Blasting the majority Bombay Parsi Punchayet (BPP) trustees for denying access to trust papers to the minority trustees, Bombay High Court Justice Shahrukh Kathawalla on February 16, 2017 instructed Yazdi Desai, Noshir Dadrawala, Zarir Bhathena and Kersi Randeria to make available to Armaity Tirandaz and Viraf Mehta the concerned documents.
The judge stated that if there was a problem regarding leakage of confidential material, the trustees could approach the Charity Commissioner (CC) "and get an order… You (the majority trustees) are nobody to take such a decision” (denying papers to co-trustees). Appearing for the four trustees, lawyer Janak Dwarkadas explained that at "every Tuesday meeting of the trustees, agenda papers, etc are kept available for inspection.”
Noting "I had worked as a clerk in the BPP office when I was a student,” Kathawalla stated "trustees do call for papers” as and when needed. "We cannot say for any file you cannot have access.”
Dwarkadas explained there were "serious allegations against Viraf’s father,” the former BPP chairman Dinshaw Mehta. Kathawalla retorted: "Don’t give him that file. Give all the other papers. If a file pertains to a case (against the father) don’t give that file to the son. Give the lady trustee (the files).”
"If majority and minority groups exist, problems are going to be there. If they (the two sides) cannot function, they can resign or throw either party out. This is not the way to function, to behave. You cannot do this. Majorities and minorities have been there for ages in the BPP. Take out the old papers and see. You will find allegations against Lady Hirabai Jehangir, B. K. Boman-Behram, Jimmy Guzder (all former BPP chairpersons). Can trustees say ‘don’t give’ (the papers)? Do they have the power? This power stems from where? Is this a dictatorial regime? Follow due process. They have rights. This, no court can tolerate.”
At the hearing the next day, Dwarkadas informed the court that "sensitive matters” were involved and asked for the hearing to be conducted in camera. Only the litigants and their lawyers were permitted to be present. At a subsequent hearing, consent terms may be presented.
Ironically, the practice of denying papers to minority trustees began when Dinshaw took on the chairman’s mantle in 2008. He targeted trustee Dadrawala who took up the issue with the CC and won. But the majority six trustees, including Tirandaz, challenged the CC’s order in the High Court, at which stage Dadrawala resigned from the trust. Dadrawala, however, was re-elected in 2015 with the largest number of votes.