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Final Ruling in the Case of Satyanarayan vs. Airavata

 

By Sesa dasa

ISKCON Minister of Justice

 

Dear Prabhus:

Please accept my humble obeisances. All glories to Srila Prabhupada.

 

This is the Final Ruling of the ISKCON Ministry of Justice in the matter its

investigation of the complaint filed with the ministry by Satyanarayana das

concerning verification that his donation of $5000 given to Airavata das,

which was to be specifically used for printing Srila Prabhupada's Beyond

Birth and Death in Turkey, was actually used for this specific purpose.

 

This Final Ruling has been arrived at after an investigation by the Minister

of Justice, the issuing a Tentative Ruling on June 4, 2000, and after

receiving comments on the tentative ruling from Airavata das, Satyanarayana

das, Brahma Muhurta das, and a list of ten named devotees of the Turkish

Yatra.

 

The basis for the ISKCON Ministry of Justice's involvement in this matter is

found in the Mission Statement of the ministry as it was stated at the time

the ministry was approved by the Governing Body Commission:

 

"To strengthen Srila Prabhupada's International Society for Krishna

Consciousness by promoting integrity in Vaisnava interaction."

 

The complaint was formally submitted to the ministry in December 1999. Over

the following six months I, the Minister of Justice, engaged in discussion

of this matter, both in person and via e-mail, with the following persons:

Airavata das, Satyanarayana das, Harivilas das, Jaya das, Brahma Muhurta

das, Hari Sauri das, and numerous other interested individuals.

 

The six month period of the investigation allowed sufficient time for all

concerned parties to reply to questions, locate and/or provide evidence of

their positions, and to register their viewpoints and/or objections about

the process. The four week period between issuance of the tentative ruling

and this final ruling allowed additional time for presentation of evidence

and/or addressing the specific issues presented in the tentative ruling.

Satyanarayana das had originally requested that Airavata das provide proof

that he had used the donation for printing the books by sending him copies

of the printed books, by producing an invoice for the printing, and/or

sending photos of the cartons of the printed books. Subsequently, Airavata

das sent six copies of the Turkish Beyond Birth and Death to Satyanarayana

das. However, in his original complaint Satyanarayana das explains why

receipt of these copies did not satisfy him, and why this matter is before

the Minitry of Justice:

 

"Regarding getting copies of the book, he did send me 6 copies of the BBD.

However, they clearly appear to be from an earlier printing of books

currently being distributed by devotees, and which are being stored in

Bulgaria. Not from any current printing of the book. Regarding the photos,

he sent me no photos of the book cartons or the printer, just a few pictues

of a devotee distributing a BBD. Jaya dasa, who just returned from Turkey,

tells me that he has found no evidence whatsoever of the existence of these

80,000 books anywhere, even from talking to the devotees who have worked

with Airavata."

 

Thus, it was with the specific purpose of verifying that Satyanarayana das'

donation of $5000 to Airavata das was specifically used for printing Srila

Prabhupada's Beyond Birth and Death in Turkey that the Ministry of Justice

began its investigation of this matter.

 

In addition to answering the simple question of the complaintant,

Satyanarayana das, as to whether Airavata das had indeed printed Beyond

Birth and Death in Turkey with the $5000 donation, during the course of the

investigation the following issues were identified as important to

resolution of this matter:

 

The responsibility of ISKCON and BBT representatives in relation to donors

and preaching strategies in their respective areas. Airavata das had

represented himself to Satyanarayana das as both the regional secretary for

Turkey (Harivilas das is the GBC) and the BBT representative for printing

and distributing BBT books in Turkey (Brahma Muhurta das is the BBT Trustee

for Turkey). See Note 1.

 

During the early stages of the investigation many commentators, both those

who approved and those who opposed the processes used by the ministry in its

investigation, agreed that if evidence in the form of an invoice for the

printing could be produced, the matter could be resolved.

Because Airavata das was working under an arrangement with the BBT for

printing and distributing books in Turkey, the ministry contacted Brahma

Muhurta das, the BBT Trustee, to ask about his knowledge of any printing

activity in Turkey by Airavata das. Brahma Muhurta das informed the ministry

that they were unaware of any recent printing of Beyond Birth and Death.

