issuing us summons either through court or through the trustees. Then without taking into account a third party’s objective findings as directed by the court, viz. the Advocate Commissioner’s report, Justice K. Venkatarman proceeded to pass his third impugned order dated 21.06.2010 in M.P. No.2/2008 in C.R.P. No.3314/2007, illegally modifying his own order for a second time. We are directed to accommodate ourselves at ‘Jenny Working Women’s Hostel’.

By repeatedly entertaining the frivolous petitions filed by the trustees, Justice K. Venkataraman not only  lowered the stature of the High Court to that of a Trial Court and misused his discretionary powers of superintendence under Article 227 of the Constitution, but he also illegally modified two times his own order under the guise of clarification resulting in unsought for eviction proceedings.