Five Sisters file Contempt Petition Against Ashram Trustees

After issuing a show cause notice dated 24.01.2005, which contained no charges leveled against us, and enclosing an incomplete report of A.V. Nagarajan, the trustees proceeded to expel us by pasting expulsion notices. We were constrained to file O.S. No.409/2005 before the Principal district Munsif at Pondicherry. (See posting on 07.02.2005)

The trustees pressured Mr. N. Krishnasamy, the Hon’ble Judge of PDM, to reject our case. But heartfelt thanks to another upright judicial officer who granted us exparte interim injunction on 28.04.2005 in I.A. No.1500/2005 in O.S. No.409/2005, restraining the trustees and their henchmen from taking any action against us based on A.V. Nagarajan’s report, and noting that the balance of convenience was in our favor. Subsequently both sides (trustees and us) were given full opportunity to present their side of the case and the injunction was made final on 10.06.2005 after a thorough enquiry.

However the trustees disobeyed the order of the Hon’ble Judge Mr. Krishnasamy. On 01.07.2005 all the five sisters were denied ‘Prosperity’ items, which is given to every inmate to meet their daily and monthly needs since the inmates do not receive any money. We filed Contempt Petition No. 3782/2005 against trustees since they disobeyed the court order. This contempt petition is still pending disposal at Pondicherry.

IGP Meena Plays Foul

On 07.05.2005 Arunashri received a notice from NHRC directing her to present herself for the enquiry being conducted by IGP, Pondicherry, at NHRC’s behest for the complaint given by her to NHRC on 05.04.2005. Immediately she rushed to IGP’s office in the afternoon and they were informed that IGP Meena was out of station.

On 09.05.2005 Jayashree and Arunashri went to meet SSP (C&I) Mrs. Chhaya Sharma (close associate of trustees). After listening to them she informed them that report had already been sent by IGP and there was no question of enquiry now. We informed NHRC about this foul-play and awaited further directions.

Birth of A.V. Nagarajan’s Impugned Report

For the sexual harassment faced by us we had already approached the Pondicherry Police and the National Commission for Women, New Delhi. Both these statutory institutions were already investigating the matter. But when on 19.09.2004 the police came to arrest Girish Panda in the afternoon, the trustees woke up to the fact that they had better cover their backs.

In the evening at about 5.00 p.m. when I went to Ambabhikshu House the Managing Trustee had pasted a back dated notice of enquiry dated 11.09.2004 informing all and sundry about the enquiry proposed to be conducted by the trustees through Mr. A.V. Nagarajan, which consisted of three phases which in fact amounted to

1. Sexual harassment as alleged by us against the named inmates
2. Some complaints against us by other named inmates
3. Anyone who had a complaint

On 19.09.2004 we wrote a letter to Manoj Das Gupta, Managing Trustee of Ashram, to stop this enquiry since Pondicherry police and NCW were already investigating the case. But he did not desist. The notice was placed on a makeshift notice board at the entrance of Ambabhikshu and in a way whereby passersby on the road could see it clearly.

Thereafter on 28.10.2004 we received summons from A.V. Nagarajan for the first phase of the enquiry - Sexual harassment as alleged by us against a few named inmates. We immediately informed him that he should not conduct an enquiry because NCW and police were looking into the matter. He also paid no heed to us and proceeded as planned. We did not participate because more competent authorized were apprised of our case.

We saw that a chained mental box appeared on a pillar beside the makeshift notice board and a notice was put up relating to the third phase of the enquiry - anyone who had a complaint. Thereafter for over a month A.V. Nagarajan collected complaints. This was an exercise to fabricate complaints against us. Inmates, residents of Ambabhiskhu House as well as non-residents, were pressurized by the trustees, Matriprasad and other henchmen, to give false complaints against us.

Subsequently A.V. Nagarajan issued us notice for the second and third phases of enquiry - some complaints against us by other named inmates & anyone who had a complaint. His notice did not contain the charges that we were supposed to refute and because we could not participate in an enquiry blindfolded, we abstained.

