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AUROBINDO ASHRAM : NEED TO END LIFELONG TRUSTEESHIP
The family background of Nandhivarman, as written by him in New Indian Express is given below :
The Citadel of Saiva Siddhantha and Ceylonese Scholars
The French India had attracted steady stream of scholars, though the names of Aurobindo and Bharathiar are popular, still there remain many who have to come to light. The Ceylonese connections to
The Assembly of French India known as Conseil General was inaugurated on 25.11.1933 around 4 PM in the Municipal buildings amidst huge attendance by people. The French Governor George Bourret in his inaugural speech lamented at the lack of adequate education to the children from 6 to 13 years and urged the members of the assembly to improve the infrastructure of school education. He expressed grave concern over the total neglect of Tamils in learning their mother tongue and in imparting education to their children in Tamil. George Bourret stressed that Tamil medium of instruction must be made compulsorily and higher education in Tamil must be improved. He felt that degrees should be conferred on students of Tamil medium on par with those who learn French. He also stressed the need to encourage private educational institutions. “ The foresight of the French Governor is laudable and his advice is applicable even for present days” opines Dr.Ira.Thirumurugan of Tamil Development Action Group, a private initiative of Tamil scholars in the
After the French governor’s speech election to the new assembly members took place. Advocate Chellan Naicker was chosen President. Mr.Thiagaraja Pillai of Karaikal and Mr. Sadhu Charan Mukkerjee of Chandranagore were elected as Vice Presidents. Mr. Balasubramania Pillai, Advocate Perumal Naicker and Selvarasu Chettiar were chosen as Secretaries. Mr.Balasubramania Pillai, Mr. Thanaraja Pillai, Mr. Yubert de Rozario, Mr.Henry Gaeble, Mr. Gnanou Thiagou, Mr. Joseph Laporte, Mr. Ramachandra Naicker, Mr. Sambasivam Chettiar, Mr. Veera Pillai were chosen members of the Economic Committee. “ Vittagam” apart from detailing this historical event also places on record that a Report of the Commission on Colonies (Rapport de la commission coloniale) was tabled in the assembly by Mr. Joseph Laporte.
This journal propagated the Thirumoolar School of Yoga. Thirumoolar it was believed lived for 3000 years and wrote one poem every year, which is called as “Thirumoolam” These treatises were focus of scholarly debate of those days when people felt that yoga is a way to gain longer life on earth. English bard Mathew Arnold wrote the poem Scholar gypsy in which he said gypsies possessed the knowledge to live beyond 200 or 300 years. Saint Vallalar believed that human body could transform into a body of light and vanish in the air and get lost in the vacuum. “Vittagam” and its writers were of the view that with the body they can attain divinity and stated that it was the True Attainment of Salvation. “ Unmai Mukhthi Nilai ” written by Pandit Thenkovai S.Kandiah Pillai expounds this theory in detail. The journal Vittagam went to
The publisher of this philosophical weekly Mr.R.Nagaratnam was among the few nationalists who were with Aurobindo Ghosh in his initial years of the stay in
Between
1. N. Nandhivarman
69,
2. D.K. Ramanujam, Ex. M.L.A.,
17,
Thengaithaittu
……………….. Plaintiffs
Vs.
1. SRI AUROBINDO ASHRAM TRUST
Represented by its Managing Trustee
Mr. Harikant C. Patel
Marine Street
2. Mr. Manoj Das Gupta
Trustee
23,
Pondichery - 605 002.
3. Dr. Dilip Dutta
Trustee
23,
4. Mr. Ved Prakash Johar
Trustee
Sri Aurobindo Ashram Dining Hall
8,
5. Mr. Albert A. Patel
Trustee
15, Calve
Plaint Under order vill rule 1 r/w section 92 of the code of civil procedure 1908
1. The first plaintiff is the son of Late R. Nagarathinam, Hindu, aged about 50 years, residing at 69, Ranga Pillai Street, Pondicherry - 605 001.
The Second plaintiff is the son of Late Krishnaswamy, Hindu, aged about 76 years residing at No.17, Pillayar Koil Street, Thengaithittu, Pondicherry.
The address for service of all process and summons of the plaintiffs is that of their counsel
Pa. U. Chemmal B.A., LL.M
Advocate, 19,
2. The first defendant is a charitable trust created by late Madame Mirra Alfasa and managed by the defendants 2 to 5 for the time being. The first defendant is represented by its Managing. Trustee Thiru HARIKANT C. PATEL son of Late Chottabhai Patel, aged 80 years approximately, residing at the above address.
The second defendant Manoj Das Gupta father’s name not known, aged 62 years and residing at 23, Saint Louis Street, Pondicherry—2.
The third defendant, Dr. DILIP DUTTA of father name not known aged 54 years, residing at 45, Lally Tollendal Street, Pondicherry—2.
The fourth defendant VEDARAKASH JOHAR is the son of Late Dr. Benarsi Das aged 69 years, residing at the Sri Aurobindo Ashram Dining Hall, 8,
The fifth defendant ALBERT A. PATEL is the son the Late Ambalal Patel aged 74 years residing at
The address for service of all purposes and summons of the defendants is as given above.
3. The plaintiffs submit that the first defendant namely SRI AUROBINDO ASHRAM TRUST is a charitable trust created for the benefit of the disciples, devotees and inmates of Sri Aurobindo Ashram and of the schools conducted by the said Ashram. The trust was created by a declaration of Trust made by Late Madam Mira Alfasa who is reverentially called as Mother of Sri Aurobindo Ashram in
4. The Plaintiffs aver that a gurukulam ceases to be a gurukulam in the absence of a guru, and Aurobindo’s own words vouch safe the fact that without a spiritual leader, Ashram ceases to exist. The plaintiffs rightfully point out that Sri Aurobindo’s writing of 16th Feb. 1934 defines. “An Ashram means the house or houses of a Teacher or Master of spiritual philosophy in which he receives and lodges those who came to him for the teaching and practice. An Ashram is not an association or a religious body or a monastery – it is only what has been indicated above and nothing more. Everything in the Ashram belongs to the Teachers, the sadhaks (those who practice under him) have no claim, right or voice on any matter. They remain or go according to his will. Whatever money he receives is his property and not that of a public body. It is a not a trust or a fund. For there is no public institution. Such Ashrams have existed in
5. The plaintiffs submit that Sri Aurobindo Ashram Trust is in overall possession of thousands of acres of agricultural farm lands and prime property worth crores of rupees within the urban limits as well as within the union
6. The plaintiffs also wish to draw the attention of the Honourable Court towards a recent expulsion of four inmates of the Ashram with no valid reasons. The reluctance of the Trustees to expel Mr. Vasant Kumar Pati from the Ashram community in spite of enough circumstancial evidence to cast doubts about the honesty and intergrity of said Vasant Kumar Pati is a clear indication that something is wrong with the management of the Trust which necessitates the intervention of the Honourable Court under section 92 of the Code of Civil Procedure.
7. The plaintiffs wishes to draw the attention of the
8. The plaintiffs wishes to point out that “on 24th Nov. 1926 Sri Aurobindo ‘RETIRES’ most completely and went into seclusion from the executive work of management and day today contact with the inmates of the Ashram. Sri Aurobindo completely withdrew from his usual field of activities. And the Mother took charge of inmates and the organisation of the Ashram. It was thus the mother from Nov.24th 1926 standing forth and conducting the day to day administration of the ashram. After Nov. 24th 1926 Sri Aurobindo never even once, interfered with the affair of inmates or organisation of the ashram till he withdrew from his body on December 5th 1950. Sri Aurobindo remained most completely in Retirement from the affairs of inmates and ashram organisation. And thus, this can be called a ‘reatirement’ for any reason whatsoever. But on the contrary, the Mother was all along standing forth and conducting the administration of the ashram. Thus it is seen, that for 48 years from Nov. 24th 1926 till Nov. 17th 1973 when the Mother passed away, she was all along in absolute control of the ashram and its inmates. Therefore the word ‘retirement’ cannot be construed or contented that on her passing away, the continuing trustees can appoint new trustees. The only provision in the deed of Trust is the absolute discretion given to the Mother in article 9 to appoint Trustees. It is the power that cannot be exercised by the other Trustees. It follows, therefore that after the Mother left her body, the power vested in article 9 becomes inoperative. Thus after, the passing away of the Mother, the appointment of Trustees or Trustees by the existing Trustees is illegal and is a fraud on the Trust. The wishes and the intention of the author of the Trust, the Mother is the primary importance in the matter of appointment of Trustees. The instruments of Trust require to be interpreted properly to appoint new Trustee or Trustees. It was never the inception of the Mother to hand over the appointment of the Trustee or Trustees to the whims and fancies of the existing Trustees. Appointment of Trustee or the Trustees is thus a vital matter and inmates of the ashram should have some voice in choosing the Trustee or Trustees. Here also Trustees should be appointed by a good electoral college. That is to say by Beneficiaries or inmates of Sri Aurobindo Ashram Trust. The plaintiffs pray to the Hon’ble court to evolve proper schemes for democratising the Trust.
9. The plaintiffs wish to point out that “ In the Trust Deed created by the Mother, the intention of the Trust, the beneficiaries the maintenance and utilisation of Trust funds and all other connected and incidental matters have been clearly delineated, but the deed of Trust does not contain any provision for removal of Trustees in case of mismanagement , misconduct and misappropriations. The Deed of Trust does not contain any provision for the continuing Trustees to oust any Trustee even if one of them have committed misappropriation of Trust Fund or any other breach of Trust. No Trustee or majority of the Trustees have any power to expel any other Trustee. The Deed of Trust does not mention the period for which appointed Trustees should hold the office. If the Trustees are to hold office during their life time, then there is danger of mismanagement due to their old age incapability of performing their duty in the execution of Trust. Also, indirectly the management is likely to go into the hands of undesirable and incompetent persons.