Subsequently, the BBT requested that Airavata das send them 10 copies of the

printed book. In response Airavata das sent one copy of Beyond Birth and

Death to the BBT. Brahma Muhurta das then wrote to the ministry to following

letter:

 

Letter COM:3113206 (34 lines)

28-Mar-00

Re: Turkey

[brahma Muhurta das speaking]

 

> > Three days ago, we have received one copy of Beyond Birth and Death, > >

allegedly printed in Turkey. > > > > We compared the book with the book we

have on file. The one sent from > > Istanbul is in fact different. The text

part of the old book has been > > shot with a repro camera, and for the

cover the pictures from the old > > cover were scanned in and then the cover

was assembled, most probably > > digitally. > > > > So it seems there has

been a recent print run. Of course it is > > impossible to say how many

copies were printed.

[sesa das speaking]

 

> My question to you now is whether you accept the sample sent to you as >

definite proof that there was a print run, excluding other possibilities >

of how the sample sent to you may just have been quickly produced (one or >

two copies only) to take the heat off any investigation of whether there >

was an actual printing? > > I just need some official conclusion from you as

both interested parties > and authorities on printing.

 

[brahma Muhurta das speaking]

 

Dear Sesa Prabhu, pamho. AgtSP.

The sample I received has been printed in the offset process. That in itself

is proof that there has been a print run. But there is no way for me to

determine whether 100 copies were printed or 100,000.

It is possible to give such a small book to a printer and order 500 copies

and get them within five days.

So ultimately, no one can tell.

ysbmd (Text COM:3113206) --------

 

While the above exchange indicates that copies of Beyond Birth and Death

were printed, the ministry could not answer the question before, ie whether

$5000 worth of books were printed, and thus pursued the matter further. At a

later stage in the investigation, the ministry's request for proof was

simply that Airavata das supply the name of the printer so that there could

be some neutral verification that the books, in the quantity that could be

purchased for $5000, were indeed printed.

 

Throughout the investigation Airavata das has maintained that the

confidential, and even dangerous, nature of preaching and book distribution

in Turkey, a Muslim country, were the main obstacles to providing the

requested proof that the books were printed. In the following letter, which

quotes an exchange between Airavata das and Brahma Muhurta das, Airavata das

maintains that the books were printed "unoffically," and that to reveal the

name of the printer would lead to danger:

 

Letter COM:3111761 (28 lines) Sesa ACBSP 27-Mar-00 07:59 To:

Airavata das (Turkey) Books

--------------------------- Prabhu: The

following is a quote from your recent exchange with the NE BBT:

> > NE BBT responds: > > >Please let me know how many you printed, the

printing price, how > >many have been distributed and where the rest of them

> >are located. Please send the invoice from the printer and 10 > >copies of

the book to the BBT. > > > Airavata responds: > > >I am in Turkey now and

can give you exact information. The printing price > >is 7 cent. 70,000

books were printed. I am looking now for the devotee > >who managed printing

and storing the books. Since books were printed > >unofficialy the printer

refusing to give any invoice. I can send you 10 > >copies but who will pay

for posting?

 

Based on this exchange, and in an effort to move toward resolving this

matter, I am requesting you for provide the name of the printer to a neutral

third party. Perhaps because you already have some working relationship with

regard to printing with the NE BBT, they would be to appropriate third

party.

Sesa das (Text COM:3111761) --------

 

 

The ministry sent the above quoted letter three times to Airavata das and

each time he responded by questioning what would be done with the name of

the printer.

 

At this point the ministry's investigation had come to an impasse, Airavata

das maintaining that the books were printed but unwilling to provide the

proof based on preaching considerations. Therefore, the question became who

bears the burden of proof, the burden of unlocking this impasse.

The ministry then explored the issue of confidentiality and danger involved

in preaching in Turkey to determine why it might have been necessary to

print the books "unoffically," and decide whether Airavata das' refusal to

provide the name of the printer was justified. Jaya das, a Turkish devotee

who translates Srila Prabhupada's books into Turkish and who has experience

in printing BBT books in Turkey explains that "unofficially" means that the

laws were not followed, "according to press laws over there every book

printed in Turkey must state the name and address of the publishing company

and the printing company and must have an ISBN number."

