Golconde Guest House as Alternate Accommodation

Meanwhile the trustees preferred an appeal in C.M.A. No. 35/2005 against the interim order dated 10.06.2005 at Appellate Authority Pondicherry. Trustees’ Appeal was dismissed on 30.01.2007 and the Trial Court Order dated 10.06.2005 was upheld since the balance of convenience was in our favor.

The trustees then preferred a revision at the Madras High Court in C.R.P. No.3314/2007 challenging the dismissal of their appeal on 30.01.2007. Justice K. Venkataraman was the presiding judge who openly sided with the trustees. In fact he repeatedly told our lawyer that the girls should be taught a lesson of how life is lived outside the Ashram!

Trial Court order dated 10.06.2005 and Appellate Court order dated 30.01.2007 did not suffer from any legal infirmity and were based on principles of natural justice as well as balance of convenience.In spite of no question of law being raised by the trustees, much less a legal infirmity, Justice K. Venkataraman, under the guise of showing concern for us by stating that when trial commences the girls will be further harassed and in order to safeguard the girls’ interests it would be better if they changed residence, passed order on 29.01.2008 directing us to reside in some other accommodation other than in Ambabhikshu House.

This was not the relief sought for by the trustees in their C.R.P. No.3314/2007 and definitely not by us. But since we were helpless we complied with Justice K. Venkataraman’s malafide order dated 29.01.2008. 

‘Golconde Guest House’ is a guest house maintained by the Ashram for visitors and some inmates.We requested to be accommodated at ‘Golconde Guest House’ till the trial was over. As far as food was concerned the question did not arise and Ashram Dining Room could continue as before. We also asked for a reasonable sum of Rs.100/- per day to be paid to each one of us to meet the expenses of our daily needs and necessities since our ‘Prosperity’ had been stopped.

Magisterial Enquiry Ordered by Govt. of Pondicherry

After the statements were reported in ‘The Hindu’ and ‘The Indian Express’, we wrote letter to Mrs. Kamalini requesting for a copy of the report to be furnished to us. Till date no reply has come and neither has any report been furnished to us.

Meanwhile trustees had concocted a false report against all we five sisters based on which the trustees were trying to expel us. Since the starting point of the report was our sexual harassment, to safeguard our interests we were constrained to personally go to Delhi and met NCW Chairperson.

Luckily for us Dr. Girija Vyas had replaced Mrs. Poornima Advani. We met Dr. Girija Vyas, Chairperson of NCW, and Mrs. Nirmala Sitharaman, South Zone Head of NCW, both of whom were genuinely concerned for our welfare. In spite of their thorough search they were unable to unearth the report as mentioned on 19.01.2005 news-item, allegedly submitted to Mrs. Poornima Advani by Mrs. S. Kamalini.

Having seen our miserable plight Dr. Girija Vyas decided to reopen our case. We received a letter directing us to appear and submit our complaints to NCW, New Delhi. Since we were not in a position to appear in person, we sent by RPAD our representations dated 21.07.2005 to NCW in Case No.8/4047/04/NCW/JA/CP/179. Thereafter our case had been directed to be investigated by the Department of Women and Child Development, Pondicherry (DWCD).

Mrs. Devi Matthews, the Director of DWCD issued us summons. We appeared before Mrs. Devi Matthews and the Deputy Director Mrs. Meena. Our condition had worsened and they too were shocked at our victimization. Mrs. Matthews asked the trustees to reply in the course of her investigation but they gave very vague answers. The harassment reached another climax when Arunashri was brutally beaten up. (see posting dated 29.12.2006)

We met Mr. T.M. Balakrishnan, I.A.S., Hon’ble Secretary (Welfare), Pondicherry, and Mrs. Devi Matthews on 02.01.2007 at the Chief Secretariat, Pondicherry, expressing our fear, insecurity, harassment and sexual harassment faced by us. They were both very concerned and promised to do something.

Thereafter G.O. dated 23.02.2007 was issued by the Hon’ble Secretary, Mr. T.M. Balakrishnan, directing Mr. Vasanthakumar, I.A.S., Sub-Divisional Magistrate cum Deputy Collector at Pondicherry, to conduct a magisterial enquiry into our complaints. Today we gave our complaints to him on 19.03.2007. Mr. Ashokan was also present when we presented our case.

Government Order dated 23.02.2007 is produced below.

Arunashri Faces Yet Another Humiliation

Ever since we have protested against the sexual harassment meted out to us, many henchmen of the trustees are trying to be the trustees’ favorites and competing with each other to harass us and torture us, either to obtain personal favors and/or to hide or enhance their own wrongdoings. One such person is Subhashini Mohanty hailing from Orisa.

It is rumored that she was sold by her brother for a lump-sum and was coerced into prostitution. She somehow managed to escape and found a haven here at the Ashram. She has stripped many men of their wealth and destroyed marriages, and even now openly entertains men in her room given by the Ashram.

Subhashini works at Ashram laundry, a facility enjoyed by all inmates and chosen beneficiaries. She has been regularly stealing Arunashri’s clothes, tearing or damaging them or making them in some way unwearable. Arunashri has complained repeatedly to the laundry management but in vain. 

On 29.12.2006 at about 4 p.m. when Arunashri went to collect her laundered clothes, Subhashini dragged her by her hair and brutally beat her up in front of its acting in-charge. Subhashini Mohanty goes daily to the gym and does a lot of exercise and is a very strong manly type of woman and my sister is a typical dainty lady. You can image my sister's condition.

But guess what??? … After beating Arunashri, obviously as instructed by the trustees of the Ashram, Subhashini rushes to Trust Office, reports her done deed. She is immediately taken to Ashram Nursing Home under Dilip Datta’s preplanned scheme and spends two days recovering from the incident. Whereas Arunashri, who was not even able to get up, somehow managed to reach home. She was not given any treatment or care. Mind-blowing sense of justice.

Arunashri reported the incident to Albert Patel, another trustee of Ashram and in-charge of Ashram Laundry,  in person. He outright refused to hear her problem.

Hemlata Assaulted in front of Ashram Dining Room.

Dhiraj Bannerjee is an old ashramite and an ex-student of Ashram School. He has been in the constant habit of making vulgar gestures and passing vulgar comments for quite some time. 

On 01.06.2004 at about 8 a.m. I was talking to some of my relatives and coming out of Ashram Dining Room. Dhiraj walked up to them, abused them and when I asked him to stop he began giving me blows. My relatives were greatly upset and disturbed by this untoward incident and could not believe that Ashram was harboring such kinds of people who could do anything for personal gain under the directions of the trustees.

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.