New Delhi: Supreme Court Monday asked the Uttar Pradesh government to apprise it about the possibility of setting up an SIT to probe the alleged embezzlement of donations at the Ram temple in Ayodhya and cautioned the litigants not to politicise the issue.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana asked Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, to take instructions on whether the Special Investigation Team (SIT), which had examined the entire issue before the registration of the FIR, could be entrusted with the responsibility to probe the case instead of the local police.
“Just a word of caution. Please don’t politicise the issue. The courts are not a place for politics. It is a simple case of commission of crime. We are (here) just to ensure a proper investigation,” CJI said.
At the outset, Mehta said that in compliance with an earlier order, the state government has filed a status report.
“Investigation is going on. Eight persons were arrested. I cannot divulge much,” he said.
Asked whether the SIT was probing the case, Mehta said, “The SIT was constituted to find out the truthfulness. Now it is being probed by the police. The SIT just found that there is a cognisable offence.”
The bench noted that two senior IAS officers and the Inspector General of Police of Lucknow were part of that SIT and asked whether they could conduct the main investigation to ensure fairness and transparency.
Senior advocate Devadatt Kamat, appearing for one of the petitioners, said, “Our PIL is stating that when the temple was built they sought donation from everyone. Now we are seeking that those receipts are preserved and uploaded.”
The bench said it will look into this and pass certain directions when it takes up the case next Monday.
On July 13, the bench had directed the Uttar Pradesh Police to submit a status report in the matter.
It had also issued a notice to the Shri Ram Janmabhoomi Teerth Kshetra Trust on pleas seeking a fair and time-bound probe into the alleged donation theft.
Narendra Kumar Goswami, one of the three petitioners, moved the top court seeking a probe by the Central Bureau of Investigation (CBI) into the matter.
He also sought an audit of the finances of the Trust, which manages the affairs of the Ram temple, by the Comptroller and Auditor General (CAG).
Ajay Kumar Rai and Dinesh Kumar Yadav filed the second petition seeking similar measures.
Besides seeking a Supreme Court-monitored CBI probe, the third petition filed by RJD MP Sudhakar Singh has sought a forensic audit of the entire finances of the temple Trust.
Earlier, a partial working day bench headed by Justice B V Nagarathna had asked one of the petitioners to mention the case for urgent hearing on a later date.
The petition, filed by practising advocates Ajay Kumar Rai and Dinesh Kumar Yadav, said a CBI-led multi-disciplinary SIT should investigate the alleged financial irregularities and other purported illegalities concerning the affairs and administration of the temple trust.
In the petition, Rai sought directions to the Centre, the Uttar Pradesh government and the Trust for constituting and operationalising such regulatory, supervisory and audit mechanisms, as may be necessary, to safeguard public interest and maintain the confidence of millions of devotees and donors.
Whether or not the reports regarding missing funds and other alleged irregularities concerning the Trust are ultimately found to be true, such reports have caused deep concern among the generations that struggled for the restoration of the glory of Ayodhya, the plea said.
It also said the SIT constituted by the Uttar Pradesh government commenced its inquiry into the matter without the registration of an FIR or any regular criminal case.
The plea said the issues involved not only concern the possible commission of cognisable offences, but also directly affect the faith, sentiments and confidence of countless devotees and the public.
On June 13, the Uttar Pradesh government constituted the SIT on a request from the temple Trust following allegations of misappropriation of donations received at the Ram temple.
The SIT comprised Lucknow Divisional Commissioner Vijay Vishwas Pant, Inspector General of Police Kiran S and Special Secretary (Finance) Neel Ratan.
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