68 Years After Independence, Indians Still Can't Rule Mumbai's Famous Breach Candy Club

Discussion in 'Politics & Society' started by rockey 71, Nov 4, 2015.

  1. rockey 71

    rockey 71 Regular Member

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    http://www.indiatimes.com/news/indi...mumbai-s-famous-breach-candy-club-246874.html
    68 Years After Independence, Indians Still Can't Rule Mumbai's Famous Breach Candy Club
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    Swati Deshpande

    November 2, 2015


    In a finding it described as "inescapable", the Bombay high court held that the nearly 150-year-old Breach Candy club in south Mumbai with a veritable who's who of Mumbai as its members can be governed only by Europeans, still.

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    The HC held that the present managing committee with Indians appointed at the helm "prima facie appears to be illegal" and disbanded it.

    In an interim order, the HC removed from the managing committee the club's present chairperson Dipesh Mehta and other managing committee members, including Vikram Malik, Lalit Agrawal, Jaenette Anand, Marion Panjwani and Benno Lueke. It directed four Europeans — Alon Mooleman, Giovanni Autunno, Gerry Shirley and Anya Lehra — to take charge.

    The order, passed on October 29 by justice SC Gupte, was uploaded on Saturday on the court website and is considered a landmark by club members. It was passed on an application filed by Mooleman and the three others in 2014. The plea was to enforce an October 21, 2013 resolution passed by the club trustees at an extraordinary general meeting removing nine managing committee members headed by Mehta and appointing four Europeans instead. The HC held that the resolution was valid and legal.

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    The club has been in a controversy since late 2013 following that EGM. The present committee had four days later held another EGM and suspended Mooleman and eight other trust members who participated in the previous meeting. The HC had stayed the suspension.

    The appointment of Mehta and others was in violation of the club's constitution of 1867 that permits only Europeans, who can be trustees, to be managing committee members, said Mooleman's lawyers Shiraz Rustomjee and Archit Jayakar. The court agreed and after perusing the club's constitution and records held that "one inescapable conclusion which flows from a collective reading of these provisions is that unless you are a European inhabitant of Bombay admitted as a trust member, you cannot be an Ordinary Trustee or in the management of the Trust. That is beyond a pale of doubt." In 1967, the constitution was approved by the Mumbai city civil court, and up to 2010 it was being strictly followed, said Jayakar.

    During the hearing, Mehta's counsel JP Cama argued that even under the original constitution, there was no bar to Indians being appointed as trustees and he relied on an "amended constitution", which he said made it clearer that such appointments are legally valid. Cama also argued that since the charity commissioner is the authority to consider the legality of the appointment of a trustee of a public interest and since the issue is already pending there, the HC has no jurisdiction to decide at this stage.

    (Originally published In The Times Of India)
     
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  3. musalman

    musalman پاکستان زنده باد

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    Back in late 50s Lahore Gymkhana and Punjab Club also had these policies. Govt. nationalized their assets and disbanded their management committees. They are now under local control.
     
  4. tarunraju

    tarunraju Moderator Moderator

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    We have FDI to attract, Pakistan and Bangladesh have bheek to attract. One foreigner enclave (just like the countless foreigner-governed enclaves in OPEC countries) isn't a blot on our sovereignty.
     
  5. jackprince

    jackprince Turning into a frog Senior Member

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    Don't care much for attraction of FDI if that means losing national dignity. FDI, if is to come, will come whether or not any preferential treatment is given to Europeans in social circles. The FDi is related only to the economy and future economy of a nation.

    It is not a a foreigner enclave as Indians are also members to it. Further, the club's constitution is violation to our constitution - that is equality. It is same, only in bigger scale, like the Israeli cafe not admitting Indians.
     
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  6. pmaitra

    pmaitra Moderator Moderator

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    This is a double edged sword.

    If it is a private property, then the lawful owner should enjoy sovereignty over his private property, as to who would own it, who would run it, and who would govern it. For example, any private business in the US can expel a patron without requiring the private business to give a reason.

    On the other hand, the counter argument would be, if in the exercise of its sovereignty, the constitutions is violated, in letter or spirit (added for effect), then the administration or the court can intervene. For example, if a private business expels a patron for the expressed reason that the patron is gay, then it is unlawful.

    I think the government should not interfere in how this club is run, as long as they are not indulging in activities harmful to the nation.

    In the US, there is a saying, "my house is my fortress."
     
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  7. aliyah

    aliyah Regular Member

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    if court given some decision then its right n all according to law.no need to follow paid news by some corporate n put ur Indian patriotism in it. tomorrow u will say more than 50% scientists in NASA are Indian so govt of india should take it over.
     
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  8. jackprince

    jackprince Turning into a frog Senior Member

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    What kind of BS reply is that? Is NASA operates from Indian soil? Or does NASA discreminates based on ethnicity? What kind of comparison is that?

    Also, why should everyone accept High Court's ruling as the final word? Also, when it is a single Judge bench? Appeals are specifically for that reason. Had this verdict came from the highest bench of SC chaired by the CJ himself, it can be considered final.

    The term 'European' mentioned in the club's constitution is in itself is against the ethos of Indian constitution. Or have you failed to understand the explicit, stare at your face racism and that too on our own soil against our own people by a group of people who still have colonial hangover? If you did, it is your problem of basic cognitive dissonance. Whether it is a corporate matter or not is not the issue here. What kind of organisation has constitution based on ethnicity in the world and against the native people in any of the independent nation.

    The folks who don't find it insulting, kinda baffles me since they are ready to bear insult to their own just because of some perceived economical gain. Are they any different than Daughter Selling Brigades of @Mad Indian?
     
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  9. pmaitra

    pmaitra Moderator Moderator

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    50% of NASA scientists are Indians? Source?
     

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