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After a 45-minute discussion, the special executive council of The Federation of the Parsi Zoroastrian Anjumans of India (FPZAI) by a vote of 14 in favor and two abstentions passed two resolutions authorizing the Federation to intervene in the Originating Summons (OS) initiated by Calcutta residents Prochy Mehta and Sanaya Mehta Vyas (see "The Calcutta cauldron,” page 6) in the Calcutta High Court (CHC). An offer by Russi Jeejeebhoy, FPZAI East Zone vice president and senior trustee of the Calcutta Zoroastrian Community’s Religious and Charity Fund (CZCRCF) to discuss the issue was preempted at the meeting at the Banaji Atash Behram Hall on July 30, 2017.

 

 

 

 

 

 

 

Of the two members who abstained, Pervez Irani of the Iranian Zoroastrian Anjuman and Adil Nargolwala of Delhi, Irani was barred from proceeding with the discussion by FPZAI president and chairman of the Bombay Parsi Punchayet (BPP) Yazdi Desai evoking clause 35 of the all-India body’s constitution that authorizes the president to curtail any discussion at his discretion.
The 13 who supported Desai’s resolution included four zonal vice presidents, four co-opted members, one BPP trustee and the anjuman representatives of Bilimora, Nargol, Jabalpur and Jhansi.
Since the two Calcutta women have sought the interpretation of the CHC on whether navjoted children of Parsi women who have married out of the community may be regarded as Parsis professing the Zoroastrian faith and whether they are entitled to worship at the Late Ervad Dhunjeebhoy Byramjee Mehta’s Zoroastrian Anjuman Adaran, Desai’s rationale as conveyed in his circular letter of July 13 to the council members read, "It is important that the FPZAI makes an application for intervening in the suit in order to safeguard the interest of Parsi Zoroastrians and anjumans of India such that the legal definition of Parsi Zoroastrian as followed in India is not disturbed.”
While the first resolution authorized the Federation "to make appropriate and necessary application as legally advised to the Calcutta High Court to intervene in the suit,” the second resolution authorized the "president and/or any vice president of the zones to represent the FPZAI in these proceedings and to act on its behalf ... and take all other such proceedings that may be necessary ...To approach Parsi Zoroastrian scholars who are well known in the community or internationally acclaimed in the field of Zoroastrian studies and theology and seek their expert opinion, evidence in the suit.”
At the start of the meet Desai had specified that every member would be given three minutes to voice their concerns. Among the issues Irani raised was "Who had drafted the resolution and on what basis? If the BPP trustees are not united, what advice will they be giving the legal person? ... We as the Federation have to give an opinion in one voice… The concerned trust (Late Ervad Dhunjeebhoy Byramjee Mehta’s Zoroastrian Anjuman Adaran) is not a member of  FPZAI.” According to Desai, the resolution was drafted by Mulla and Mulla through its legal consultant Manek Kalyaniwalla. "The BPP is not intervening but FPZAI (is). The BPP has not officially recorded dissent or consent. If it goes to vote (at the BPP), I presume the three of us who are present today (Viraf Mehta and also sitting in at the meeting, Armaity Tirandaz) will vote for and the other three (Noshir Dadrawala, Kersi Randeria and Zarir Bhathena) may vote against. Since I as the chairman have the casting vote, the resolution will be carried… All six trustees don’t have to sign an advice… The majority always rules.”
As explained by Kalyaniwalla, "The bedrock or substratum… of trust deeds of most agiaries are based on the same parameters.” Agiaries were opened for "Parsi Zoroastrians” and not "limited to Parsi Zoroastrians living in that area,” in this case, Calcutta. As to whether the FPZAI should intervene now or at a later stage, the lawyer explained, "The law protects those who are vigilant and not those who are dormant. The court would say, ‘Why did you not come to us when you had a chance?’ If you feel threatened, that your legal rights may be affected or abrogated you have to approach the court.”
When Nargolwala sought to ascertain whether third parties can intervene in an OS, Kalyaniwalla explained that an OS seeks the "court’s interpretation on ambiguities or conflicting interpretation of statements in certain documents… As per the principles of natural jurisprudence, a judge would always hear all the sides but you have to first show the right to be heard and what right will be infringed. You have to make a representation to show you are a beneficiary.”
