The Supreme Court on Monday cautioned the parties against giving a political colour to the alleged embezzlement of public donations collected for the construction of Ram Temple in Ayodhya, observing that the proceedings concern the investigation of an alleged cognisable criminal offence and not political issues.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a batch of public interest litigations seeking an independent, court-monitored investigation, preferably by the Central Bureau of Investigation (CBI), into allegations of dishonest misappropriation, criminal breach of trust and diversion of donations received by the Shri Ram Janmabhoomi Teerth Kshetra Trust.
The petitions also seek a forensic audit of the Trust’s accounts, an audit by the Comptroller and Auditor General (CAG), and directions to ensure transparency and accountability in the management of public donations.
During the hearing, the Bench cautioned the parties against politicising the issue, observing that the Supreme Court was concerned only with ensuring that a fair, impartial and legally sustainable investigation is carried out. The Chief Justice remarked that the matter was essentially a straightforward case involving the alleged commission of a criminal offence and that the Court’s role was confined to ensuring a proper investigation in accordance with law.
The Bench noted that, in compliance with its earlier directions, a status report on the progress of the investigation had been placed before it and sought clarification regarding the agency presently conducting the probe.
Appearing for the State of Uttar Pradesh, Solicitor General Tushar Mehta submitted that a Special Investigation Team (SIT) had initially been constituted to verify the allegations and ascertain whether a cognisable offence was disclosed. Based on the findings of the preliminary inquiry, an FIR was subsequently registered and the investigation is presently being conducted by the Uttar Pradesh Police.
The Bench indicated that it would examine the progress of the investigation at the next hearing and asked the State to obtain instructions on whether the investigation itself could be entrusted to a duly constituted SIT comprising senior officers. The Chief Justice directed the State to clarify its position on the issue before the next date of hearing. Accepting the Court’s suggestion, the Solicitor General stated that the State Government would obtain the necessary instructions and place its response on record.
Appearing for one of the petitioners, Senior Advocate Devadatt Kamat submitted that the petitions primarily sought greater transparency and public accountability in the administration of donations collected for the Ram Temple.
He urged the Court to direct preservation and publication of donation receipts and related financial records, contending that contributions had been collected from the public at large and that the records ought to be preserved and uploaded to ensure transparency in the utilisation of public funds. The Bench indicated that it would consider the request at an appropriate stage.
Other counsel appearing in the matter sought interim directions for preservation of all digital and electronic evidence, including financial records, and also requested that the First Information Report be uploaded in the public domain to ensure transparency in the ongoing investigation. The Solicitor General assured the Court that all relevant physical, electronic and financial records had already been preserved.
The Supreme Court posted the matter for further hearing on July 27 and indicated that it would consider issuing appropriate directions regarding the investigation after examining the State’s response.
One of the PILs has been filed by Advocates Ajay Kumar Rai and Dinesh Kumar Yadav, who contend that the allegations of dishonest misappropriation, diversion and embezzlement of public donations warrant registration of criminal proceedings and a time-bound investigation by the CBI under the supervision of the Supreme Court.
The petitioners submit that the existing investigative mechanism lacks the specialised forensic accounting and financial investigative expertise required to examine a complex economic offence involving public donations. They further contend that the preliminary SIT commenced its inquiry before registration of the FIR, thereby raising concerns regarding the evidentiary value and legal sustainability of its findings.
Relying upon the Supreme Court’s decision in *Subramanian Swamy v. State of Andhra Pradesh* relating to the Tirumala Tirupati Devasthanam adulterated ghee case, the petitioners argue that an independent multidisciplinary SIT headed by the CBI may be constituted where the nature of the allegations requires specialised investigation and greater institutional independence.
The petitions also seek interim directions requiring the Shri Ram Janmabhoomi Teerth Kshetra Trust and the State Government to preserve all physical, electronic and financial records relevant to the investigation, including donation registers, ledgers, account books, bank records, UPI transaction logs, CCTV footage, emails, servers, software databases and other documentary material, to prevent any destruction or tampering of evidence.
A separate petition filed by Rashtriya Janata Dal MP Sudhakar Singh similarly seeks transfer of the investigation to the CBI under the supervision of the Supreme Court. The petition also seeks the constitution of a temporary court-monitored oversight committee comprising retired judicial officers, financial experts and persons of impeccable integrity to oversee the Trust’s secular financial and administrative affairs during the pendency of the investigation.
In addition, the petition seeks directions requiring the Trust to periodically publish audited financial statements, details of donations received and utilisation of funds on its official website while safeguarding the privacy of individual donors.
At the previous hearing, the Apex Court had directed the Uttar Pradesh Government to place on record the status report submitted by the SIT and sought the response of the Shri Ram Janmabhoomi Teerth Kshetra Trust to the allegations raised in the petitions. The matter will now be taken up on July 27, when the Court is expected to examine the progress of the investigation and consider the petitioners’ prayers for further directions regarding the investigative mechanism and preservation of evidence.
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