 

The following letter from Jaya das, who refers to a printing which took

place within weeks of the time when Airavata das maintains he printed the

Beyond Birth and Death in Turkey, clearing indicates that it is not

necessary to unofficially print Srila Prabhupada's books in Turkey:

 

Text COM3235833 (29 lines)

Thu, 11 May 2000

 

Dear Satyanarayana Prabhu,

All glories to Srila Prabhupada. Please accept my obeisances.

 

As you requested I am sending you an information about the Turkish Books we

got published last year. I went to Turkey in October 99 and after checking

the prices on the printing market I made a deal with a recently formed

publishing house in Ankara. By the help of the Lord we printed 2000

Bhagavad-gita As it is and 2000 Chant and Be Happy in Turkish. We spent

$4000 for these books. Since they bear ISBN numbers we can sell them in the

book stores. Sankirtan is unpredictably dangerous over there and the best

way to sell books is, selling them in book stores. I attached the pictures

of these books in this e-mail and also a copy of a receipt given to the

puiblishing house by the printing house. Mr Tarik Uslu is the owner of the

Gun Ltd. Publishing house and his cell#90 532 310 7040 The address is Alacam

sok. No9/2 Cankaya, Ankara, Turkey. 1US $ was equal to 553.000 Turkish Lira

at the time. Ata Matbaa is the printing house and their address is Cihan

sok. No:31/5 Sihhiye, Ankara, Turkey. Their tel#: (312) 230 50 83, fax#:

(312)230 6018. I hope the books will sell well and Srila Prabhupada's

message will be heard in that country. Rest is up to Krsna who is the

conquerer of hearts. I hope this meets you well and in blissfull Krsna

consciousness. Hare Krsna.

your servant,

Jaya das

 

The following letter from Harivilas das, the GBC for Turkey, clearly

indicate that it is not advisable or good preaching strategy to print books

unofficially in Turkey, and points to an answer as to who should bear the

burden of moving this conflict toward resolution.

 

Dear Sesa Prabhu. PAMHO.AGTSP. Thank you for your letter. There is no good

reason for printing books underground in Turkey. It only endangers the

future of our movement and makes us suspect in the eyes of the government.

Aboveall it makes us unaccountable to Satyanarayan Prabhu and the BBT.

Satyanarayan Prabhu cannot get proof that his donation was used for the

purpose intended and the BBT is cheated out of royalties and the guarantee

that its delegated agent in that country is a properly representing the best

interests of the BBT and Srila Prabhupada. . .Your servant, Harivilas das

The ministry concludes that the burden of proof that the printing of Beyond

Birth and Death, in quantities that represent the investment of $5000, did

actually happen is reasonably placed on Airavata das. Airavata das

independently chose a course of action. That action lead to the involvement

of Satyanarayana das who, as a donor to ISKCON, made a reasonable request

for information. It is in the interest of ISKCON that Airavata das provide

that information, and his refusal to provide the name of the printer, to a

safe neutral party as suggested, cannot be justified by the nature of the

preaching in Turkey. Airavata das has failed to meet this burden or present

any reasonable arguments or evidence why he should not have to meet this

burden. Therefore, the ministry's investigation must proceed through the

above mentioned impasse to conclusion absent input from Airavata das.

Throughout the course of the investigation Airavata das has failed to

present any proof, either the name of the printer, an invoice for the

printing, or pictures of the cartons of books to prove that he used the

$5000 donation from Satyanarayana to print Beyond Birth and Death in Turkey.

 

CONCLUSIONS

 

Based on the information provided to me and the analysis above, the ministry

cannot conclude that Airavata das used the $5000 donation of Satyanarayana

das for printing Srila Prabhupada's Beyond Birth and Death in Turkey.

Accordingly, the following ISKCON laws dealing with ISKCON Spiritual

Leadership have been compromised and/or violated:

 

5.6.2.5.6.6 Following Local Laws

The temple president should ensure that all local, state and national laws

are abided by all temple and community members. He should also ensure that

the devotees are following ISKCON diligently.