10. On 31.12.75 plaintiffs understand that the business undertakings held by Sri Aurobindo Ashram Trust (SAAT) had been transferred to Sri Aurobindo Ashram Harpagon Workshop Trust (SAAHWT), with direction to SAAHWT to return the capital within a period of 5 years with interest at 15% p.a. Apart from the said directions the properties of SAAT has been given on lease subsequent to the above said transfers another undertaking namely Sri Aurobindo Books Distribution Agency (SABDA) and Auroshikha were formed for which SAAT properties had been transfered. The said transfer and permitting the SABDA and Auroshikha to put up constructions on the SAAT property are not valid in law. Further the plaintiffs understands that the Ashram Trust’s funds are been transferred to SAAHWT apart from the amount due by the SAAHWT to SAAT. As per clause 5(g) of SAAT Deed the SAAT’s funds can be invested only in specified securities but on the either hands contravening the clause 5(g) and Section 20 of the Indian Trust Act transfers had been affected of the SAAT monies. This transfer of SAAT fund to SAAHWT and other business units contravenes the terms of exemptions granted under Income tax Act 1961 by Govt of India under Section 35(i) & (ii) in the year 1974. The transfer of properties to different agencies and permitting the agency to put up constructions on the SAAT properties has put the SAAT properties in jeopardy and thus the value of the SAAT properties has diminished by giving room to the Agencies to claim right over the SAAT property. The investment of SAAT money to SABDA and Auroshikha is illegal. The investments made by the trustees of SAAT after the death of the Mother will clearly show that the investments made contrary to the SAAT Deed for the benefit of the trustees. The provision of the Clause 5 (g) of the SAAT Deed and Section 20 of the Indian Trusts Act has not been followed in spirit but on the other hand complete go by has been done by the trustees by investing the SAAT funds according to their whims and fancy. The relationship between the SABDA and the SAAT and so also with the Auroshikha and SAAT will show huge sums of the SAAT had been done away with for the benefit of few. The account books of 1973 till 1998 if perused will clearly prove such illegal transfers made in this regard. Further the trustees have deposited huge amounts violating the guidelines of the Indian Trusts Act Sec. 20. The trusts have not deposited the amount in the Government security but on the other hand they have lent monies without any proper security. The trustees of SAAT being also the members of the other subsidiary business trusts found it convenient to transfer the SAAT monies for their own benefit. The trustees on repeated reminders have not chosen to place the accounts for public scrutiny. The accounts of SAAT or any of the subsidiary business trusts are not published or made public to enable the inmates, disciples and devotees to know what is actually happening. The above acts of the trustees will clearly show the accounts have not been properly maintained and money not being invested according to the true SAAT Deed of the said Trust.
11. The plaintiffs wish to state that the Government of Pondicherry under the administration of the then Lt. Governor CHEDDILAL wrote three times to the trustees of the Sri Aurobindo Ashram Trust, Sri Aurobindo Society and other units of the Ashram soliciting information regarding accounts. The plaintiffs state that there was a CBI raid on 13 September 1976 on Sri Aurobindo Ashram Trust, Sri Aurobindo Society and other units. This incident plaintiffs state is a clear cut proof of the reluctance of Sri Aurobindo Ashram Trust to comply with the laws of the land. It is to be recalled that this defiance or refusal to show accounts at the time of emergency resulting in CBI raids will have to be taken note of in evaluating the proper functioning of the Trust. The plaintiffs wishes to draw the attention of the Hon’ble Court over the Judgement of the Supreme Court in S.P. Mittal Vs. Union of India, AIR 1983 Supreme Court 1 Page 36 para 149 which reads as follows “The situation in Auroville became so acute that at the instance the Ministry of Home Affairs, Govt. of India, an enquiry was conducted in 1976 by the Chief Secretary of Pondicherry, into certain aspects of functioning of Sri Aurobindo Society. The report of the Chief Secretary mentioned instances of serious irregularities in the management of the Society, suspected misuse of funds and auditor’s comments about the misutilisation of funds and its diversion, and it was suggested that a further probe into financial matters of the Society and organisations connected with the Auroville Project may be made by a team of competent auditors. Considering the special position of Auroville as a cultural township of international importance, the substantial grants of the order of more than Rupees 90 lakhs given by the Government of India and the State Government towards the fulfilment of the ideals of Auroville who had left their hearth and home for Auroville which had received sponsorship from Indian Government and UNESCO, the continued groupism and infighting which was bringing bad name to Auroville and the special responsibility of the Government of India in regard to the foundation and development of Auroville, the Government of India decided to set up a committee under the Chairmanship of Lt. Governor of Pondicherry with the Chief Secretary of Tamil Nadu and Additional Secretary of the Ministry of Home Affairs as members by resolution of the Ministry of Home Affairs, Govt. of India, dated 21th December 1976. The above committee got a quick audit made of the funds of the society and the grants given to the Society and the grants for Auroville through a team of competent auditors. An important finding of this Committee was that the earlier apprehension about instance of serious irregularities in the management of the society, misutilisation of the funds and the diversion was confirmed. This committee also submitted to the Government of India two volumes of the audit report. This the plaintiffs aver is the reason for the Centre to intervene in this matter and promulgate the Auroville (Emergency Provisions) Act (59 of 1980). Though only Auroville is taken over by the Central Act the commissions and ommissions dug up during the CBI raids in the matters pertaining to the Aurobindo Ashram Trust and of Sri Aurobindo Society has been laid to rest and law, was not allowed to take its course to reach a logical conclusion over the financial mismanagement and the exposures.
12. The plaintiffs wish to state that one Laurence Marshal Pinto son of Late Laurence Bellarmino Pinto residing at 1.Rue St. Giles,
13. The plaintiffs wish to point out that Sri Aurobindo Ashram Trust passed a Resolution No. 126 on 31st Dec. 1976 for transferring the business establishments of Sri Aurobindo Ashram Trust to Aurobindo Ashram Harpagon Workshop Trust. The whole summary of the Resolution reproduced below will clearly indicate how at the expense of Sri Aurobindo Ashram Trust, Sri Aurobindo Ashram Harpagon Workshop Trust is going to prosper obtaining the business institutions of Sri Aurobindo Ashram Trust at a throwaway price and almost for a paltry pittance. “Whereas we have been advised to discontinue all business activities of the Ashram altogether and whereas it is considered expedient and conducive to the interest of the Ashram to transfer all the assets and liabilities of all its businesses on the 31st Dec. 1975, excluding the lands and buildings and immovable properties to Sri Aurobindo Ashram Harpagon Workshop Trust having almost identical objects as those of Sri Aurobindo Ashram Trust. And whereas Sri Aurobindo Ashram Harpagon Workshop trust has agreed to accept the transfer on the terms hereinafter stated. And whereas Sri Aurobindo Ashram is holding in Trust the following businesses. Which are carried on in the course of the actual carrying out of a primary purposes of the Trust. (1) Sri Aurobindo Ashram Atelier Service Station situated at Goubert Salai Pondicherry. (2) Sri Aurobindo Ashram Auto Care situated at
14. The plaintiffs point out that Sri Aurobindo Ashram Harpagon workshop turst has been renamed as Sri Aurobindo Udyog trust. Apart from this many subsidiary business trusts have come into existence. The subsidiary trusts of Sri Aurobindo Ashram Trust are in possession of SAAT properties on a nominal lease amount as seen in para 15. The machineries belonging to SAAT were transferred on book value to these subsidiary trusts. The book value was nill due to depreciation though they have many years of work life. The plaintiffs state that all these subsidiary trusts have a past history wherein some of the trustees of SAAT were also trustees playing a “dual role”. More or less these subsidiary trusts are managed by the relatives, friends and followers of the trustees of SAAT. The plaintiffs point out that the very name and style of these subsidiary trusts will reveal that they are commercial enterprises under the garb of a Suffix” trust”. To name a few of the subsidiary trusts, the list is inconclusive, but from what the plaintiffs have information on AUROFRM TRUST AUROFURN trust, fragrance and perfumes trust pre-cast concrete works trust aurotravels trust, etc, it becomes clear that all commercial exctivities go on in innumerable subsidiary trust names to provide scope for a few to control the economic levers of the defendant trust. These subsidiary trusts that are doing trade industry and business is engaging the inmates of Sri Aurobindo Ashram as employees. The inmates are taken care of by Sri Aurobindo Ashram Trust by providing food, shelter and other amenities. The subsidiary trusts that engage the inmates do not pay them proper salary or minimum wages which are statutary. The plaintiffs allege this as fit case of exploitation and call it a practice of bonded labourship. The second category of locals employed by these units are contract labourers which the Highest Court of the land directs to abolish. The plaintiffs would like to recall the words “charity begins at home”. The charitable trust that avails income tax concessions and deprives the National Exchequer its due, is expected to atleast desist from exploiting the inmates of the Ashram who are forced to do free service and the another category called devotees from whom also free service is demanded. The local people employed should atleast be made permanent and get all the protection of the labour laws of the land. The trustees of these subsidiary trusts, who are also continuing for their life time as long as they enjoy the patronage and protection of the trustees of Sri Aurobindo Ashram Trust, are well entrenched by continuing to have their grip over these subsidiary trusts with the help of an anti-social grouping of their own creation. Only by a thorough probe, audit, enquiry and complete revamp of the trust board things can be set right.
15. The 5 th defendant has floated a parallel trust on 8th November 1981 namely mother Centerary memorial trust wherein the 5th defendant is also the trustee. This trust is created intentionally and among the 1500 devotees the 5th defendant cannot find any other person as confidential and trustworthy and hence himself assumed office. The 4th defendant floated the sri aurobindo serviCe trust with himself holding trusteeship there also while continuing as a trustee in the 1st defendant trust. These two examples clearly demonstrate the fact that in order to feather their nests while holding key positions in the Sri Aurobindo Ashram trust the defendants 4 and 5 continue in parallel trusts. The modus operandi of the defendants becomes clear and concentration of power and wealth only among them is their sole aim and none else in the 1500 and odd members, inmates and beneficiaries of the trust is trustworthy in their eyes. The mushroom growth of parallel and subsidiary trusts is a racket in itself and the Honourable Court may be pleased to intervene to put an end to this mismanagement of a renowned trust.
16. Sri Aurobindo Ashram was recently caught in a mess legal battle when the board of trustees tried to silence the voice of democracy from within. Ultimately the III Additional District Munsif delivered an epoch making judgement which brought truce temporarily. The Hon’ble III Additional District Munsif in his judgement said “it is crystal clear that though there is absolute control and management to be exercised by the Ashram Trustees, there is no any whisper or any measure or any arrangements made either in the trust act or in the regulations of the trust by fixing a criteria for expelling an inmate from the Ashram for any of the alleged misconduct”. This is a vital lacunae that has to be attended to. Otherwise anti social land grab mafias will swindle and swallow the monies and properties belonging to the Sri Aurobindo Ashram Trust and seek immunity from expulsion.
