Pune: Osho International Foundation denied permission to sell 2 plots

OSHO Koregaon Park Pune
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Pune, 11th December 2023: The disciples of Osho received the much-awaited order from the Honourable Joint Charity Commissioner R. U. Malvankar, Mumbai regarding the ongoing battle of the Sale of Basho area (Survey 15,16) inside Osho Ashram, Koregaon Park Pune. The next-door neighbor to Osho Ashram, Mr. Rajiv Bajaj was to be the purchaser of the said plot. The decision of this matter hung on two prime parameters i.e. whether there is a necessity to sell this property and whether it is in the interest, and protection of the Trust. After an intense few days of Cross-examination followed by arguments on the 1st of December till midnight, the Hon’ble authority has rejected Osho International Foundation Trust’s Application no. 2/2021 for the sale of Osho Basho.

The order also states:
– The Applicant Trust must refund the earnest amount of Rs. 50 Cr received from offeror Mr. Rajivnayan Rahulkumar Bajaj and Rishab Family Trust without interest.
– The Special Audit of the Osho International Foundation (OIF) bearing PTR no. F-14570 (Mumbai) shall be conducted for the period from 2005 to 2023 by a team of two Special Auditors to be appointed by the concerned Ld. Assistant Charity Commissioner, Greater Mumbai Region within one month from the date of this order.
– The fees for the Special Audit shall be fixed for Rs.25,000/- per year or 1% of the gross Annual Income of OIF as per Rule 20 of the Maharashtra Public Trusts Rules, 1951, whichever is less.
– The trustees of OIF are directed to deposit an amount of Rs.2,25,000/- provisionally in the P.T.A. Fund to meet the cost thereof within 15 days from the date of this order.
– The trustees, managers, and/or any other person looking after the accounts of OIF shall make available all the records and Books of Accounts, Receipt Books, Vouchers, Ledgers, etc. to the Special Auditors during the said period and shall cooperate with the Auditors in all respects.
– The Special Auditors shall submit their consolidated report to this Authority within six months from the date of their appointment.

An excerpt from the Report from the same order states, “The record of OIF shows that the trustees are habitually dealing with the properties of the Trust. They are not serious with the funds and income of the Trust. They are making hasty decisions without taking any expert advice which is having long-term repercussions on the future financial independence of OIF as well as NSF (Neo Sannyas Foundation). The sentiments of millions of disciples and Osho devotees are attached with OIF and NSF, Osho Samadhi, and the overall property in question, which is surrounding Osho Samadhi.”

Osho disciples worldwide are euphoric to see such a landmark judgment from the Hon’ble Office of The Charity Commissioner. “It is a victory of heart over mind, of devotion over manipulation, of grace over rat race, of facts over false claims, of honesty over malice,” said Swami Akhil Saraswati, a long-time disciple of Osho.

Senior counsel Adv Nikhil Rajeshirke, representing Objector no. 20 said, “The Ld Charity Commissioner while exercising jurisdiction under section 36 of BPT Act has not only protected the property of trust but also kept a check on the management of the trust by setting up an inquiry”

Advocates Radhikesh Uttarwar and Pooja Thakur, representing Objector No. 1 Kishore Raval & No 8. Dr. Amarendra N Jha said, “This order is a tremendous victory for millions of disciples and followers of Osho across the world. The Hon’ble Charity Commissioner has passed an order containing a unique blend of law points and considerations for the emotions of Osho disciples. The order for a Special Audit was a long due relief as it is likely to bring forth the truth regarding the allegations of mismanagement which have been leveled against the Governing Body for the past 3 decades.”

Senior Adv Venugopal, representing Objector No. 17, said: “Upon the auditing of OIF’s financial activities from 2005 till 2023, the removal of all Trustees is imminent. The Hon’ble Judge has also mentioned the sincerity and selfless service of Osho lovers in protecting the Trust property in the order. The love for Osho, our Master/Guru has guided us all along.”

SLP also withdrawn from SCI
As OIF Trust, a few months ago, had also filed a Special Leave Petition in the Hon’ble Supreme Court of India, challenging a previous interim order from the High Court of Bombay and the Charity Commissioner regarding determining the ‘the necessity of sale’ and ‘the cross-examination of evidence submitted at the CC by the applicant Trust’ for this very case of Basho Sale. Monday, at the Supreme Court of India, OIF’s SLP has been disposed of as OIF chose to withdraw their application. Osho Ashram is not a mere piece of property, it is an oasis for spiritual seekers. Thus, the place should be preserved and protected by all means.