Today we have received a show cause notice dated 24.01.2005 from the trustees enclosing a copy of A.V. Nagarajan’s report dated 10.01.2005. This show-cause notice contains no charges framed against us. Brief perusal of the report also indicates no specific charges leveled against us. In fact the report contains and only gives synopsis of statements, hearsay and assumptions. Pending court proceedings, Nirmal Swain had appeared and participated in the enquiry. He also produced sub-judice documents which are totally irrelevant to the enquiry being conducted. As a lawyer he knows fully well his illegal act. His license to practice should be revoked.

We also found that an incomplete report had been furnished to us since we are not given the statements and documents which form part of the report. Trustees are again resorting to mischief and acting in their usual highhanded manner and suppress our complaints of sexual harassment completely in order to protect their henchmen.

Enquiry Not Conducted by SWC, Pondicherry

We are thoroughly disillusioned. Yesterday, without conducting any enquiry, Mrs. Advani and Mrs. Kamalini have given out statements to the effect that a report has been given by SCW to NCW finding our complaints of sexual harassment to be false. But they have also given a most revealing direction through the newspapers that men and women in the Ashram should be segregated!

This is what has actually happened since Mrs. Poornima Advani has ordered investigation for our complaint to SWC, Pondicherry.

Due to threats of rape and more sexual harassment, we had given a complaint dated 11.10.2004 to police asking for help and protection. Thereafter on 13.10.2004 police came to Ambabhikshu House, (See posting dated 14.10.2004) and police took evidence of our sexual harassment and three pornographic chits.

Thereafter we gave a written representation to SWC about our sexual harassment, reiterating the contents of our complaint dated 06.08.2004, after having added subsequent harassment. On 20.12.2004 we were orally called, for the first and only time, by Mrs. Kamalini at SWC Office. She alone was present when we made our representations, not one office staff was present when we had been called. None of the other members of the commission were aware that we were being enquired into. Mrs. Kamalini told us that she would treat our complaint as our deposition and would call us as and when the enquiry proceedings required our presence.

We had seen jeep-loads of women being ferried by Prafulla Patel, Purushottam Iyengar, Kannan, Nirmal Swain and others. We have subsequently come to know that they were all being taken to the Office of SWC. But we have never been called again for the enquiry proceedings till date and yesterday we saw this news item in 'The Hindu'.

We came to know through the news-item that some questionnaire had been circulated by SWC to inmates. However we were never furnished a copy of it. Therefore it would be pertinent to ponder what was the role played by these jeep-loads of women when we had made our complaint against few inmates only!

The suggestion of segregating men and women clearly indicates that there is a big problem and yet how the chairpersons, without conducting a proper enquiry, have come to the conclusion that our cases are false is anybody’s guess.

Accused Trustees Acquitted – Transparent Foul Play

For about three years trial in criminal case has gone on and it is now posted for orders. However, days before orders could be passed Mr. Swarnam Natarajan, Magistrate of JM I, Pondicherry, has visited the Ashram with Matripasad and others. In fact he has just got married and Matriprasad and some trustees attended the reception so we were told by some invitees. So we know that Mr. S. Natarajan has been compromised. On 17.11.2004 letters written by ashramites Nirmal Swain, Saumya Bableswar and one local called Krishnan were published by  ‘The Hindu’ to the effect that no criminal cases are pending against the trustees of Ashram. We are absolutely sure of the outcome of the criminal case.

On 18.11.2004 two criminal cases are posted for hearing. My criminal gets adjourned to 23.11.2004. In Mr. PP Raghavachary’s (who was intially trustees’ lawyer) criminal case filed against the trustees for housebreaking, illegal trespass etc, accused trustees are supposed to appear and so the court premises is packed with media and reporters, in spite of the wrong information given by ‘The Hindu’.

Then on 23.11.2004 Jayashree and myself were present in the court in the morning. Mr. Swarnam Natarajan makes a huge show of rendering justice. He told the accused trustees to settle the matter out of court with me and report settlement by the same afternoon otherwise he will punish them. Case gets posted to the afternoon. In the afternoon Mr. Cyril Vincent, our lawyer, Jayashree and myself were present. When my case was called Mr. Swarnam Natarajan pretended as if no directions were given in the morning and simply acquitted all the accused in my case.