17. The plaintiffs place before the Honourable Court extracts of an article titled chronology of a battle which appeared in auroville reveiw (journal of the community of auroville) , wherein the struggle of an inmate is vividly narrated. The inmate called satprem faced an uphill task to bring out a publication of the mothers memoirs recorded in tapes and titled as mother’s agenda. In these books the mother has spoken spontaneously on her life, her experiences, her difficulties (frequently even of her difficulties with the Ashram resistances). The author Satprem who holds the recorded tapes with him authentically states that the mother confided in me and rightly mistrusted the disciples understanding and even denounced the general dishonesty around her , as numerous recorded conversations reveal. Satprem faces assasination attempt and since the defendants have stonewalled publication founded “
18. The plaintiffs points out that a parallel organisation by name Sri Aurobindo Society came into existence with the objectives stated as “to be made known to the members and people in general the aims and ideals of Sri Aurobindo and The Mother their system of integral yoga and to work for its fulfillment in all possible ways and for the attainment of spiritualised society envisaged by Sri Aurobindo. “The plaintiffs further point out that the Society was engaged from its inception on collecting funds for the promotion of the work of Sri Aurobindo and the Mother. The Society contributed funds to Sri Aurobindo Ashram and its International Centre of Education. As the work of the Society began to grow it needed more and more funds for the sustenance of its activities. Consequently the society opened its branches all over
Amendment:
3(a) The management of the society shall vest in the executive committee which shall consist of not less than 3(three) members not more than 12(twelve).
Comments : Original : No such rule
3 (b) The Executive committee shall have a chairman who will also be the chairman of the society and the general secretary and the treasurer. The office of the General Secretary and the Treasurer may be held by one person or by two persons. Sri Navjata will be the First Chairman of the executive committee of the Society.
Comments: Original : No such rule
Rules and regulation provides that Madam M. Alfassa, the Mother shall be the permanent President of the Society till she nominates another person in her place and stead. No nomination has been made by the Mother till she left her body. There was no executive committee of the Society under nor there was any chairman thereof under original rules and regulations are stated earlier. The whole object incorporating clause 3 (b) is to enable Navjata to exercise unchallengeable control over the entire Sri Aurobindo Society in all spheres. It is significant to add that the original memorandum and rules and regulations, no powers have been given to any body to amend the same. The amended rules are ultra vires to the memorandum to the articles of association and are illegal and void. This modus operandi of a subsidiary society overtaking the defendant trust spreading its wings everywhere is adopted by many other subsidiary trusts like the Sri Aurobindo Ashram Harpagon Workshop Trust later renamed as Sri Aurobindo Udyog Trust, which all have usurped the economic power from the main trust Sri Aurobindo Ashram Trust. The men who controlled the subsidiary trusts and institutions are a handful thrust by the ruling coteries behind the master manipulation that has gone unchallenged for years. As dubious methods were adopted amending rules, twisting procedures to suit, their convenience in Society similarly the other trusts numerous in number also followed their own methods to confer benefits to a handful.
19. The plaintiffs further would like to bring out the happenings within the defendant trust in Mother own words recorded and printed especially in Vol. 13 of the Mothers agenda citing numerous instances. In page 24 Mother says quote “Because I dont see so clearly and anymore and my hearing is not so good, so they take advantage of it. People say that I am NO longer in control in the ashram that those around me direct and do exactly as they please”.
In page 86 Mother says “LACK OF UNITY IS THE CAUSE OF ALL DIFFICULTIES EVEN THE ASHRAM HAS BEEN CONTAMINATED BY THE DISEASE EACH DEPARTMENT CONSIDERS ITSELF A SEPARATE ENTITY AND SINCE THERE IS NO MORE COHESTION NOTHING WORKS…………………………………………………………. YOU SEE N. KEEPS WANTING TO EXPAND THE SRI AUROBINDO SOCIETY. HE BUYS PLOTS OF LAND WORTH LAKHS OF RUPEES AND INSTEAD OF THE MONEY BEING USED FOR GENERAL WORK IT IS FRITTERED AWAY……………………………………… In page 116 Mother says “SINCE WE HAVE SET ASIDE ALL CONVENTION, IMMEDIATEDLY EVERYBODY THINKS” AH, NICE PLACE TO FULFIL OUR DESIRES. AND THEY ALMOST COME WITH THAT INTENTION. AND BECAUSE I MADE A MATERNITY CLINIC FOR THE CHILDREN OF THOSE PEOPLE THAT I WAS OBLIGED TO SEND AWAY FROM THE ASHRAM, SO THAT THEY COULD
The plaintiffs bring to the notice of the Honourable Court these few lines from the 6000 pages in 13 volumes, which is a day to day account over twenty two years of Mother’s exploration into the body consciousness and of her discovery of a cellular mind capable of restructuring the nature of the body and the laws of the species as drastically as one day the first stammerings of the thinking mind transformed the nature of the ape. The plaintiffs have chosen Mother’s own words to drive home about the way the 1 st defendant trust drifted in her own lifetime. The decay of institution, the chances of a great movement falling into wrong hands, the intrigues to capture power in such institutions, are common in history. The enlightened days of judicial activism will not allow such things to happen before our very eyes. The plaintiffs, who are interested in this charitable institution indulging in charity with clarity of purpose, are before this Honourable Court with appropriate prayers born out of public interest.
20. The cause of action arose at Pondicherry on 4.1.97 when four inmates were arbitrarily expelled or complaining to police, criminal act and for forming an inmates’ association **************** plaintiff were upset, over lack of democracy, transparency, and appropriate rules in the defendant trust and by media reports on denial of wages, freedom, right to union, and other human rights abuses, defendants and trusts and everything within the jurisdiction of this Honourable Court.
21. The Plaintiffs pays a court fee of Rupees Fifty only (Rs. 50.00) as per the provisions of section 47 of the Pondicherry Court Fees and Suits Valuation Act, 1972.
22. The plaintiffs therefore pray that this
(i) to evolve a proper bye-laws rules and regulations clearly dealing the electoral college, made of election, the authority to hold elections, fixation of the term of trustees, the powers and duties of the trustees with necessary checks and balance for the proper conduct of the trust activities including democratization and introduction of transparency and accountability in its functioning ;
(ii) directing the trustees who have remained in power for more than ten years to resign, relinquish an retire with grace;
(iii) to select a group of trustees from among the 1500 inmates through a direct election under the supervision of the Hon’ble court;
(iv) to evolve proper bye-laws for Sri Aurobindo Udyog trust and other subsidiary trusts carrying out business and that are running industries;
(v) issuing a blanket ban on sale of Ashram properties till elected board of trustees assume chare and till proper bye-laws are framed;
(vi) directing that the accounts of the said Sri Aurobindo Ashram trust and inter related trusts like Sri Aurobindo Udyog trust be examined and audited by a competent team of auditors chosen by the Hon’ble court;
(vii) awarding the cost of the cost of this suit granting such other orders as this Hon’ble Court may deems fit in the facts and circumstances of the case and thus render justice.
Dated at
Sd/- Sd/-
COUNSEL FOR PLAINTIFFS PLAINTIFFS
VERIFICATION
We the plaintiffs herein do hereby declare that what is stated above are true to the best of our knowledge, belief, and information.
Dated 11th August 1997 Sd/-
PLAINTIFFS
LIST OF DOCUMENTS
1. Document dated 1st May 1955 of Madame Mira Alfasa in French. Showing the details of the Trust.
2. Document No.1824 of 1955 of Mme. Mira Alfassa (English) (supplement to the deed of declaration of Trust of Ashram
3. Sri Aurobindo Ashram Trust deed (declaration of trust & appointed of trustees) Photo copy date 1-5-1995
4. Sri Aurobindo Ashram Harpagon workshop Trust deed (true copy)18th December 1967. Stating
5. Transfer of Sri Aurobindo Ashram Business units /resolution (Xerox copy) 19-12-1775
6. Page 233 of the book “The Life of Sri Aurobindo (Xerox copy)
7. Page 6 & 7 of Champaklal’s Treasures book
8. News paper clippings (Photo Copy)
9. Document No.1823 of 1955 (Photo copy)
10. Deed of Sri Aurobindo Services Trust (True copy)
11. Deed of Mother centenary Memorial Trust (True copy)
12. Chronology of a battle/article in Auroville review
Counsel for Plaintiff
THE LONG DRAWN STRUGGLE AGAINST AUROVILLE
The Government of India and International donors must take note of the words of appreciation my blogs and statements are receiving from the followers of Aurobindo Ghosh. All the mails we got and comments we received had been a source of strength to us. Mr.Tushar N.Mohapatra, a dedicated follower of the Aurobindonian family had posted on june 24 th of 2008 the following comments : [Tuesday, June 24, 2008 N. Nandhivarman is doing a yeoman’s service for propagation of the Savitri Era Religion [DRAVIDA PERAVAI 23 Jun 08 SAVE AUROVILLE FROM FINANCIAL IRREGULARITIES] By nandhivarman ]
N. Nandhivarman is doing a yeoman’s service to the evolutionary revolution that was launched by The Mother and Sri Aurobindo. By turning the searchlights upon Sri Aurobindo Ashram and the Auroville, he is generating a lot of awareness as well as curiosity among the public. It is good for the hospitality industry in Puducherry and also for the propagation of Savitri Era Religion. If this nexus can work more openly and systematically, then we shall really be able to take the idea of Human Unity very far. All kinds of issues besetting a globalized world will look forward to a Puducherry rendezvous for their solution. [TNM] Posted by Tusar N Mohapatra at 10:40 AM 0 comments Links Tuesday, June 24, 2008
But I must place before the world his views much before I started the recent open debate on Auroville. Though I had spoken against Auroville in the World Athiests Conference of 2005 and had written in Sinthanaiyalan Pongal issue of 2005, there had been voices within Aurobindonian family to show the door to the Ex-Maharaja of Kashmir Dr.Karan Singh, who like absentee landlord manages Auroville. Also other demands raised by Tushar N.Mohapatra are given in his words below including the date, year of those demands.
Sunday, July 22, 2007 A resident of Auroville should become the President of Auroville
The President of India, the Prime Minister, and the members of his Cabinet reside in
Wednesday, July 18, 2007 They have no business to continue in such positions
[For first time, govt to choose IIM directors The Times of India 18 Jul 2007 MUMBAI: This could be the final blow to the long-held autonomy of the Indian Institutes of Management (IIMs).]
Are the 5 nominated members of The International Advisory Council of the The Auroville Foundation well versed with the teachings of The Mother and Sri Aurobindo? If not, they have no business to continue in such positions. There are lot many others among the devotees with records of life long dedication to the cause of the Life Divine. The Government must not impose its bureaucratic whims over the organic growth of Auroville. [TNM] Posted by Tusar N Mohapatra at 6:39 PM 1 comments Links
Thursday, June 12, 2008 Savitri Era Party welcomes N. Nandhivarman’s 100 Questions
N. Nandhivarman, General Secretary, Dravida Peravai, in his article, “AUROVILLE’s MATRIMANDIR: AN EYE OPENER,” has promised that he will raise “100 Questions for generating awareness about the happenings in Auroville and to ensure Government of India intervenes to effect amendment to Act and initiate corrective measures.” [7:06 AM & 12:22 PM] Savitri Era Party welcomes this. [TNM] Posted by Tusar N Mohapatra at 6:26 PM 0 comments Links
Saturday, June 14, Saturday, June 14, 2008 Savitri Era Party demands free elections, accountability, and transparency in Auroville
[THANKS FOR BBC INITIATED DEBATE ON AUROVILLE - indiainteracts.com By Google Inc. THANKS FOR BBC INITIATED DEBATE ON AUROVILLE indiainteracts.com, India - The New Age commune revealed on TV is guiltier of child neglect than abuse, says Loic Rich. “I was not surprised by the allegations of child abuse at . ...The New Age Living Blog - http://newagelivinblog.com THANKS FOR BBC INITIATED DEBATE ON AUROVILLE indiainteracts.com - Chennai, Tamil Nadu, India “I was not surprised by the allegations of child abuse at Auroville – a progressive European community in India- that BBC news team made this week. ...See all stories on this topic]
The recent BBC (un)coverage on Auroville is admittedly low on propriety but compensatingly high on priority. Probably, years of good work get a bad name all of a sudden, but simultaneously, some sordid goings on also come under scrutiny, which otherwise would not have happened so easily.
