05/24/98 - 1818 (see also VNN stories# 1047, 1697, 1736)

A Statement to All the Devotees from Bhagavan Das

USA (VNN) - by Bhagavan das

To all the devotees and especially those involved on either side of the BBT/Hansadutta/BBT-I conflict, or officially speaking, the Bhaktivedanta Book Trust International, Inc. ("BBT-I, Inc") and ISKCON of California, Inc. versus Hans Kary (Hansadutta) lawsuit filed in Los Angeles Superior Court, California:

I greet all of you after a very long silence and offer you all respects.

Glories to the Mother and Father of all, Sri Sri Radha and Krsna. To accept Them is to accept the true sisterhood and brotherhood of all life throughout the creation.

Glories to Srila Prabhupada for gifting us with the Truth that the Source of all is Two and as Their parts and parcels, by birthright, we carry Their spiritual genetics within us. Thus we always possess the possibility to manifest divinity at any moment and turn abject defeat into victory, create resolution in the face of opposing views, taste sweetness again where bitterness seems justified, compassion where there is the urge to dispose of and to harm even if mentally, love where it is more logical to hate, and, as the phoenix rises from the ashes, to trust where trust has been shattered.

Glories to the devotees who struggle to regain their spiritual power and close the gap between themselves and their Creators.

During these past two months, the impulse to communicate again with the devotees that I left behind had been intensifying within me. I wanted to make the first attempts to open the door for healing the hearts of all who were so close to me in love and friendship - to move the pain caused by the terrible shock of my abrupt departure. I was seeking a way to share with you who and where I was 12 years ago, of how I was capable of loving and denying, healing and wounding, sharing and controlling, validating and invalidating, expanding and compressing those in my care and otherwise. I also wanted to share what I went through these past 12 years and where I find myself today. In looking for such an avenue, a sequence of events took place. Thus I find myself via the power of the Supreme Networker, now communicating with you over the legal operating table where brothers are preparing to open Prabhupada's heart -- the BBT -- with the scalpel of law.

I had the opportunity a few weeks ago to be in LA. While there I went into the temple room to visit with the Deities. I sat there in front of the Prime Creators and commenced a dialogue; a very personal exchange between myself and Srila Prabhupada. The questions that I asked might seem inappropriate, challenging or out of place to many, so I will not go into details here except to say that where true friendship exists, honest expression of the mind and emotions must be allowed. From what I have come to understand in love there is no place for guilt and intimidation. It was the first time in 12 years that I spent that much time alone in one of the temples in such a clear and open communion.

The next day I returned again to the temple with my friends Jayanta and Kiba Jaya. As we left the temple room, I met Svavasa, the temple president. As we spoke he mentioned that he had just witnessed the six day deposition of Hansadutta in the BBT case. Almost a year ago, I was approached both by Gupta, as counsel for Hansadutta, and by Akruranatha, as legal counsel for the BBT-I, to become involved in some way because of my past position as an original trustee, and to assist each in establishing their respective cases. At the time I considered but declined the invitation, not wanting the entanglement of appearing to take sides. You all know too well how misinformation and controversy travels faster than the speed of truth and good news. I saw it then as I do now and as I know Prabhupada sees it -- a declaration to Krsna of failure on either side to communicate and resolve pivotal practical and spiritual matters in a way that practitioners of over 30 years should be able to do without putting the issue in the hands of third party lawyers and judges. As you know, Prabhupada had little enthusiasm for hospitals and lawyers in matters of the heart.

I expressed sadness and concern to Svavasa that there was such a lack of ability to deal intelligently and loving with each other, that now Prabhupada had to go to court and a judge would be telling him how the BBT, his literary force, would and should be run from hereon in, regardless of what he wanted. The real possibility here is that the judge could even decide that the property of the trust, i.e., the copyrights, belong to neither the BBT nor the BBT-I and instead could be lost to the public domain. It is something like the scenario in the Bible in which two mothers claim the same child and the king tested them by instructing them to cut the child in two. The amazing reality here is that both sides are claiming the other is legally dead. The BBT-I and ISKCON claim that the original BBT trust was never functioning or was extinguished and Hansadutta and others claim that the BBT never legally assigned the copyrights to the BBT-I. Meanwhile, Prabhupada is left paying for the autopsy and burial ! This is how I see it.

Perhaps this would be an appropriate time to go over some history, past and more recent. In March of 1972, Prabhupada formed a trust in India apparently to print books in foreign languages. He then traveled to Los Angeles and in May of 1972 he met with us to establish a trust called the Bhaktivedanta Book Trust which would own, hold and protect all of the copyrights to his books. Prabhupada wanted the BBT to establish a book fund for printing and reprinting, and a building fund to finance the building of temples all over the world. The money from book sales were to be divided 50/50 - half into the book fund and half into the building fund. Lifetime trustees were named - Srila Prabhupada, who was the Settlor of the trust, as well as Karandhar and Bali Mardan. I report to you about these events because I was personally there to witness the formation of the BBT at the lawyers office.

