Kolkata HC Division Bench Requests Single Judge To Consider Application Of Parsi Bodies

A division bench of Kolkata High Court requested a single judge bench to consider an application by The Federation of Parsi Zoroastrian Anjumans of India (FPZAI) to be included as a party or intervene in the proceedings of case filed by Kolkata resident, Prochy Mehta who moved the court praying for orders to allow her grandchildren, whose father is a non-Parsi, to enter the fire temple. Filed in 2017 under HC bench of Justice Soumen Sen, Prochy appeals that since her grandchildren have been initiated to the Zoroastrian faith through Navjote ceremonies they should be permitted to enter the fire temple. However, once the proceedings commenced, the Parsi Zoroastrian Association of Kolkata and the FPZAI prayed to be added as parties in the matter as the feel their views are important. On 18th January, 2018, Justice Sen directed, “All interested parties in the proceeding shall file their respective notes of argument within three weeks of date.” Aggrieved with this order, the FPZAI moved an appeal in the division bench of Justice Sanjib Banerjee and Justice Sabyasachi Bhattacharyya through advocate Phiroze Edulji, stating, “The FPZAI wishes to bring before the court the view of the entire community as it is the umbrella body of the Parsi Zoroastrian Anjumans/ Punchayets of India and a judgment on the interpretation of who is a ‘Parsi Zoroastrian’ would affect all the Parsi Zoroastrian Anjumans/ Punchayets of India. Denial of the right to be added as a party and only being allowed to file written notes of arguments would result in violation of the principles of natural justice and finally result in miscarriage of justice. Written notes of arguments can never be a substitute for an affidavit in opposition.”

The division bench disposed off the appeal by “requesting the interlocutory court to decide on the propriety of impleading the appellant and others who applied in such regard before proceeding to deal with the merits of the matter.”

Courtesy: TOI