 

5.6.2.6.1.1 Receiving Restricted Donations

That as far as possible, donations to ISKCON should be accepted without any

conditions. However, donations ("Restricted Donations") may also be accepted

with limited conditions. ISKCON leaders must use donations with conditions

in accordance with the argreed terms.

 

Therefore, the ministry recommends the following:

 

1. Airavata das should not be allowed to represent the BBT in Turkey or any

other country. See Note 1.

 

2. Airavata das, other devotees working with him, and those whom Airavata

das has contacted or solicited money from through advertisement of his

preaching activities in Turkey, should be informed that Airavata das is not

a regional secretary or delegated leader in Turkey with independent powers.

He must work under the guidance of the GBC Zonal Secretary, particularly

with regard to receiving funds for the preaching there.

 

3. Airavata das must understand that ISKCON cannot condone any illegal

activity and that he must desist immediately from distributing books that

are not legally printed in Turkey.

 

4. It is the opinion of the Ministry of Justice that the following ISKCON

Law quoted below, passed at the 2000 Annual GBC Meeting, applies to Airavata

das as a project leader for Muslim preaching. The GBC for Turkey, Harivilas

das, is requested to insure that Airavata das complies with the reporting

requirements of this law so that the issue of restitution of the funds

donated by Satyanarayana may be practically addressed.

 

"Financial Disclosure of Leaders Including Guru-daksina WHEREAS financial

disclosure for ISKCON leaders requires that "all GBC members, gurus,

sannyasis, and international project directors" file annual financial

reports

 

WHEREAS there is a need to expand the financial reporting of ISKCON leaders

and this should be done prior to any further discussion of specific

regulation of guru-daksina.

 

613 [LAW] 1. IT IS RESOLVED THAT all GBC Body members, gurus, sannyasis, and

international project directors are required to file annual personal

financial reports to the Executive Committee of the GBC Body and, where

requested, their national executive body. These reports shall contain a

standard Income Statement and Balance Sheet (to be reported in a Quickbooks

or other standard software format). The report should also include a list of

all ISKCON related bank accounts (including account names, signers and

balance) for which these individuals are a signer or have some control. All

guru-daksina must be included in this report.

 

2. FURTHERMORE, within the definitions of previous resolutions regarding

reportable income, all income and non-monetary gifts over $500 must be

itemized according to source. US based preachers are reminded that all gifts

over $10,000 and income from inheritance or family trusts must be reported

to the IRS.

 

3. All annual reports must submitted by January 31st of each year and be

signed with the following statement:

I solemnly swear that this report represents a true and accurate statement

of my financial activity and status for the previous year.

NAME _______________________________ Date ___________________

 

4. FURTHERMORE, the Executive Committee shall provide an annual report for

the GBC Body prior to the annual meetings, containing information on the

number of GBC Body members filing, names of those not filing, and a summary

report of the financial data including high, low and median numbers for

income, assets and expenses.

 

5. FURTHERMORE, all GBC Body members, gurus, sannyasis, and international

project directors are required to submit the above annual personal financial

reports for 1999 (year end) to the Executive Committee prior to April 15th

of 2000."

 

Note 1.

 

Satynarayana das has presented a business card given to him by Airavata das

on which he states the following: "* General Manager, BBT, Turkey." Brahma

Muhurta das has made the following statement in response to questions

submitted to him by the Ministry:

 

> Brahma Muhurta Prabhu, you mentioned that Airavata has a contract with the

> BBT which regulates his printing activity.

 

He does not have any contract. For us, he has been and still is an ISKCON

preacher. We have bought a substantial stock of Turkish books from the

Mediterranean BBT which are now stored in Bulgaria. Airavata and his men

have to buy them from the NE BBT...

 

Sometimes, in areas where we have no representative or office, we give a

temple president or sankirtan leader the rights to print a certain number of

books, in close cooperation with us. In such cases, the temple pays the

printer and pays the same amount to the BBT. But such a contract has never

been entered with with Airavata.

 

Signed

Sesa das

ISKCON GBC Minister of Justice