A complete volte-face. Why? Rumor has it he received his second dowry from the trustees, reaching comfortably into 7 zeroes.

Police comes to Ambabhikshu House to collect Evidence of Sexual Harassment

In spite of the FIR registered by the police and the arrest of Girish Panda, who had been let out on bail on the surety given by a trustee as reported in the newspaper, our sexual harassment continued.

On 13.10.2014 at about 5.00 p.m. Rajyashri, Nivedita and myself received fresh pornographic cartoons and there was urine everywhere around our rooms. We called the police because they wanted to collect the evidence by themselves and they also took statement from witnesses. Matriprasad, Prabhakar Rupanagunta @ Batti, Purushottam Kothari, Prabhu Dayal Jena and others, were not only stopping the resident-inmates of Ambabhiskshu House from entering but also requesting inmates to leave the premises so that the police could not question them. Only their chosen inmates like Vishwanathan and Ushma, an unmarried couple, came forward to misdirect the police and interfere with their investigation. Anyway the police collected all the evidence, took videos, photos and statements of those present and left.

The police also had a summon for Arunashri in the case filed for the FIR No.213/2004 which was for asking her to present the pornographic chits received by her to the police. But they told her not to come since they had already collected enough evidence and fresh pornographic chits. The originals of 5 pornographic chits received by us are still available with us and 3 are with the police.

Mrs. Poornima Advani Asks SWC to Investigate Five Sisters’ Complaint

We sent our complaint to NCW, New Delhi, through RPAD, because there was no State Commission either of NCW or of NHRC at Pondicherry.

Mrs. Poornima Advani, Chairperson of NCW, New Delhi, has come to Pondicherry in the first week of October to form the State Women’s Commission at Pondicherry (SWC). Our lawyers, Mrs. V. Usha and Mr. Cyril Vincent, managed to get an appointment with her on 05.10.2004. We five sisters met Mrs. Poornima Advani at Hotel Annamalai International at about 2.30 pm. Our lawyers presented our case and Mrs. Advani was shocked at the situation prevailing in the Ashram (also check link http://ncw.nic.in/pdfReports/Gender_Profile_Pondicherry.pdf) and she said that our condition was worse than bonded laborers.

The same evening State Women Commission at Pondicherry (SWC), was inaugurated and Mrs. S. Kamalini was appointed as its first Chairperson. Our complaint dated 06.08.2004 sent by RPAD to NCW was handed over to SWC and investigation has been ordered.

We really hope to get justice and pray that now the sexual harassment faced by us will stop.

Police Dictates Complaint for Registering FIR

On 04.08.2004 Arunashri wrote a letter to Managing Trustee informing him about the molestation and their failure to protect her. She then sent a complaint on 05.08.2004 to the Pondicherry Police through RPAD. This complaint has been totally denied by the police but we have A/D Card to prove that the police did receive this complaint but failed to act. All of us were being continually harassed and even our various possessions like cycle, footwear and door locks were being broken, damaged and tampered with on a day-to-day basis. We were totally traumatized yet the SP North of Pondicherry one Firoz Zia Hussain, failed to act in spite of repeated oral complaints and visits to the police station requesting for relief.

It is an open secret that the trustees pay hafta to the Pondicherry Police and many of them regularly visit the Trust Office for personal gains.

On 16.09.2004 Arunashri’s room had been tied with wire and rope. She went with Jayashree to the police station and did not budge till they had taken down her complaint and registered an FIR. They were made to wait in the police station till 9.00 p.m. by SHO Varadarajan. Her complaint on which FIR No.213/2004 was registered on 17.09.2004 had been dictated by the police to suit their convenience and unfortunately it did not contain all the grievances of Arunashri.

On 19.09.2004 police came to arrest Girish Panda. He took time to appear before the police and in the afternoon he went with Nirmal Swain to the police station.

Arunashri Prasad Attempted to be Molested

From May 2004 Jayashree Prasad and Arunashri Prasad started facing sexual harassment. The harassment was masterminded by Nirmal Chandra Swain, the inmate advocate who got his degree through dubious means so it is rumored. His co-conspirators were Girish Panda, Santosh Nayak, Krishna Chandra, Shankar@Sajjal Mitra etc. It was the same group of men who were responsible for assaulting Jayashree on 09.01.2001.