Thus, the BBT was officially formed in Los Angeles on May 29, 1972. By the terms of the trust, Prabhupada was strong and clear on the point of separation of powers between the BBT and ISKCON, stating that in the event anything happened to ISKCON, politically, financially, internally or otherwise, the copyrights would be protected and publishing would go on. The Trustees were to monitor world wide printing as well as the collection and earmarking of funds. The ISKCON that Prabhupada incorporated at that time in New York was to be the beneficiary. There were to be a maximum of 5 trustees and a secretary. Ramesvara was later named secretary. As Karandhar and Bali Mardan left, Hansadutta and I were appointed, respectively, to take their place. Regardless of what opinions we may have about each other, Prabhupada saw ability within all and engaged it to the perfection of his vision.

To date the original BBT formed on May 29, 1972 -- unlike the one formed in India -- still exists and was funded by Prabhupada’s copyrights being placed into that trust and registered at the US Copyright Office. As far as I am aware, the trustees of the original BBT have never transferred the property of the trust to any other organization, including the California nonprofit corporation "BBT International, Inc."

After I left in 1986, the BBT-I was established and now has its theories as to how it has come to possess all of the BBT property. I do not say this to accuse anyone of malice. I am sure that concern over the protection of books was at question here although I have heard that BBT-I publishers now decide who can and can't buy books based on one’s philosophical leaning. My question here is that before simply thinking that BBT property could be transferred out of the trust without the consent of the BBT trustees by an "assignment" document, why didn’t anyone go to legal counsel or the court and inquire for clarification, because now the BBT-I finds itself at war with Hansadutta who for years has been printing books as a lifetime trustee of the BBT.

I expressed to Hansadutta that because of his past there is fear in ISKCON of what he would do if he prevailed in this case. To the devotees I say that whoever the trustees are, even far into the future, they are not free to do as they please. Trustees must function as the trust instrument dictates. Trustees are legally accountable to each other and to the court. From the compost of such wasteful energy and spending, it is still possible that this conflict could be resolved in such a way as to make the BBT forever strong and unquestionable, but it will require communication, openness and resolve to do right, far beyond what has so far been manifest.

Svavasa asked me if I would meet the next day with Amarendra, legal counsel for ISKCON of California, Inc. and himself, and I agreed. I questioned myself all day why I had so unexpectedly run into this situation again and why I had agreed to put time into it. As you know, my departure from the Movement created much trauma. I didn't and don't want to appear to be vying for some position as if nothing has ever happened. That was not at all my intention. But it was during some quiet contemplation on this whole situation that Prabhupada asked me, in the mood of a deep and longtime friend, to help him settle this distasteful dispute which is causing him untold disturbance, fear of great loss and pain. I respectfully now ask you to please take a moment and see the profound reality of this situation.

In the sequence of events that followed I met with Svavasa, Amarendra, Gupta, Hansadutta, Veda Guhya and I have also spoken with Akruranatha and Harikesa Swami. The first point that I made on behalf of the Settlor of the Trust, Srila Prabhupada, to the BBT-I who is funding this case and to all the devotees who by their efforts also fund a good part of the BBT-I, is to come to a swift and urgent understanding of how much of Srila Prabhupada’s money has already been spent, is currently being spent and is projected to be spent on this tragic and dangerous case.

Including the previous case that the BBT-I brought against Bhima and Hansadutta in Singapore (but then in lieu of losing the case at trial had to withdraw because of insufficient documentation of ownership of the copyrights) over $250,000 has been spent from Prabhupada's pocket. Amarendra says that if the LA trust case goes all the way to trial, the bill may top out at over $400,000. The six day deposition that Akruranatha took of Hansadutta probably cost the BBT-I over $15,000. And now it may be that Harikesa Swami has to appear in LA for his deposition or in lieu of which the BBT-I will have to pay for everyone to fly to Europe to take that deposition, including paying for the airfare and hotels. What do you feel about all this?