The Congress has the satisfaction that it rules at least a tiny patch of Tamil Nadu through Dr. Karan Singh. But the 1988 Act, without territorial demarcation, deems to be infructuous as of today. As such, continuation of the present Governing Body is not only illegal but also illegitimate.
Matrimandir is the sacred shrine for the innumerable adherents of Savitri Era Religion. It is painful for the Savitri Erans to learn that certain high-ranking persons are colluding with nefarious activities and indulging in falsehood. Savitri Era Party wants change and demands free elections, accountability, and transparency. [TNM] Posted by Tusar N Mohapatra at 6:41 PM 0 comments Links
THE CULTURAL SHOCKS OF AUROVILLE
Let me quote from my article in Voice of Voiceless 2006 issue http://www.voiceofvoiceless.com/current/m2.asp
Jahaji Bhai” is a documentary film with an Urdu title, which means brothers of the ship. These are not sailors of the same boat as the English idiom indicates but literally are slaves taken away in the same ship. These are bonded labour taken 167 years ago in ships to erstwhile colonies of the
In fact many ships went missing and no one was there to shed a single drop of tear. If an Indian coolie absented for 7 days he was fined $24 dollars, which is equivalent to 6 months wages. These Indians lost their roots and culture. While liberated Negro slaves climbed in the social ladder, Indians filled that vacuum at the rock bottom of society. They were induced to become addicts to alcoholism. With few women around polyandry became the order of the day. Africans joined Europeans to suppress the brown race. Picturing their everyday lives and showing lot of documentary proof with regard to their plight from various sources, Suresh Kumar Pillai in this documentary records an unknown chapter on Indian migration. Ravi Dev, Leader of the Roar Guyana Movement speaks for his fellow brethren and a 103 old man tries hard to recollect his fellow passengers of the ship that carried them from
While
The Indian labourers in French colonies had to face stiff resistance from the Africans because the Indians had to work for paltry pittance, which freed Africans refused to comply. Thus Indians occupied the lowest of the low position in the French Caribbean society and called as “Cooli Malabarise”or “Chappa Coolies”. Indian coolies were never allowed to practice their religious faiths or to speak their native tongues on the plantations .The labourers had to be French in every sense. This was in sharp contrast to other Dutch colony of
THE QUESTION NOW HAUNTING US? WHY DOES WESTERNERS CHOOSE AUROVILLE. OUR PEOPLE WENT TO CARRIBEANS TO EARN A GOOD LIVING WHICH TURNED OUT TO BE A MIRAGE CHASE. THEY LOST THEIR CULTURE. HERE WESTERNERS HAVE COME TO MAKE A GOOD LIVING BETTER THAN WESTERN STANDARDS. THEY ALSO HAD ADMINISTERED CULTURAL SHOCKS ON OUR SOCIETY.
GAY SEX:
One person talks about his homosexual relationship in a letter with us. He says since 1977 he was having homosexual relationship. His Indian male partner had sent 120 love letters to this western male, as per his letter dated 6th October 1996. The westerner had given 19 lakhs to the homo-partner, and to earn this the German had worked in petrol bunks during his visits to his home country
LESBIAN SEX:
We gave a CD which was sold in free markets titled Auroville Beauties, wherein a western man will be watching two poor young Tamil girls made to perform lesbian acts before the camera. Also in another clipping a western man will be making sex with a Tamil girl before the camera. This indicates shooting of such scenes for selling in abroad. Dravida Peravai gave those CD’s to the then Superintendent of Intelligence Bureau Mr.Ramdass for forwarding to Government to take stringent action .There ends the matter. What action government took it is only known to Government of India. Such CD’s were given to BBC, but due to ethical standards British press did not publish nor did BBC telecast such porn videos.
The Tamil boys who had made it regular hobby to chase white girls, and Tamil women falling prey into contracts to live with westerners in exchange of monetary gains only to be ditched sooner, and a story of one Tamil’s wife got married to a westerner without divorcing the husband, all such real happenings undermining our culture and society, the free media of our country must come forward to expose through investigative journalism.
N.Nandhivarman, General Secretary, Dravida Peravai
COMPTROLLER AND AUDIT GENERAL REPORT INDICTS RANGASAMY GOVERNMENT ON TSUNAMI FRAUD: SONIA TO DECIDE on 7th JULY 2008
[The Chief Minister, who had lost the support of his entire cabinet, and enjoys the support of only 2 legislators of the Congress Legislature party, who had been avoiding going to New Delhi for past one week on the pretext of stomach pain, finally had been sternly summoned by the Congress high command, and he is scheduled to meet Congress President Ms.Sonia Gandhi on 7th July 2008 10.A.M, who may send him to AIIMS hospital for curing his stomach pain. We submit the report of the Comptroller and Auditor General on his handling of the Tsunami funds, over which, Dravida Peravai had been spearheading a campaign for CBI enquiry. Let media men be in slumber by not even exposing CAG Report indictments, but like tsunami that struck by surprise, the Chief Minister who stage manages a clean image by throwing lavish advertisements even to monthlies, weeklies with less than 100 copy circulation, will be washed away to the dustbin of history. Of course he is the richest and purchasing power of that money will be witnessed from the day he steps down till next electoral verdict is written by the people of Puducherry….. N.N]
CHAPTER III PERFORMANCE REVIEWS 25 PERFORMANCE REVIEWS
This chapter presents two performance reviews on Tsunami Relief, Rehabilitation and Reconstruction, Functioning of Government General Hospitals and one long paragraph on Sarva Shiksha Abhiyan.
REVENUE AND DISASTER MANAGEMENT AND FISHERIES DEPARTMENTS
3.1 Tsunami Relief, Rehabilitation and Reconstruction Highlights: The Tsunami of December 2004 damaged 33 villages in the Union Territory of Puducherry. The Government provided assistance in cash and kind to the affected families. There was no comprehensive action plan to utilize funds received from Government of India. There were deficiencies in identification of beneficiaries for immediate relief and rehabilitation of Tsunami affected people. Assistance for repair/replacement of fishing crafts was delayed by 4 to 17 months after the calamity. There was delay in providing assistance for rehabilitation. Considerable delay was also noticed in reconstruction activities. Consequently, Tsunami affected families were not resettled as of September 2006. Monitoring of the implementation was poor. - Disaster Management Authority was not functional when Tsunami struck. Government of
(Paragraphs 3.1.6.1 and 3.1.6.2)
- Government of
Audit Report for the year ended 31 March 2006 - Though 2,006 houses were identified as damaged in Tsunami, Revenue Department did not restrict the payment of compensation only to house owners, but compensation was given to 5,247 families who claimed to live there. Scale of assistance prescribed by GOI was not followed. (Paragraphs 3.1.8.1 and 3.1.8.2)
- Government did not take action to claim and pay insurance amount due to active fishermen who died in Tsunami under the National Scheme for Welfare of Fishermen. (Paragraph 3.1.8.3)
- Assistance to fishermen was given 4 to 17 months after the calamity. (Paragraph 3.1.8.6)
- No comprehensive programme was evolved for infrastructure development for utilizing plan assistance. Out of 7,567 numbers of houses planned to be constructed, only 595 houses were completed as of November 2006 and of this, 495 houses were not allotted to Tsunami victims. (Paragraph 3.1.9.1)
3.1.1 Introduction: Tsunami is a series of waves generated when a large body of water such as a lake or ocean is rapidly displaced on a massive scale due to earthquake or volcanic eruptions. The impact of earthquake that had its epicenter off the Coast of Sumatra Island in
Chapter III – Performance Reviews the deceased, cash for funeral and medical expenses. Relief packages consisting of rice, kerosene, saree and dhoties etc., bed sheets and supply of textbooks, uniforms to affected children were also made during December 2004 to February 2005. Cash dole were given for purchase of utensils, repair of damaged houses, sustenance and loss of crop and livestock. Government also restored the essential services like water supply and electricity. As mid-term relief, the Government provided assistance for repair and replacement of fishing crafts and reclamation of agricultural land. Besides repairing public property like roads, bridges etc., the Government has undertaken construction of houses, public utilities and preventive measures such as construction of coastal protection belt as one of the permanent relief measures.
3.1.2 Organizational set-up: Immediately after the disaster, Government appointed (31 December 2004) Development Commissioner and Secretary (Education and Power) as the Relief and Rehabilitation Commissioner (RRC) to manage and co-ordinate the arrangements for distributing relief supplies received from
3.1.3 Audit objectives: The objectives of Audit were to assess: whether proper institutional mechanism had been set up byGovernment for disaster management, adequacy of funding for relief activities and whether utilisation ofthe funds was proper,
3 Agriculture, Animal Husbandry, Education, Fisheries and Revenue4 Agriculture, Animal Husbandry, Education, Electricity, Fisheries, Forest and Wildlife, Health, Local Administration, Public Works, Rural Development, Social Welfare, Tourism and Women and Child Development5 Over and above, Government of Maharashtra has also undertaken activities pertaining to construction of houses
Audit Report for the year ended 31 March 2006:28: the efficiency in providing immediate assistance and rehabilitation to affected families, the efficiency, economy and effectiveness of long term relief activities such as creation of assets and permanent infrastructure and resettlement of Tsunami victims, The quality of monitoring and co-ordination mechanism to oversee rehabilitation activities.
3.1.4 Audit criteria
The criteria adopted in conducting the audit were: Rules in force on disaster management and policy adopted by the Government; conditions stipulated by GOI and UT Government while releasingfunds; the details of assistance received from various sources; norms prescribed by GOI for expenditure from National CalamityContingency Fund (NCCF); Target and schedule prescribed by Government for rehabilitation work and Monitoring mechanism adopted for extending relief and rehabilitation.
