The OSHO International Foundation (OIF), a public charitable trust, which runs the Osho International Meditation Resort, better known as Osho Ashram or Osho Commune, has been at the centre of a controversy for the past three years after it emerged that it has decided to sell two plots located within its premises in Koregaon Park area of Pune city.
This raised the hackles of the Osho rebel faction, which strongly opposed any move to do away with the legacy of their “master”.
The rebel faction fought the case before the Office of the Joint Charity Commissioner, which has inquisitorial jurisdiction or power over public trusts, and has succeeded in stopping attempts to dispose of the two plots for Rs 107 crore to the Bajaj family, which lives in the same area.
The application that raised doubts
In December 2020, the OIF filed an application before the Office of the Joint Charity Commissioner, Mumbai, seeking permission for selling the two plots to Rajiv Bajaj and their Risabh Family Trust.
The OIF signed an MoU with the Bajajs for Rs 107 crore. The value of the total land under it is around Rs 1,500 crore.
While seeking permission for selling the two plots measuring around 9,800 sqm, the OIF contended that it was facing financial crunch due to the ongoing Covid pandemic and had to liquidate Fixed Deposits to run the Osho Meditation International Resort.
The Osho rebel faction got a whiff of this application. Yogesh Thakkar, a disciple, was among the first to file his objections as intervenor to the deal before the Office of the Joint Charity Commissioner. Subsequently, as many a 27 rebel disciples filed their applications. And as many as 12,000 disciples from across the world sent an e-mail to the Joint Charity Commissioner, objecting to the move.
Advocate Vaibhak Metha, said, “The OIF is a charitable public trust. If a public trust wants to sell any land or grant funds, permission of the Charity Commissioner’s office is mandatory.”
But in this case, the application for permission was made after the MoU was signed by the OIF with the Bajaj family, Mehta pointed out. “The application should have been made before calling for bids or before signing the MoU. But they submitted the application after the bid was signed,” he said.
While seeking permission to sell the two plots, the OIF contended that they were facing financial crunch due to Covid and a deficit of Rs 3.37 crore in 2020-21.
The hearings
The hearing in the matter began in 2021 itself before the Joint Charity Commissioner. The objectors demanded cross-examination of the OIF trustees who sought to sell the two plots. The Joint Charity Commissioner’s Office upheld the plea. The OIF approached the Bombay High Court, which also upheld the demand for cross-examination.
The OIF then approached the Supreme Court, which not only allowed cross-examination but also directed the Office of the Joint Charity Commissioner to submit their findings. “The Office of the Joint Charity Commissioner held continuous hearings in the matter. On one particular day, the hearing started at 11 in the morning and ended past 12 midnight,” said Thakkar.
The rebel faction said they wanted to cross-examine the OIF trustees but it kept avoiding the cross-examination. “Cross-examination means a proper trial like in civil courts. The evidence comes on record, things come out in public domain. But the OIF kept avoiding cross-examination,” Metha said.
The directives
The Office of the Joint Charity Commissioner rejected the OIF’s application as “it failed to prove compelling necessity” to dispose of the two plots. It contended that the OIF had sufficient funds to manage the resort.
The order directed the OIF to return the earnest money of Rs 50 crore taken from the Bajaj family without interest. The Office of the Joint Charity Commissioner did not stop at that. It has also ordered a special audit of the accounts of OIF from 2005 to 2023 by a team of special auditors to be appointed by the Assistant Charity Commissioner, Greater Mumbai Region, within one month from the date of the order. The trustees have been asked to make available all the accounts books, receipts, vouchers and ledgers to the auditors.
In stinging remarks, the Office of the Joint Charity Commissioner said, “The past 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 are having long-term repercussions on the future financial independence of OIF as well as NSF (Neo Sanyas 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,” it said.
“While the OIF has claimed that it was incurring losses every year, the Office of Charity Commissioner did not agree with the contention. And therefore ordered the special audit of the accounts of the Osho Resort,” the advocate said.
Trustees making hasty decisions without seeking expert advice: Order (Image source: osho.com) 
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