Bombay HC orders probe on Tuljabhavani temple donation fraud.

Tuljabhavani temple at Tuljapur in Dharashiv district of Maharashtra.

As HJS alleges Tuljabhavani temple donation fraud in a PIL, Bombay HC orders probe.

Mata Tuljabhavani Devi

Upendra Bharti | HENB | Mumbai | May 11, 2024:: The Aurangabad bench of Bombay high court has ordered a police investigation into the alleged embezzlement of money and other valuables donated to Tuljabhavani temple at Tuljapur in Dharashiv district between 1991 and 2009.

A division bench of Justices Mangesh Patil and Shailesh Brahme on Thursday directed registration of an FIR and probe by an officer of the rank of superintendent of the state CID.

The high court passed the order on a PIL (Cr. PIL 05 of 2022) filed by a charitable trust, Hindu Janajagruti Samiti, highlighting the alleged fraud and misappropriation under the management of Tuljanhavani Temple Trust between 1991 and 2009. According to the plea, there were no by-laws or rules and regulations for its management at the time.

The court took note of two inquiry reports that police submitted in 2009, concluding that Rs 8.46 crore in cash, gold and other valuables were allegedly misappropriated by officials by auctioning donation boxes of the temple during the period.

State govt had opposed the plea and said an FIR at this stage would be futile as a long time has lapsed. The court, however, said such issues and actions cannot be “prejudged and pre-empted”.

“We cannot countenance the stand being taken by state govt prejudging the issue. If at all the crime is registered and investigated and if the investigating machinery/officer is unable to collect the material, obviously, he will not be in a position to substantiate the allegations and may not even file a chargesheet. But, the action cannot be preempted,” the HC said.

It added that the matter pertains to misappropriation and criminal breach of trust resorting to forgery, and hence the criminal law must be set in motion. “There has to be a threadbare investigation into the allegations,” the court said.

Download the Court Order to read it: CRIMINAL PUBLIC INTEREST LITIGATION NO. 05 OF 2022 FILED BY HINDU JANAJAGRUTI SAMITI

The plea stated that since 1984, the temple trustees undertook the practice of auctioning of temple’s donation box. This practice was stopped in Sept 1991. However, without giving any reason, the practice was restarted between 1991 and 2009.

It may be mentioned that in the period of 1991 to 2009 both the National Congress Party and Shiva Sena- BJP alliance ruled the state in different phases.

Ramesh Shinde of Hindu Janajagruti Samiti has welcomed the direction of the Hon’ble Aurangabad Bench of the Bombay High Court.

Between 1991 and 2009, corruption involving crores of rupees in donation box auctions sparked legislative discussions. In 2011, then Chief Minister Ashok Chavan instructed the State Criminal Investigation Department to probe the scam. However, due to the involvement of administrative officers and public representatives, the investigation stagnated for 5 years. In 2015, the Hindu Janajagruti Samiti, with the assistance of the Hindu Vidhidnya Parishad, filed a Public Interest Litigation in the Aurangabad Bench of the High Court. Despite submitting the inquiry report to the Home Department in 2017 as per the court’s order, no action was taken after five years. Consequently, the committee filed another petition in 2022 to prompt action.

The High Court questioned the government’s inaction over 5 years, prompting revelations that the investigation was closed citing the case’s age. Referring to the Supreme Court’s ruling in ‘Lalithakumari versus Government of Uttar Pradesh, 2014 (2) SCC No.1’, which mandates registering criminal cases upon the commission of a cognizable offence, the court emphasised the necessity for public accountability, vigilance, and corruption prevention. Considering the Shankar Kengar Committee’s findings, the court ordered the investigation to resume, asserting the appropriateness of filing criminal cases given the embezzlement of Rs 8.45 crore. Senior Advocate Sanjeev Deshpande, along with Founder Member of Hindu Vidhidnya Parishad Advocate (Pujya) Suresh Kulkarni and Advocate Umesh Bhadgavankar, represented the committee before a bench comprising Justice Mangesh Patil and Justice Shailesh Brahme.

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__With inputs from PTI & HJS.