3.1.5 Audit coverage and methodology: Audit was conducted from November 2005 to March 2006 in Revenue and 13 other departments6, PIA and District Rural Development Agency (DRDA). Records relating to the period December 2004 to March 2006 on relief and rehabilitation activities maintained in the 14 departments covering all the 33 affected villages and status reports on the activities of NGOs in PIA were test checked in audit. An entry conference was held with the RRC in January 2006 and field visits were undertaken.6 Agriculture, Animal Husbandry, Education, Electricity, Fisheries, Forest and Wildlife, Health, Local Administration, Public Works, Rural Development, Social Welfare, Tourism and Women and Child Development
Chapter III – Performance Reviews; 2 9: Audit findings
3.1.6 Disaster management
3.1.6.1 Institutional arrangement
Based on the GOI recommendations, the Government constituted a State Disaster Management Authority in September 2003 under the Chairmanship of Chief Secretary to ensure co-coordinated steps towards mitigation and preparedness when disaster strikes. A District Disaster Management Committee was also formed (September 2003) for extending immediate relief to disaster affected people. However, no Disaster Management Policy has been framed. After occurrence of Tsunami, Government constituted (03 January 2005) a Committee under the Chairmanship of Chief Minister to monitor and review the relief operations. Government also appointed a Relief and Rehabilitation Commissioner to manage and co-ordinate relief operations. Thus, the institutions set up to manage disaster were not functional at the time of occurrence of Tsunami. After notification of the Central Act in December 2005, the UT Government was to initiate action to frame Rules. But the Rules had not been framed as of October 2006. No framing of Disaster Management Policy in time resulted in the absence of set framework of actions to be undertaken upon occurrence of Tsunami. Government stated (November 2006) that GOI had been requested (October 2006) to bring the Central Act into force in the UT with effect from 2 October 2006 and the Rules as well as the state policy would be framed and finalized on receipt of GOI notification.
3.1.6.2 Construction of coastal shelterbelt: All the four regions of the UT are located in coastlines and prone for cyclone. In order to create a belt of trees in coastlines to reduce the impact of cyclone, GOI sanctioned (January 2001) Rs 90.32 lakh to cover 448 hectare of land under ‘Integrated Afforestation and Eco-Development Project Scheme’. The scheme was to be implemented during 2000-02. GOI released Rs 20.12 lakh during 2000-01 as first installment. The Forest Department spent Rs 3.40 lakh for creating coastal shelterbelt during 2000-01, but stopped the work due to objection raised by fishermen. As the first installment was not spent in full, the balance amount was not released by GOI. Only after Tsunami, the Department spent Rs 5.48 lakh during 2004-05. The balance amount of Rs 11.24 lakh remained unspent as of July 2006. Had the Department implemented the scheme in 2001-02 by obtaining the entire funds sanctioned by GOI, the impact of Tsunami on the lives and properties could have been contained and reduced.
Government stated (November 2006) that the Central scheme was not successful due to non-cooperation of the local fishermen community. This contention is not tenable as the Government failed to convince the Rules under ‘Disaster Management Act’ and Government policy on Disaster Management were not framed fishermen community regarding the benefits of the scheme for more than two years.
The UT Government sought (January 2005) Rs 465.99 crore for providing short term and long term relief to the Tsunami affected people. The activity wise details are given in Appendix XVI. The central team visited (January 2005) the affected areas and recommended Rs 312.37 crore. GOI sanctioned (March 2005 to March 2006) Rs 255.62 crore for Tsunami relief and released Rs 203.21 crore during the period March 2005 to March 2006. Government spent Rs 175.44 crore as of March 2006. The activity-wise details are given in Appendix XVII. Though the amount already released was not spent in full, GOI provided (2006-07) an additional plan assistance of Rs 220 crore for creation of infrastructure in Tsunami affected areas. Government stated (November 2006) that the report prepared in first week of January 2005 was tentative and did not include long term rehabilitation GOI sanctioned more funds than sought for, but the amount released was not spent
Chapter III – Performance Reviews: 3 1 requirement. This contention is not tenable as Rs 465.99 crore sought for by the UT Government included Rs 358.01 crore for reconstruction activities.
3.1.7.2 Overstatement of expenditure
The expenditure of Rs 175.44 crore includes Rs 107.15 crore drawn as advance by eight departments during December 2004 to March 2006, of which Rs 29.517 crore remained unspent as of March 2006. Test check revealed that Revenue and Fisheries Departments kept Rs 7.84 crore, released from funds received under RGRP, in bank (Rs 7.01 crore) and with PIA (Rs 0.83 crore).The remaining six departments kept Rs 21.67 crore received under plan assistance in bank (Rs 16.34 crore), with PIA (Rs 4.25 crore) and with DRDA(Rs 1.08 crore). Thus, actual expenditure was only Rs 145.93 crore. Government stated (November 2006) that many works could not be taken up due to enforcement of model code of conduct on account of election. The reply is not tenable as the amount was shown as expended without completion of works.
3.1.7.3 Diversion of funds and charging of excess expenditure
Against Rs 32.01 crore released by GOI for giving subsidy to fishermen for purchase of boats, the UT Government paid a subsidy of Rs 46.60 crore.The excess amount was met by diverting Rs 9.07 crore available as savings out of Rs 39.78 crore received under NCCF and Rs 5.52 crore out of Rs 30 crore received for reconstruction activities. Government attributed the diversion to payment of higher scale of compensation. Though cartage and storage charges are to be levied on deposit works only, the Electricity Department also charged Rs 13.33 lakh as cartage and storage charges on Tsunami works, which are Government works. This resulted in inflation of expenditure under ‘Tsunami Relief’.
3.1.7.4 Inadmissible expenditure
Out of the plan assistance of Rs 100 crore released by GOI during 2005-06 to create infrastructural facilities in Tsunami affected areas, Rs 52.59 crore was allocated to Public Works Department. Of this, the UT Government sanctioned Rs 11.19 crore for providing infrastructure in areas not affected by Tsunami as detailed below: 7 Agriculture (Rs 2.75 crore), Education (Rs 0.36 crore), Fisheries (Rs 2.01 crore), Forest and Wild Life (Rs 0.86 crore), Health and Family Welfare (Rs 2.21 crore), Local Administration (Rs 14.41 crore), Revenue (Rs 5.83 crore) and Rural Development (Rs 1.08 crore) Unspent amount was shown as expenditure Infrastructure was provided in areas not affected by Tsunami
3.25 Though Yanam was not declared as Tsunami affected,the works have been executed in Yanam.Construction of Women and Children Hospital, Puducherry7.94 The expenditure incurred during 2005-06 under the ongoing scheme ‘Construction of Women and Children Hospital’ in Puducherry, taken up before the occurrence of Tsunami was transferred to the scheme ‘creation of infrastructural facilities in Tsunami affected area’.
Total 11.19 the expenditure was beyond the scope of the programme. Government stated (November 2006) that flood control works in Yanam were taken up as nearby East Godavari District in Andra Pradesh was declared as Tsunami hit area and the Women and Children Hospital was situated within half a kilometer radium from the coast. These contentions are not tenable as Yanam was not declared as Tsunami affected area. Besides, the hospital work was sanctioned before the occurrence of Tsunami.
3.1.7.5 Unutilized assistance from other sources
In addition to GOI funds, the Government received assistance in kind (cloth, groceries, utensils, etc.) from public for providing immediate relief to the affected families. The materials not distributed were kept in stock for future use. Besides, Rs 2.59 crore was received from Members of Parliament Local Area Development Scheme remained unspent as of March 2006. GOI also allocated World Bank assistance of Rs 158.28 crore (May 2005) under ‘Emergency Tsunami Reconstruction Project’ for undertaking long term relief measures. Out of Rs 75 crore received and deposited with PIA, Rs 2.68 crore was spent as of March 2006. Though, the allocation was made by GOI in May 2005, no concrete proposals were sent even by March 2006 resulting in non-utilization of funds received. Government stated (November 2006) that proposals for Rs 135 crore for Fisheries, Agriculture and Forest sectors were sent to World Bank (May 2006) and of this, seven projects for Fisheries sector were approved for Rs 117 crore. However, no project was taken up even by November 2006.
3.1.8 Immediate relief and rehabilitation measures Immediately after Tsunami, the Government paid immediate relief assistance of Rs 15.66 crore to families affected by Tsunami as ex-gratia payment to family of deceased (Rs 5 crore), cremation expenses (Rs 0.25 crore), medical expenses to injured (Rs 0.44 crore), housing subsidy to damaged houses (Rs 9.28 crore), compensation for crop damage/ha (Rs 0.28 crore) and compensation for loss of cattle/poultry Chapter III – Performance Reviews 3 3 (Rs 0.41 crore). In addition, rice, kerosene, cloth, cash dole for utensils (Rs 2000) and sustenance (Rs 3000) were given to the affected families by Revenue and Fisheries Departments. The deficiencies noticed in the disbursement of immediate relief to the families affected in Tsunami are discussed below:
3.1.8.1 Identification of beneficiaries for payment of compensation -Housing Though only 2,006 houses were damaged in Tsunami in Puducherry, the Revenue Department had not restricted the payment of compensation to owners of the houses but paid compensation to 5,247 families who claimed to live in these 2,006 houses. Government stated (November 2006) that the families residing in the damaged houses suffered the loss. This contention is not tenable as the assistance was meant for repairing of the damaged houses which could be carried out only by the owners.
3.1.8.2 Non-adherence to scale for immediate relief assistance
Government of India released funds for ‘Relief and responses’ from NCCF.Though the UT Government sanctioned expenditure for relief on account of injury, loss of crops, livestock, etc., as per the norms prescribed in NCCF, Rs 6.21 crore were spent by Revenue Department during January 2005 to May 2005 in excess of prescribed monetary limit for providing gratuitous relief for death and assistance for repair and restoration of damaged houses as detailed below:
3.1.8.3 Non-obtaining of insurance benefits Under National Scheme for Welfare of Fishermen, GOI insured 24,500 active fishermen of the UT against accidents resulting in death or injury. Under the scheme, the Fisheries Department had to prefer the claims in case of accidents. Though 318 fishermen died in Tsunami in UT, the Department had not taken action to claim and pay Rs 50,000 per active fishermen who died. After audit had pointed this out, Government stated (November 2006) that action has now been initiated.
