SC agrees to hear pleas for review of May 16 verdict on claim over Bengaluru ISKCON temple

New Delhi, Dec 3 (PTI) The Supreme Court on Wednesday agreed to hear a petition of ISKCON India seeking review of its May 16 verdict which held that the iconic Hare Krishna temple in Bengaluru belongs to ISKCON Society of the city.

A bench of justices MM Sundresh, Prashant Kumar Mishra and Satish Chandra Sharma issued notice and admitted the review petition filed by ISKCON India and other similar petitions for hearing and sought the response of the Bengaluru faction of the International Society for Krishna Consciousness (ISKCON) and other parties in the dispute.

The top court on May 16 had set aside the Karnataka High Court's May 2011 order giving control of the Bengaluru temple to the Mumbai faction of ISKCON.

On October 28, the over 25-year-old legal dispute between Mumbai and Bengaluru factions of ISKCON over control of the Bengaluru temple was revived after a two-judge bench gave a split decision on the review plea of ISKCON India seeking review of the May 16 verdict.

While Justice JK Maheshwari found substance in the plea of ISKCON India and agreed to hear the matter in open court and sought response of the Bengaluru faction, Justice AG Masih dismissed the review petitions filed in the matter saying there is no error apparent on the face of record or any merit in the Review Petitions, warranting reconsideration of the May 16 judgment.

Subsequently the matter was placed before the Chief Justice of India and a three-judge bench was formed to consider the multiple review petitions filed in the case.

The statement issued by ISKCON, India said that the three-judge bench was presented with over 6000 pages of evidence by ISKCON India (1971 Mumbai) consisting of judicial depositions, correspondence of Madhu Pandit Dasa with ISKCON India head office and his letters to other branches of ISKCON India in his capacity as the general secretary of ISKCON India, along with evidence of systematic fraud, forgery, fabrication of records and manipulation of public documents.

Yudhistir Govinda Das, Director of Communications for ISKCON India stated, "The Supreme Court of India’s decision to reopen this matter is a significant milestone in bringing out the truth of this case and for the protection of Srila Prabhupada’s global mission.

"It is unfortunate what has happened that few individuals have tried to usurp the assets of the institution including the Bangalore temple and our flagship project of Akshaya Patra for feeding the young children of India. We are hopeful that, with the complete facts now before the court, it will bring justice to the lakhs ISKCON devotees and members across the country." On May 16, the apex court had said the trial court also recorded a finding that no evidence was produced by ISKCON Mumbai about its possession of the Schedule "A" property and there was absolutely no evidence to support its claim.

The high court had quashed the trial court decree of April 2009 which was in favour of the Bengaluru faction.

The top court had said, "As the application for allotment was made by ISKCON Bangalore and as pursuant to the application, the sale deed was executed in favour of ISKCON Bangalore, the entire discussion by the high court about so-called manipulations made by Madhu Pandit, Bhakti Lata Devi Dasi, Chanchalapati Dasa, Chamari Devi Dasi was not relevant at all." The verdict said even if it was assumed that the rubber stamp of ISKCON Bengaluru was affixed on certain documents subsequently, it was "crystal clear" that the Schedule "A" property was allotted by the Bangalore Development Authority to ISKCON Bengaluru, and ISKCON Bengaluru was an independent society registered under the Karnataka Societies Registration Act.

The apex court said the high court's finding that ISKCON Mumbai, through its branch in Bengaluru, was the owner of the schedule property was "completely erroneous" and deserved to be set aside.

ISKCON Bengaluru moved the top court on June 2, 2011 against the May 23, 2011 high court verdict and represented by its office-bearer Kodandarama Dasa, contested the high court judgment that overturned a 2009 order of a local court in Bengaluru.

The trial court had ruled in favour of ISKCON Bengaluru, recognising its legal title and granting a permanent injunction against ISKCON Mumbai.

However, the high court reversed this ruling and upheld a counterclaim by ISKCON Mumbai, effectively granting them control over the temple.

The societies with similar names and spiritual missions were pitted against each other in the legal battle. While ISKCON Bengaluru, a Karnataka-registered society, contended it had been operating independently and managing the Bengaluru temple for decades, ISKCON Mumbai, registered under the national Societies Registration Act of 1860 and the Bombay Public Trusts Act, 1950, claimed rights over the property and said ISKCON Bengaluru was merely its branch. PTI MNL ZMN