- Most problems have a positive solution - (2016) 43 SCD 217 - Sri Aurobindo Ashram Trust Vs. R. Ramanathan [Public Charities] *http://www.scdecision.in/volume/43/217* Contents 1. *1 *The facts ...
Discussion and findings
29. The sum and substance of the grievance of the respondents is really two-fold: firstly, the appellants failed to take any positive action to prohibit the availability of the objectionable book or dissociate themselves from the objectionable book; secondly, instead of taking some coercive action against Peter Heehs (such as removing him from the Ashram) the appellants assisted him in getting a visa for his continued stay in India by standing guarantee for him.30. In our opinion, the second grievance would arise only if there is substance in the first grievance, namely, that the appellants failed to take proactive measures to have the objectionable book proscribed and that they failed to dissociate themselves from the contents of the book. This really begs the question whether the objectionable book ought at all to be proscribed or its sale prohibited. As we have seen above, the matter is very much alive before the Orissa High Court and it is for that Court to take a final call on the legality or otherwise of the action taken by the concerned authorities in the State in prohibiting the availability of the objectionable book. Until that decision is taken by the High Court, it would be premature to hold that the book is objectionable enough as not to be made available to readers.31. In Swami Paramatmanand Saraswati it was held by this Court (relying upon several earlier decisions) that it is only the allegations made in the plaint that ought to be looked into in the first instance to determine whether the suit filed lies within theambit of Section 92 of the CPC. It was also held that if the allegations in the plaint indicate that the suit has been filed to remedy the infringement of a private right or to vindicate a private right, then the suit would not fall within the ambit of Section 92 of the CPC. Finally, it was also held that in deciding whether the suit falls within the ambit of Section 92 of the CPC, the Court must consider the purpose for which the suit was filed. This view was reiterated in Vidyodaya Trust.32. Considering the purpose of the suit filed by the respondents, it is quite clear that it was to highlight the failure of the appellants to take action against the availability of the objectionable book and against the author. As we have noted above, the issue whether the book is objectionable or not, whether it deserves to be proscribed or not, whether it violates the provisions of Section 153-A or Section 295-A of the Indian Penal Code has yet to be determined by the Orissa High Court. Until that determination is made, it would be premature to expect the appellants to take any precipitate action in the matter against the author.33. The best that the appellants could have done under the circumstances was to make it clear whether they have anything to do with the objectionable book or not. The High Court has noted quite explicitly that the appellants have not sponsored the book nor was it published under the aegis of the Aurobindo Ashram. The appellants have also, it may be recalled, expressed displeasure with the contents of the objectionable book through the communication of 11th November, 2008. This being the position, we are of the opinion that the appellants have done what could reasonably be expected of them in relation to the objectionable book, pending adetermination by the Orissa High Court.34. The High Court has effectively faulted the appellants for not making the first strike to secure a ban on the objectionable book. This is really a question of the degree of reaction to the objectionable book on which we would not like to comment. The appellants could have expressed their displeasure over the contents of the objectionable book, or dissociated themselves from the objectionable book or even taken proactive steps to have the objectionable book banned or proscribed. That the appellants chose only to express their displeasure may be construed as a mild reaction (as compared to outright condemnation of the objectionable book), particularly since the appellants had nothing to do with its publication. But the question is whether the mild reaction is perverse or could in any way be held to be a breach of trust or an absence of effective administration of the Trust warranting the removal of the trustees. We do not think so. Failure to take steps to ban a book that is critical of the philosophical and spiritual guru of a Trust would not fall within the compass of administration of the Trust. It might be an omission of the exercise of proper discretion on the part of the trustees, but certainly not an omission touching upon the administration of the Trust. We are not in agreement with the High Court that the failure of the appellants to take the initiative in banning the objectionable book gives rise to a cause of action for the removal of the trustees of the Trust and settling a scheme for its administration. The trustees of a trust are entitled to a wide discretion in the administration of a trust. A disagreement with the exercise of the discretion (however passionate the disagreement might be) does not necessarily lead to a conclusion of maladministration, unless the exercise of discretion is perverse. 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Thursday, January 07, 2016
Omission of the exercise of proper discretion on the part of the trustees
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