3.1.8.4 Deficiencies in identification of beneficiaries – Fishing Government have not enacted the Marine Fishing Regulation Act to issue license for fishing crafts under various categories owned by fishermen in UT. Consequently, the Fisheries Department could not identify the number of fishing crafts damaged or lost in Tsunami. This resulted in payment of assistance based on the affidavits given by fishermen. The Department paid assistance for repair/replacement of 7,878 fishing crafts in Puducherry and Karaikal regions till May 2006. While 17,208 men were required to operate 7,878 fishing crafts, only 13,867 active fishermen were available in Puducherry and Karaikal regions as per census (2000) conducted by the Department. Government contended (November 2006) that all crafts would not be operated at a given time for fishing and one fisherman would be engaged in more than one craft. The fact, however, remained that failure to enact the Marine Fishing Regulation Act resulted in non-identification of crafts damaged/lost and Government had to release assistance based on the affidavits. In Karaikal region, 2,067 fishermen were to be paid assistance for repair/replacement of fishing crafts as per survey conducted by a special team. Of this, 582 fishermen were given fishing crafts by NGOs. Against the remaining 1,485 fishermen requiring assistance, the Fisheries Department Paid assistance to 1,898 fishermen (Rs 15.49 crore) as of May 2006.Resultantly, assistance amounting to Rs 3.37 crore was also extended to 413 fishermen over and above the number of fishermen identified during survey by special team. Government contended (November 2006) that the NGOs would have extended assistance to fishermen who were already benefited from Government. This was indicative of poor monitoring.
UT Government for this purpose with other funds and kept them in savings bank account. This resulted in non-crediting of interest earned on the amount in Tsunami Fund for utilization in Tsunami Relief. Government attributed (November 2006) the delay to non-cooperation of village panchayatars and contended that the interest earned by the society would be spent only for the welfare of fishermen. These contentions are not tenable as the non-cooperation was due to improper assessment of beneficiaries and the interest earned on Tsunami Fund would be utilized for other schemes implemented by the society.
GOI approved (October 2005) the ‘Prime Minister’s Child Assistance Scheme’ which provided for deposit of Rs 51,000 in the name of the child who have lost one parent in Tsunami and were less than 18 years of age on the day of Tsunami. The monthly interest on the deposit should be paid to the surviving parent till the child attains the age of 18 years and the amount would be released thereafter to the child. The scheme was to be implemented from Prime Minister’s National Relief Fund (PMNRF).Though, the Director, Women and Child Development Department identified (December 2005), 172 children under the scheme and funds were received (September 2006), the deposits were not made as of October 2006.Government stated (November 2006) that the Department has been requested to release money. Assistance for repair/replacement of fishing crafts were given 4 to 17 months after the calamity Benefits under the Prime Minister’s National Relief Fund was not extended to people affected in Tsunami
Similarly, under Universal Health Insurance Scheme, approved by GOI(October 2005) for assistance from PMNRF, the persons in the Tsunami affected family were to be insured for death (Rs 2 lakh) and disability(Rs 1 lakh) due to accident. As a comprehensive insurance policy was not evolved, the scheme was not implemented (October 2006).Government stated (November 2006) that the list of fishermen to been rolled was sent to Insurance company and further action would be taken by the Insurance company. This indicates the poor co-ordination by Government with Insurance Company.
3.1.9 Infrastructure development and reconstruction
3.1.9.1 Delay in construction of houses
The UT Government decided (March 2005) to construct houses outside the Coastal Regulation Zone by purchasing land and allot them to families living in Tsunami affected areas. Out of 7,567 houses proposed to be constructed, 4,984 were to be constructed by NGOs and the Government of Maharashtra and 125 by PIA. The remaining 2,458 houses would be constructed by the beneficiaries with Government assistance. Besides, PIA had to provide infrastructure such as internal roads, drains, water supply etc., in all areas where houses were proposed to be constructed. As of November 2006, 595 houses were completed by NGOs, of which 100 houses were handed over to the beneficiaries and construction of 4,389 houses was under progress. While construction of 57 houses was taken up by beneficiaries using Government assistance in the land where the damaged houses were located, the remaining 2,527 houses were not taken up as of November 2006. As such only 100 out of 7,567 beneficiaries were resettled even by November 2006. Besides, construction of houses in the locations affected by Tsunami would defeat the objective of relocation.
3.1.9.2 Improper utilization of funds under plan assistance: Rupees 100 core received as plan assistance during 2005-06 from GOI were allocated to 12 line departments for development of infrastructure in Tsunami affected areas. Of this, Rs 84.09 crore were allocated to Agriculture (Rs 5.50 crore), Fisheries (Rs 6 crore), Local Administration(Rs 20 crore) and Public Works (Rs 52.59 crore) departments. Out of Rs 100 crore, Rs 97.91 crore shown as spent by the line departments. There was no comprehensive programme approved by PIA for utilising the plan assistance of Rs 100 crore. Consequently, the line departments treated the expenditure incurred under various ongoing works also under plan assistance for Tsunami. Test check revealed that the Public Works Department booked (March 2006) Rs 11.36 crore incurred on 13 ongoing Tsunami affected people were not resettled due to noncreation ofinfrastructure.There was no comprehensive programme to utilize the plan assistance given by GOI
Chapter III – Performance Reviews works which were sanctioned and work commenced even before the occurrence of Tsunami. Further, Rs 5.25 crore was spent on construction of court building which could not be termed as Tsunami related work. Government contended (November 2006) that the works were executed only in coastal areas, which are prone to natural calamity and many ongoing works were damaged in Tsunami. These contentions were not tenable as the GOI assistance was meant for creating assets in Tsunami affected areas.
Departments had to identify the works required, which resulted in diversion of funds and undertaking works not related to Tsunami. The failure to enact the Marine Fishing Regulation Act resulted in non-identification of beneficiaries for rehabilitation, payment of assistance on the basis of affidavits and extent to which the benefit was availed by victims of Tsunami being not ascertainable. Failure to claim insurance resulted in deprival of benefits to fishermen. There were delays in release of assistance to fishermen. Reconstruction works were delayed considerably and the funds received remained unutilized. Schemes to benefit orphans and families affected in Tsunami were not implemented. Monitoring of the various activities by RRC and PIA was also inadequate.
Recommendations
STORY OF AUROBINDO ASHRAM TRUST HOUSE GRABBING COMES UP BEFORE SUPREME COURT
The famous House Grabbing case involving Aurobindo Ashram is listed before Supreme Court and likely to be taken up on July 11th of 2008. India’s first Finance Minister and Constituent Assembly Member R.K.Shanmugam Chettiar’s heir Mr.R.K.Selvarajan Chettiar owns three properties, known as Ragavan House, Columbani House and Kothandapani Godown.These properties were rented out to Aurobindo Ashram for past so many years. Suddenly a conspiracy was hatched to forge a gift deed of these properties in favour of Mr.R.K.Selvarajan Chettiar’s son Murugavel, and from him the Aurobindo Ashram Trust headed by Mr.Manoj Das Gupta bought these properties, but in order to fool the owner, continued to pay the rent. Mr.R.K.Selvarajan Chettiar came to know of this cheating and lodged a complaint with the Pondicherry Police, which refused to register the case, as usual. Mr.R.K.Selvarajan Chettiar approached the High Court of Madras which issued orders to register the case, thereafter an FIR was filed on The Managing Trustee of Aurobindo Ashram Trust Mr.Manoj Das Gupta, among others. Mr.Manoj Das Gupta obtained anticipatory bail in this case. In an interview to SUNTV by 2003 end, I had openly told about this anticipatory bail. Had he been a Minister hue and cry seeking his resignation would have erupted, but being a Trustee of an Ashram, which had been suspending anyone who murmurs within using denial of food as weapon, for which few who dared to open their mouth are climbing the stairs of various Courts.
The Police who filed the charge sheet later had conveniently omitted the Managing Trustee. The first accused, namely R.K.Selvarajan Chettiar’s son Murugavel had approached for relieving him in this case, which was turned down by local court and High Court. Suppressing the fact about criminal cases pending before local court, he had appealed in Supreme Court, the case is coming up on July 11th 2008. This House Grabbing case over years had been reported here in New Indian Express, Dinamalar, and SUN TV. But at national level televisions or English and Hindi dailies, have yet to throw light on this case. We live in days when media acts as watch dogs of society. The role of media in taming dictatorial governments is past history during the times of Ramnath Goenka’s who fought emergency. Let present day journalists turn their eye on ashram. We from politics are scoundrels, because there is a saying that politics is the last resort of the scoundrel. But there are more dangerous people within spiritual empires; they too deserve the same media expose, where we politicians are brought to our knees before the ultimate masters in a democracy, the people of
SUPREME COURT OF
Case Status PENDING Status of: Special Leave Petition (Civil) 2223 Of 2007
S. MURUGAVEL .Vs. R.K. SELVARAJAN & ANR.
Pet. Adv.: MR. K.K. MANI Res. Adv.: MR. BIJAN KUMAR GHOSH
Listed 3 times earlier Next Date of listing is: 11/07/2008
Let nation’s eye turn towards Supreme Court on July 11th 2008.
N.Nandhivarman General Secretary Dravida Peravai.
NEWS
PROFESSIONAL LAWYER IN THE HIT LIST OF ASHRAM AUTHORITIES
Silencing mode of Ashram authorities continues……..
A very interesting case in question is that of a pious devotee, who had left his home and hearth in Visakhapattinam to perform sadhana to Sri Aurobindo and Mother, but now unfortunately is in the hit list of the Ashram trustees.
And pray what was his heinous crime; being a professional advocate and having served as a legal adviser for the Ashram trustees, he refused to go hand in glove with the transactions prevailing in the Ashram. Since he could not be a mute spectator and party to the alleged objectionable activities, he relinquished his job as a legal advisor in Feb, 2002.
PP Raghavachary, (43) an advocate hailing from Andhra Pradesh came to the Ashram in the year 1994. For four years he had served in the
He said that during this period, he got to know about many unethical activities that SAAT was indulging in; he tried his level best to show the right path legally, which they were not heeding and in this connection cases were still pending against the trust management.
Media reports allegedly stated that Vasanth Pati, an Ashramite inspite of his alleged shady background is still part of SAAT. The advocate told NP that Pati had forged signature of the trustees and managed to siphon Rs.45 lakhs from a potential property buyer. When the buyer came to know of this, he lodged a complaint at Odiansalai Police station.
Recently the Tamilnadu police arrested this person on
Interestingly, the Pondicherry CID Police who were reluctant to register even FIR in the Raghavan Chettiar case were forced to do so by the direction from the Madras High Court. Manoj Das Gupta the present Managing Trustee of the Ashram, whose name figured in the FIR, was dropped out when CID Police filed the Charge sheet recently in C.C. No.170/2005, in spite of material evidences against him.
Since the activities of the Ashram trustees were exposed, he accuses that henchmen were hired to silence him. When well-wishers cautioned him, an alert Raghavachary left to Chennai that became his abode for a year from April 2003 till April 2004.
Meanwhile the trustees broke open his house and dumped his belongings in “Terrain Jalad” a cow shed in Kuruchikuppam. When he became aware of the developments, he contacted the trustees who threatened that the possessions would be returned only if he signed in blank papers.
