Bombay HC orders probe into alleged embezzlement of donations to Tulja Bhavani temple between 1991-2009

Mumbai: The Aurangabad bench of the Bombay High Court has ordered a police probe into the alleged embezzlement of money and other valuables donated to the Tulja Bhavani temple at Tuljapur in Maharashtra's Dharashiv district between period 1991 and 2009.

A division bench of Justices Mangesh Patil and Shailesh Brahme on Thursday directed for a FIR to be registered and said the probe shall be conducted by the officer of the rank of Superintendent of the State Crime Investigation Department (CID).

The court passed the order on a public interest litigation (PIL) filed by a charitable trust, Hindu Janajagruti Samiti, highlighting the alleged fraud and misappropriation which took place in the management of the Tulja Bhavani Temple Trust during that period.

As per the plea, at the time there were no by-laws or rules and regulations for its management.

The plea sought registration of an FIR.

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

The state government had opposed the plea and claimed that registration of 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 preempted'.

"We cannot countenance the stand being taken by the state government 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. However, 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.

As per the plea, since 1984 the temple trustees undertook the practice of auctioning of the temple's donation box.

This practice was stopped in September 1991. However, without giving any reason, the practice of auction was restarted between 1991 and 2009.

It was during this period that there was rampant embezzlement in respect of the offerings to the deity. In spite of huge offerings of gold and silver ornaments through the donation box only few were accounted for, the plea claimed.