Special Leave Petition Filed In Supreme Court And Withdrawn By Zuleika Homavazir And Others Just A Day Before Dinshaw Mehta Files Intervention In High Court
A Supreme Court Order (printed alongside) has been made available to Parsi Times – the record of proceedings in the Supreme Court of India, dated 21st February, 2022, challenging the Bombay High Court order – “Arising out of (its) impugned final judgment and order dated 12-01-2022…”
However, Parsi Times is informed that NONE OF THE TRUSTEES APPARENTLY KNEW OF THIS SPECIAL LEAVE PETITION (SLP), even though one Adv. Gaurav Aggarwal’s name is recorded on behalf of the respondents – that is BPP Chairperson Armaity Tirandaz and others.
Parsi Times spoke with some of the Trustees who were shocked and informed us that this item was discussed in the Board Meeting of 8th March, 2022 and every trustee denied any knowledge of any Adv. Aggarwal and they also denied having had anything to do with his appointment in this matter.
This would be a serious breach and a legal quandary, once all the details come out, after making enquiry with the Registry of the Supreme Court and the Bar Associations.
Parsi Times intends to follow through on this yet another indiscretion and keep the community posted on what appears to be a major issue.
But wait!! There’s more to this than meets the eye!!!
As community members would recall, on 22nd February, when the High Court was to announce its decision as regards finalizing the Election Date and the renewed Scheme of Elections, Dinshaw Mehta came in with some last-minute objections and subverting the legal process due for court submissions, decided to tender him across the bar directly to the judge, himself!
This in itself would appear strange to all those who know Dinshaw Mehta and the underhanded way he usually operates.
As per a related excerpt from the High Court Order, “…The significant objections made to the proposed amended Scheme were essentially by two (2) objectors: Mr. Dinshaw Mehta (a former Trustee of the BPP and father of Respondent No.3 Mr. Viraf Mehta – an incumbernt Trustee and Mr. Hormuz Mehta, advocate who appeared on behalf of Mr. Rumy Zarir); and Mr. Khushroo Zaiwala…
After a detailed hearing on 22nd February, 2022, the matter was adjourned to 25th February, 2022 for the limited purpose of the Trustees and their advocates as also the other objectors / persons making suggestions to review a copy of the draft Scheme after incorporating the suggestions and modifications pursuant to the hearing of 22nd February, 2022 in Court.
On 25th February, 2022, the Amicus submitted a revised draft of the scheme which was reviewed in detail by the Trustees and members of Parsi community, who filed their objections and suggestions to the revised draft scheme.
After being informed of the minor changes to the proposed amended Scheme upon review on 25th February, 2022, the Court accepted the proposed amendments and orally indicated its sanction and approval to the Scheme on that date itself. The detailed Order was to follow…”
Fearing that this would take place is exactly the reason why Dinshaw Mehta filed his objections personally and in court, without prior filing, on 22nd February, 2022 – one day after the SLP by Zuleika Homavazir and others was filed and withdrawn in the Supreme Court, on 21st February, 2022.
As is only obvious, the legal process was laid out by the High Court, where those wanting to file objections did so.
Now, Dinshaw Mehta is a knowledgeable litigant. He is the father of a sitting BPP Trustee and also of an advocate (who appeared for Rumy Zarir).
So, is there a connection that exists between Zuleika Homavazir’s SLP petition being withdrawn one day before (on 21st February, as it was probably rejected by the Supreme Court), which left Dinshaw Mehta with no choice than having to scramble at the last minute to file his objections, to the very order that Homavazir had also challenged.
This appears to be borne out by what has been recorded in the HC order, which says, “The Order of 12th January, 2022 has been accepted by all the parties to that Order and has bot been challenged by them. It is not the case of Mr. Dinshaw Mehta (an ex-Trustee himself having served 21 years as a Trustee of the BPP and father of one of the current Trustees) that he was not aware of the Court Order dated 12 January, 2022. In fact, it is his submission that he believed someone else would have objected to our Order dated 12 January, 2022 and he has therefore not challenged the same…”
The High Court, whilst dealing with Dinshaw Mehta’s objection has also recorded: “In these circumstances it would appear to us that the objection based on the ground of alleged lack of jurisdiction is not only without any legal basis but also not in good faith, is an afterthought, with the sole intention of delaying the elections.”
The High Court observed, “We are unable to accept the submission of Mr. Dinshaw Mehta that this Court, being a Division Bench, lacks jurisdiction…”
Such a comment falling from the Hon’ble High Court is a very telling indicator about Dinshaw Mehta’s so-called objections, challenging its jurisdiction.
The Hon’ble Court also further observed, “A similar objection has been raised by Mr. Khushru Zaiwala in his Affidavit dated 9th February, 2022.”
Dear community members, connect the dots and you will get the answer to the query regarding the connection between Homavazir’s SLP petition being withdrawn exactly one day before Dinshaw Mehta’s last-minute attempt at filing the objection to the very same order Homavazir and others challenged!
And now, dear community members – do more than connecting the dots. Ensure that you vote in the right candidates during the oncoming elections, so that the fate of our community is never again left in the hands of people with convoluted minds and agendas.
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