In this backdrop Raghavachary dispatched letters to Lt. Governor, I.G.P Chief Secretary, National Human Rights Commission, N.Delhi and Chairman of Bar Council of India, but all in vain.
Not willing to become a prey, he preferred a civil suit instead, demanding his house, possessions and restore his life in the Ashram including food and other facilities at the Ashram denied to him till then. It is alleged that around 30 inmates who have put their foot down are denied their basic rights; some succumb, as they have no other alternative, while others like Raghavachary fight it out.
Under the directions from the Principal District Munsif, 1264 items were returned on April 2004, 15 items are yet to be returned by the trustees that include Computer, geyser, books, CD’s, cash, gold etc.
Raghavachary also initiated Criminal proceedings before Chief Judicial Magistrate in a Private Complaint C.C. No. 173 of 2004 for various offences of House-breaking, Theft in a dwelling house, Criminal intimidation.
Meanwhile on
Raghavachary believes that as he has filed criminal cases against the Ashram trustees, he is secure and believes that God will protect him. At this juncture in the eventuality of danger to his life and limb, he affirms that if anything were to happen to him, the fingers would automatically point hands to the Ashram trustees.
BOX ITEM I
Going about the status of cases against SAAT and trustees from the year 1986 onwards, it is alleged that 65 cases came about out of which many are still pending in High Court, Supreme Court and Chief Judicial Magistrate, Pondicherry and various other Courts.
A very interesting case in question is that of a pious devotee, who had left his home and hearth in Vishakapattinam to perform sadhana to Sri Aurobindo and Mother, but now unfortunately is in the hit list of the Ashram trustees.
BOX ITEM II
Later, in order to probe further in the Raghavan Chettiar house scam in 1999, CID sleuths recorded Sec.161 Cr.P.C. statements from Raghavachary.
Interestingly, the Pondicherry CID Police who were reluctant to register even FIR in the Raghavan chettiar case were forced to do so by the direction from the Madras High Court, Manoj Das Gupta the present Managing Trustee of the Ashram, whose name figured in the FIR, was droped out when CID Police filed the charge sheet recently C.C. No. 170/2005, in spite of material evidences against him. [Courtesy: News
From:
PP RAGHAVACHARY,
Advocate-Inmate of Sri Aurobindo Ashram
S/o PP Sriramachary
I Floor, No.15,
Pondicherry-605 001
To
Grand Bazaar P.S.
Pondicherry-605 001
Sub:- Attempt to commit murder, Criminal intimidation of threatening to kill- assault and grievous hurt–causing damage to property-by throwing sealed beer- bottles by some persons.-Reg
Challenging forcible dispossession and other uncivilised acts, I filed O.S. No. 156 of 2004 on the file of Principal District Munsif at Pondicherry against Sri Aurobindo Ashram Trust and its Trustees and in the said suit the Hon’ble Court had granted interim mandatory injunctions in I.A. Nos. 660 of 2004, I.A. No. 661 of 2004 and I.A. No. 1344 of 2004 and restored possession, restored personal effects and restrained the Ashram Management from withdrawing facilities of food and shelter and other basic facilities enjoyed by me as an inmate of the ashram.
Yesterday i.e., 29.06.2008 at about 10.20 p.m. while I was working on the computer which is 5 to 6 feet away from my balcony window in the 1st Floor at No. 15 Sri Aurobindo Street, Pondicherry-605001, I heard the sound of bursting of bottles and my right side window glass broke into pieces and fell in the sofa where I usually sit. Soon, I tried to approach near the window I heard the sound of another bottle whirled. In this regard, I suspect that some Ashram persons who are close to the Ashram Management must have done such a criminal act. There are certain habitual offenders like Vasant Kumar Pati (aged 56 years) Ashram Inmate, ‘Maret Garden, No. 1 Nethaji Nagar, Uppalam Main Road, Pondicherry could have committed such a crime on instigation from the Ashram Trustees. The said Vasant Kumar Pati has previous enmity against me in the house-breaking case filed by me in C.C. No. 173 of 2004 which is now pending before the Hon’ble Madras High Court in Crl. R.C. No. 1601 of 2005. Besides the said Vasant Pati is a habitual offender and was involved in several cases in Crime No. 64 of 1997 registered by Odian Salai P.S. for the commission of offences of forgery, cheating and conspiracy, C.C. No. 233 of 2005 in Crime No. 202 registered by Odian salai P.S. on the file of Hon’ble CJM at Pondicherry, Crime No. 28 of 2004 registered by Central Crime Branch, Saint Thomas Mount, STR No. 4900 of 2005 Crime No. 31 of 2005 registered by Muthialpet P.S. The said Vasant is also believed to be involved in some cases at Villuppuram and other places also. The motive behind attacking me is to remove the hurdle for the Ashram Trustees and to show his loyalty and to protect the Ashram Trustees and others by and against whom several cases numbering to about 163 were filed so far.
I earnestly request you to take appropriate action against the offenders.
Thanking you,Yours faithfully, (PP RAGHAVACHARY)
IN AUROBINDO ASHRAM WIFE MURDERING HUSBAND IN CONSPIRACY WITH HER PARAMOUR”
Sonali Mukherjee, who belongs to Aurobindo Ashram of Pondicherry was a beauty queen. She belongs to West Bengal and she was followed by youth wherever she went. In the year 1984 she married Biswajit, who belongs to West Bengal. After marriage Sonali Mukherjee got acquainted with Ashatit Poddar, who was holding a high position in Aurobindo Ashram Publications Department.
This contact later turned into a love-affair and both Sonali Mukherjee and Ashatit Poddar started illicitly to live together as husband and wife. At this point Biswajit has warned his wife Sonali Mukherjee. At one point Sonali started ignoring her husband Biswajit and insulted him. Biswajit went to Calcutta and when he returned, Sonali Mukherjee and her illicit lover Ashatit Poddar went to Chennai railway station to receive him. While the three were returning to Pondicherry in the car, in the backseat, Sonali Mukherjee and Ashatit Poddar were sitting left and right whereas Biswajit was seated in the middle. At that moment Biswajit has questioned angrily about the behaviour of his wife. Sonali Mukherjee who was habituated to smoking and along with her illicit lover both have inflicted cigarette burns on the body of Biswajit.
Biswajit and his wife Sonali Mukherjee stayed that night in their house. On the same night joining hands with her illicit lover, had administered poison to her husband to death. One Subash, who was working in their house, attempted to prevent but the wife and her lover told him that this is a problem between them and told him not to interfere. They locked Subash in a room and threatened him that he will be killed if he tells the truth out.
The body of Biswajit, who was killed by poisoning, was taken to JIPMER Hospital and post-mortem was done there. In that post-mortem the marks of the cigarette burns and a wound caused by a weapon and scratches caused by the nails and also the death caused by poison had been found out. In this mysterious death, Pondicherry police booked Sonali Mukherjee and her lover Ashatit Poddar as prime accused and registered a case and investigated. The police who investigated the matter registered this as a mere assault and but not as a case of murder. The Chief Judicial Magistrate Judge fined both Rs.500/- as fine.
The servant, who escaped from Pondicherry, went to Calcutta and told the father of Biswajit, Dr. S. Bhattacharya, who is a well-known orthopaedist, about what has happened at Pondicherry. Dr. Bhattacharya came to Pondicherry, met the Inspector General of Police and told that he has suspicion about his son Biswajit’s death and gave a petition urging for a proper enquiry. The police did not take any action and delayed. Subsequently Dr. S. Bhattacharya filed a private complaint in the court. On the basis of this complaint police registered a case and the court confirmed it as a murder and gave life-sentence and one month rigorous imprisonment to both the illicit lovers.
Both the accused appealed against this verdict in the High Court of Madras. In the appeal only was filed only against Police as the respondent. The learned Justices, who enquired this case, reduced the life sentence of Sonali Mukherjee to 9 years and released Ashatit Poddar.
Pondicherry police first filed an appeal in the Supreme Court of India. Subsequently the father of the deceased also appealed in the Supreme Court and so Pondicherry police withdrew its appeal. Sonali Mukherjee, who had been sentenced to 9 years by the High Court, also filed an appeal for cancelling her sentence and releasing her in this case.
The Division Bench of the Supreme Court, comprising of Justice M.B. Shah and Justice T.M. Dharmadhikari, had ordered for all the three cases of criminal appeala in Cr.A. Nos. 673/2001, 835/2002, 836/2002 to be heard together. For many years this case was continuing in the Supreme Court and it is going to be taken up after the current Supreme Court vacation. The Division Bench of Justice B.N. Agarwal, Justice Singhvi, Justice Aftab Alam, had issued orders to this effect.
BOX ITEM
If anyone in the cabinet or politics get caught in criminal cases it is democratic tradition for them to step down. The spiritual organisation Aurobindo Ashram has no teacher after Aurobindo and Mirra Alfassa and her President post is kept vacant. The Managing Trustee Manoj Das Gupta did not expel Ashatit Poddar from Ashram after the trial court convicted him in a murder case. One person who is caught in the controversy of murder continues to hold high position in the Publication Department of the Ashram. The people suspect that the influence of Aurobindo Ashram is behind Ravi Shah, who remains uncaught in the Parvathy Shah murder case till date. This illicit-affair murder case which had taken place years before Parvathy Shah murder is still pending in the Supreme Court and the people indicted in this case are shamelessly kept in higher positions without being expelled from the primary membership. This shows that the Ashram sewage-gutter is stinking more than the political sewage-gutter said Mr. Nandhivarman, General Secretary, Dravida Peravai.
SUPREME COURT OF INDIA
Case Status PENDING
Status of : Appeal Criminal 673 Of 2001
SONALI MUKHERJEE .Vs. UNION OF INDIA
Pet. Adv. : MRS V.D. KHANNA Res. Adv. : MR. V.G. PRAGASAM
Crl. Appeal No. 673/2001 filed by Sonali Mukhejee
Crl. Apeal No. 835/2002 filed by Dr. S. Bhattacharya agaisnt Ashatit Poddar(A1)
Crl. Apeal No. 836/2002 filed by Dr. S. Bhattacharya against Sonali (A2)
All three case are clubbed and going to be heard together on 15/07/2008
Next Date of listing is : 15/07/2008
[English Translation of Story on Sri Aurobindo Ashram inmate “Ashatit Poddar” appeared in Tamil Weekly “Makkal Manasakshi” on 21.05.2008 ]
APPEAL TO UNESCO AND INDIAN GOVERNMENT TO RECONSIDER FUNDING AURO-VILLAGE
The Other side, journal for Socialist Action and Thought Volume 17, Number 9 of October 1997 edited by Comrade George Fernandes published my interview titled Aurobindo Ashram Takeover by Central Government Demanded and a sub title Dravida Peravai General Secretary Speaks, wherein the editor gave his introduction as follows:
“There has been a persistent demand for the take over of the Aurobindo Ashram in
Nandhivarman has over years been exposing for public view the unsavory goings on in the Ashram, which have brought this once hallowed place into disrepute. We are publishing here below a question answer report which is an interview with Nandhivarman. We hope the authorities will take note of this report and take action in the matter before it is too late to stem the rot.”