Apprising the executive council of the phone call he had received from Jeejeebhoy, Kalyaniwalla noted that the Calcutta trustee is "very much stressed and he sought my intervention… Before passing a resolution and wasting money, he thinks it is better we sit and talk…find a via media first… He wants to find a solution... He feels it is better than publicity in the national Press.” Since Jeejeebhoy is presently confined to his house due to ill health, Kalyaniwalla impressed upon him that everything has to be done in a time bound manner knowing that the matter is due to come up in the High Court in six weeks.
"What Prochy is doing will affect the definition of a Parsi Zoroastrian…It goes against the very foundation of our existence… If the court decides to alter or infringe it, that will go against the essence of our identity... The Government of India recognizes our need to survive. It is asking us to grow our population as versus controlling it,” feared Desai, invoking section 35 of the rules and regulations to "stop any further discussions... Let us stop, debate and move forward.”
"Refrain from chat. During dialog we may be convinced not to intervene,” advised South Zone vice president Cmde Medioma Bhada (Retd), "I strongly suggest we exercise caution.” As per his impression, "There is a tacit understanding with the whole of Calcutta community actually being in favor of allowing this to happen.”
"If tomorrow the trustees allow (navjoted children of outmarried women), can it set a precedent for other agiaries?” enquired Viraf. "We have to see the trust deed,” responded Kalyaniwalla. While the community in the early 20th century "wanted to conserve the religion more, today they may want a more inclusive society.”
When Irani enquired how a Parsi Zoroastrian is defined, Desai referred him to section 1(e) of the Federation constitution before adding, "I will  have to shut down your mike if you don’t stop.”
Earlier when Viraf enquired how the FPZAI proposed to fund the legal costs of intervention, Desai responded, "We have funds coming in from the sale of Dharwar property.” Can sale proceeds be used for such a purpose? persisted Viraf. "Of course it can,” asserted Desai. "One of the Federation objectives, 3 (iii) states ‘to promote and safeguard the interests of Parsi Zoroastrians and anjumans of India.’”
Jested West Zone A vice president Mancher Mubarakai, "If we fall short of funds we will come to you (the BPP).” According to Bhada, "This is such an important matter with ramifications on the future of this community. We should not shy away… Even if we have to go to the Supreme Court…we should ensure that funding is available by hook or by crook, sorry not by crook.”
As Nargolwala asserted later, "The outcome of this meeting was a foregone conclusion… The anjumans who said yes should fund this legal battle. Why not put your money where your mouth is?… Defunct anjuman (sale) money should be used for the poor and needy, for humanitarian purposes.” Whilst Desai believed he was working for the greater good of the community, Bhada considered the issue of funding "a fractious discussion… a red herring.”
"It is always preferable to talk,” Kalyaniwalla made one more attempt to influence the council. Desai though proceeded to thank those who had come and announced lunch when some coteries continued with their discussions.
As against the required quorum of five members, 16 of the 36 members were present at the meeting. Supporting Desai were vice presidents Mubarakai, Sam Chothia of West Zone B, Tehmton Anklesaria of North Zone and Bhada. Jeejeebhoy had conveyed in his lengthy reply on July 24 (see "We remain united”) that he would not be attending the "totally irregular meeting” for he considered it "an infringement on the autonomy guaranteed to member associations of the FPZAI.” From the four other BPP trustees who are on the executive council, Viraf voted in favor (Federation honorary secretary Noshir Dadrawala, honorary treasurer Zarir Bhathena and Kersi Randeria did not attend the meeting) as did coopted members, Federation joint honorary secretary Farrokh Rustomji, Minoo Khan (of Borivli), Farroakh Govadia (of Nargol), and Persi Buhariwala (of Vyara), and zonal members Ronny Dick of Jhansi and Bakhtawar Karbhari of Jabalpur, Marazban Baria of Bilimora and Hoshang Wania of Nargol.