When is the last time anyone in the case went out and collected $15,000 from book sales ? And true, the BBT-I gets funds from legal victories on copyright infringement cases, but do you think for a moment the Prabhupada would be signing the checks to fight Hansadutta in this way and risk the fate of his works? Prabhupada was so anti-waste that he chastised us in India once for spending a few dollar on a water pot for him and for being a few rupees off in the bank reconciliation. Do the parties understand the karma being created by spending Srila Prabhupada’s money? Do you really think that the case is so water tight that you are willing to risk everything that he wrote and put it in the judge’s lap to prove your point ? I do not mean to blame Akruranatha, but why has he been given carte blanche on Prabhupada’s bank amount without being accountable to Amarendra who has given so much to protect ISKCON? How much are you willing to spend to kill Hansadutta’s drive to publish instead of coming to a reasonable understanding and stop fighting with him. Remember, the legal option that the BBT-I chose was only one out of many and in our history, Krsna tried many, many times to bring reconciliation before the war. But here we need to find the Duryodhana and Arjuna that may lie within us all.

I question how the BBT-I ever thought that they had the legal power or right to take property from the BBT that Prabhupada established and then turn around and use his money to claim that the trust never officially existed or was extinguished and to further argue as Akruranatha embarrassingly pleads, that Prabhupada was an "employee-for- hire" for ISKCON, that the lifelong appointed BBT trustees could be voted off the trust by the GBC and that ISKCON owned the copyrights? This is surely an outrageous position to take in an outrageous case.

The money being spent on this case could be establishing many temples, restaurants and museums, what to speak of educating and feeding starving children throughout the world. Where is the wisdom not to waste that should come from so many years of spiritual practice and chanting ? Whatever I speak here to you I have also done, so I am not intending to place myself above you but, rather, speak as your equal. But one important lesson that I have acquired over the years is that because one has spiritual light shinning within and without, it does not mean that there is no darkness still within, and because one manifests darkness, it does not mean that there is no light within. One rises and falls, rises and falls. All things go in cycles until all darkness is gone.

In this regards, perhaps a consideration is that a teacher is not one that necessarily has no wounds to heal within, but who sees his wound with Radha-Krsna, is healing it, and thus can show the way for others to heal theirs. Let us all stand, trustees, sannyasis, gurus and so on and declare that there is no more resistance to your God and Goddess within you. Otherwise, with thoughtfulness and gentle hearts, work together and help each other rise to brilliance.

So I approach you, on Srila Prabhupada's behalf, for him, as a friend and brother to help you stop this violence immediately, to use a word His Divine Grace often used. My dear friend and partner, Ramdas, said to me as we were discussing this, that so often, in the past, the art department was referred to as the "luxury department" and now so many cultural programs have been aborted, but the big law firm that the BBT-International, Inc., has hired for this case is richer by literally hundreds of thousands of dollars.

It is surely time to stop the hate and fear which is ruling this action and come to a higher understanding. It means to develop the power to be like Srila Prabhupada and Sri Krsna in reconciling opposites. It is time to manifest the nurturing ability of the Supreme Goddess, the Mother of all, Srimati Radharani, to heal hurtful wounds and birth new, healthy mentalities. Don't just ritualize and rigidify Srila Prabhupada's Guru image. See how what you admire and worship about him is within you and manifest his power, clarity, wisdom, forgiveness and vision to please the God, Master and the Movement you all say you love so much.

After all, both Prabhupada and scripture taught, the Guru is One. Now is the opportunity to begin to resolve even the guru issue. Show how you are all gurus by working together to stop this great illusion, and end the pain that Srila Prabhupada is experiencing. Chant great mantras to God and Goddess to have the power to heal with other spirits, not to defeat, condemn or demonize them. You all have the power to have the Guru’s vision and see the genius within all. Prove that the law of God is higher than the law of man. It is in the absence of such high love that we must meet in the legal arena as gladiators in the world and watch in astonishment as two sides fight to the death with the swords of Prabhupada’s earnings.

The BBT-I has chosen this legal forum, has initiated this case against Hansadutta and they are sure they are right. So now I ask Harikesa Swami -- what will you do if the judge rules that the BBT-I does not own the copyrights ? And I also ask Hansadutta - what will you do if the judge rules that the BBT does not own the copyrights ? I am sure that VNN will host your respective responses so please let all the devotees have your response on this essential question.

I can help you resolve this debacle. I will do so officially from the platform of being a trustee of the original BBT. I will not do it to claim any power or run away with copyrights or manipulate money. I do this because Prabhupada is and always has been deep in my psyche and heart. I do it to help you how to be peacemakers and not war makers. I do it because I've learned a few things visiting the dark side of spirit. I do it because I am your brother always. I do it so that your success will make this earth a better place. I do it so that Kali Yuga will not win another victory. I do it because I owe Srila Prabhupada and all the devotees. I do it out of respect and love for our Parents - Sri Sri Radha and Krsna.

For all of you who have shown so much goodness and service to me, may this be the beginning of healing. May peace and wisdom prevail amongst us all.

Yours in the service of Srila Prabhupada,

Bhagavan das
terathen@inreach.com