Aurobindo Ashram is a religious institution. The demand of various political parties for take over of the Trust by the Government amounts to interference in religious matters. What is your comment?
In the Shirur Mutt Case [AIR 1954 SC 282] the convention is laid down. “The Court noticed that while cl[b] of Article 26 guaranteed religious denomination to manage its own affairs in matters of religion, other clauses of the Article dealt with the right of a religious denomination to acquire and own property in accordance with law.
The administration of its property by a religious denomination having thus been placed on different footing from the right to manage its own affairs in matters of religion [page 290 of AIR] .The latter is a fundamental right which no legislature can take away, whereas the former can be regulated by laws with legislature can validly impose.
Mr.F.S.Nariman argues that Aurobindo Society was registered under Societies Registration Act 1960, and purely a religious society could not have been registered under Societies Registration Act. Section 20 of Societies Registration Act provides what kind of societies can be registered under the Act. It does not talk of religious institutions. Of course it includes a society with charitable purposes. The Memorandum of Association does not talk of any religion.
The Society professed to be a scientific research organization to the donors and got income tax exemption on the footing that it was not a religious institution. The Society has claimed exemption from income tax under section 80 for the donors and under section 35 for itself on that ground. Aurobindo Ashram was different from Auroville. The Ashram Trust had applied for Income Tax exemption and got on that very ground. The teachings of Aurobindo only represented his philosophy and not a religion.
It is evident from the excerpts of the Supreme Court judgment in the S.P.Mittal vs. Union of India [AIR 1983], that the teachings of Aurobindo are not religion. Hence we cannot be accused of attacking religion. Tax exemptions were obtained for specific purposes and we are within our limits in demanding the Government to oversee whether the exemptions availed is put into proper use. And if found contrary, cancellation of exemptions and take over of the trust is demanded.
Further Aurobindo in his writings categorically states: “An ashram means the house or houses of a teacher or master of spiritual philosophy. All depends on the Teacher and ends with his life time, unless there is another Teacher who can take his place. The Ashram is not a religious association [16th February 1934]
After Aurobindo and the Mother there is no Ashram. The Ashram ceases. The question before us is concern about mismanaged trust and its tax evasion. The responsibility of the Government to monitor conditions is a political affair and parties are within their rightful limits in raking up issues pertaining to Ashram…… so Nandhivarman continues the interview in The Other side. Like commercial break in TV serials, let us take a break here to know tampering of Aurobindo’s lines quoted above by two Americans.
Let me quote from OUTLOOK dated 15th March 1999 titled Editing Aurobindo: The Trustees of the Aurobindo Ashram are accused of tampering with his original works.
“SAAT was formed in 1956, six years after Aurobindo’s death and the copyright was obtained much after the death of the author, and hence SAAT has no authority to tamper with the original versions. The main grouse though is in the deletion of a sentence that actually calls for the ashrams winding up. Pranab Bhattacharya, the ashram’s physical education director, points out in his book I Remember “The editor must have thought, himself to be very clever in avoiding one line and bringing changes perhaps thinking that it could change the Ashram’s fate. The line in question is in The Teachings of Sri Aurobindo and Sri Aurobindo Ashram” first published in 1934. In that Aurobindo explains his concept of an ashram. “An Ashram means the house or houses of a Teacher or Master of spiritual philosophy in which he receives and lodges those who come to him for the teaching and practice. An ashram is not an association or a religious body or a monastery, it is only what has been indicated above and nothing more. Everything in the Ashram belongs to the Teacher. The sadhaks [disciples] have no claim, right or voice in any matter. They remain and go according to his Will. Whatever money he receives is his property and not a trust or fund, for there is no public institution. Such ashrams have existed in
So far we have dealt on our party and other 10 political parties joint demand for takeover of the Ashram Trust, please note not the Ashram but Ashram Trust. We are not going into the debate whether ashram exists or not, as debated in OUTLOOK and later in Courts of this land up to Supreme Court. As public we know there is a samathi, which attracts his followers. It has been the practice in Tamilnadu over the burial places of Siddhars; idols of Gods will be installed and made into temples. In famous
Power corrupts, absolute power corrupts absolutely. The Trust Board is trending the wrong path, inmates lament, and any comments?
Nandhivarman:
In Pre-cast Concrete work Trust also he holds a position. The complete control of the major businesses by an old man who refuses to retire proves the power craziness of the Ashram ruling clique. Oriya writer Manoj Das for undisclosed reasons resigned from the post of Aurobindo Ashram Trust. But he remains Trustee of Udyog Trust. Mr.Manoj Das Guptaji is against one-man one-post principle. He is the scheming Trustee who has his eyes on the coveted Managing Trustee’s post. He is also the Registrar of the
[Break]
This is in 1997.Currently he is the Managing Trustee of Aurobindo Ashram Trust, wherein the President post occupied by French woman Mirra Alfasa is kept vacant. So a decade ago we campaigned against power mongers grabbing positions and multiplicity of sub trusts within Aurobindo Ashram Trust first initiated by Lawrence Marshal Pinto, a Goan. Now we see similarity in Auroville Foundation too. The information provided to us under Right to Information Act is given below, so that you can arrive at your own conclusions.
1. Artisana Trust: Mr.Michael Hutin and Ms.Mariam Isaac
2. Ankur Trust: Ms.Abha Tewari, Ms.Suzane Sabatier
3. Filaure Trust: Ms.Valerie Anne Tait, Mr.Michael Tait
4. Free Flow Trust: Mr.Frederic Laurent Codonnier, Ms.Martina Anna Maria Lj, Mr.Oliver Hetzel
5. Toujours Mieux Trust: Mr. Robert Leo Trunz, Mr. Jan V.D.Dikkenberg
6. Auromics Trust: Ms.Roberta Keeping, Mr. André Deplechin
7. Auroville Export Trust: Mr.Jan Imhoff, Mr.Hemant Lamba
8. Health and Healing Trust: Ms.Hilde D’Hiedt, Mr. Albert Zwaan, Mr. Jacques Verre
9. Auroville Service Trust: Mr.M.Ponnusamy, Mr. Ulrich Wolfgong Bretschneider
10. Arvinda Trust: Mr. Paul Pinthon, Ms.Laura Reddy
11. Kalki Trust: Mr.Paul Pinthon, Ms.Laura Reddy, Ms.Adelina Intanno, Mr. André Hababou
12. Altecs Trust: Mr.Clement Gruttman, Mrs.Christa Gruttman, Mr.Bernard Grenier
13. Guest House Trust: Ms.Simonette Smits, Ms.Srimoyi Rosseger, Ms.Afsaneh Bader
14. ABC Trust: Mr.Carsten Michelsen, Mr.Marco Feira
15. Kattida Kalai Trust: Mr.Moreno Jean Marc, Mr.Herrea Carlos, Mr.M.Palani
16. Discovery Trust: Mr.P.Karuna, Mrs K.Uma, Mr.Jean Francois Bertaux
17. Mereville Trust: Mr.Ragnetti Gianfranco, Mr.Pratap Chatterjee
18. Auromitra Trust: Mr.Peter Clarence Smith, Mr.E.Rathinam,
19. Inside Trust: Mr.Klaus Onken, Ms.Shama Dalvi
20.
21. ADPS Trust: Ms.Van Der Vlugt, Mr.Franz Fassbender, Mr.Bobby Patel
22. Aurore Trust: Mr.Hemant Lamba, Mr.Theo Hekena Baetens, Mr.Gilles Alex Andre Guigan, Mrs.Suhasini Ayer Guigan
23. CSR Trust: Mr.Gilles Alxe Andre Guigan, Mr.Theo Helena Beatens, Mr.Hemant Lamba, Mrs.Suhasini Ayer Guigan
24. Aurosarjan Trust: Mr.Wolf Pfeifer, Mr.Stephen Himmer
25. Auromode Trust: Ms.Adelena Intannio, Mr. André Hababou
26. New Engineering Trust: Mr.Pierre Elouard. Ms.Joy Choudry
27. For all Pour Tous Trust: Ms.Francoise Gabelle, Mr. Oliver Hetzel
28. Swagatham Trust: Ms.Judith Robinson, Mr.Jean Francoise Bertaux
29. Sangamam Trust: Ms.R.Meenakshi, Mr.Joseba Martinez Burdaspar, Mr.Sanjeev Agarwal, Mr.M.Ponnusamy
30. Animal Care Trust: Ms.Shivaya Ruth, Mr.Kalyan Nag, Ms.Bhavana Dee Decew
31.
APPEAL TO UNESCO and
These are the sub trusts under Auroville Foundation and its Trustees. We have nothing personal against any one of them with clean records and service record to people. While I was discussing this with a BJP leader, he wondered, how come all Trusts have Christians as Trustees, and to him I told it surprises me why your Murli Manohar Joshi backed up these Christians and gave approval for the Master Plan , which will make Tamils or Indians second class citizens in Auro-village of 1619 citizens. If for 1619 people there are 31 Trusts, what for, what purpose it serves for, why a Government of India organization under Human Resources Ministry should keep under its umbrella so many trusts, and do they have any relevance to the Integral Yoga of Aurobindo or any of his teachings ?. It is crystal clear, that as in Aurobindo Ashram Trust where in 1967 a Goan Christian, if that will be a word nice to the ears of next ruling aspirant party in Union Government, here also creation of sub trusts are for tax exemption and nothing else. These are commercial enterprises, said bold officials of Income Tax department and waged legal battles against Ashram sub trusts in various courts, before decades Courts gave favorable verdicts in favor of the Income Tax department.
Dravida Peravai demands abolition of so many trusts under Auroville Foundation. There is no need to have so many sub trusts; they can be managed by Auroville Foundation as ONE DEPARTMENT under Human Resources Development Ministry. UNESCO and other donors, who get carried away by the beautiful language of Aurobindo and his teachings, should not encourage the set up of an international city in Indian soil. If an international city is to be set up, for just 1619 people it is criminal waste of public money which no way benefits local people. Let UNESCO spend money on the poorest of poor in
It is high time Human Resources Development Minister Arjun Singh takes note of this Social Injustice, and order for a high level probe into the working of these sub trusts, in order to abolish them and merge them under Auroville Foundation, which will have government control and accountability to Indian public, and I am exercising my birthright as Indian to appeal to Indian Government, and no foreigner can snatch that right from indigenous people in any country of our civilized world
N.Nandhivarman General Secretary Dravida Peravai
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