The sexual harassment by these men began at first by urinating in from of their rooms, many times during the day and also by passing vulgar comments and making vulgar gestures and sending pornographic cartoons. Later other sisters were also made victims. On 13.06.2004 Jayashree and Arunashri complained before the Bar Association at Pondicherry since it involved a lawyer and the President of the Bar Mr. Bhaktavachalam, who was appearing for the trustees in my criminal case, requested the trustees to stop this indignity. However his advice was not followed. Over many weeks repeated requests were made but to no avail.

On 26.07.2004 we five sisters met the trustees during their Trust Board meeting and they denied having received any complaint from us. In fact Dilip Datta (Trustee) and Manoj Das (Managing Trustee) Gupta suggested that it was the work of an artist on seeing the pornographic cartoons and he also commented that these men were saints and were leading a pious life. He was trying to hint at two things – (1) Arunashri is an artist and that she was the one doing these drawings and (2) that we sisters were not leading pious lives because we were protesting against their mal-administration and had many cases filed and pending against the trustees including criminal case for defamation.

Then on 03.08.2004 Chandramani Patel, who is Arunashri’s neighbor, tried to molest her. She somehow escaped and ran to Jayashree’s room and spent the night trembling with fright.

Trustees Prejudiced Stand

After facing about 2 months of harassment, after giving written complaints to Mr. Bhaktavachalam and Mr. Uday Bhaskar (trustees’ lawyers and office bearers of Bar Association, Pondicherry) and approaching the Ashram trustees through them, today we were finally constrained to personally take our complaints to the trustees during their Trust Board meeting and voice our grievance.

All the five trustees of Ashram viz. Manoj Das Gutpa, Dilip Datta, Albert Patel @ Avinash, Prabhakar Rupanagunta @ Batti and Veda Prakash Johar, the advisory members viz. Chirta Sen, Vishweshwar Dundur, along with Matriparasad, Purushottam Iyengar, were present during our meeting with the Trust Board of Ashram.

At first the trustees did not want to hear us out because of the various already pending litigations between us. They even asked us to move the court of law instead of approaching them. They did not wish to see the pornographic chits received by us.  The only person who seemed inclined to listen to us was Veda Prakash Johar. Perhaps he realized what a mistake he had made by not coming forward to help Jayashree when she was assaulted.

The only woman there, Chitra Sen, exclaimed that if she saw these chits it would affect her modesty, therefore she desisted. Being a 70+ old lady when she felt threatened by merely looking at the chits, imagine our condition, and we replied her to this effect.

Manoj Das Gupta, Dilip Datta and Matriprasad observed that it was a work of an artist. (you can judge for yourself, chits are attached). This remark was aimed at Arunashri who is an artist and who was the first one to receive these pornographic cartoons. Arunashri told them unequivocally that if it was the work of an artist then all present should frame these works of art and put them in their drawing room in appreciation. Since the trustees found these drawings to be so beautiful we even suggested that these pornographic chits should be framed and put in prominent places of the Ashram for public viewing.

Manoj Das Gupta and Dilip Datta even commented that these men were sadhaks and could not do such things. Are we to take it to mean that we are not sadhaks? In fact, if my memory serves me right, Manoj Das Gupta is a known womanizer who maintains and entertains a harem full of women, his queen being Manjushri Chatterjee who attempted suicide when he tried to leave her. He cannot see a beautiful woman and talk to her without touching her. His well-known spicy exploits are legendary. When he is the one setting the trend for the male-inmates of Ashram, should one really not laugh at his blatant partiality towards his henchmen?

In fact as 22.07.2004 when Nivedita received the first pornographic chit carrying the initials G+N where Girish expressed his desire for her, she went to meet Manoj Das at about10.30 pm. (Padmashri Awardee inmate, ex-trustee of Ashram Trust, present Trustee of Ashram Udyog Trust, known Indian writer). He outright told her that she should not expect either the trustees or him to help her since she has filed cases against the trustees.