New Delhi, June 22 (SocialNews.XYZ) A fresh Public Interest Litigation (PIL) has been moved before the Supreme Court seeking registration of an FIR and a court-monitored investigation by a CBI-led Special Investigation Team (SIT) into allegations of financial irregularities, missing funds, and mismanagement in the affairs of the Shri Ram Janmbhoomi Teerth Kshetra Trust.
The petition, filed under Article 32 of the Constitution by advocates Ajay Kumar Rai and Dinesh Kumar Yadav, seeks a direction for a "fair, impartial, comprehensive, and time-bound investigation" into allegations concerning donations and funds received for the construction and administration of the Ram Temple at Ayodhya.
According to the plea, allegations disclosed in media reports and other publicly available material prima facie indicate "serious instances of dishonest misappropriation, diversion, embezzlement and breach of trust" relating to public donations and funds entrusted for religious and charitable purposes.
"The nature and gravity of the allegations warrant the immediate registration of a regular case/FIR and a fair, independent and time-bound investigation in accordance with law,” the petition said.
It contended that the handling of donations by an institution serving in a fiduciary capacity directly affects the faith and confidence of millions of devotees who have voluntarily contributed towards the construction of the Ram Temple. It questioned the adequacy of the Special Investigation Team (SIT) constituted by the Uttar Pradesh government to examine allegations relating to missing funds and accounting irregularities, arguing that the scope and powers of the SIT remain unclear.
"The truthfulness or otherwise of the allegations pertaining to the reported missing funds, accounting irregularities and other financial discrepancies concerning Shri Ram Janmbhoomi Teerth Kshetra Trust can be ascertained only through a comprehensive, independent, and professional investigation conducted by an agency possessing specialised expertise, adequate resources, technical capabilities and an established institutional framework for investigation of complex financial and economic offences," the petition stated.
The petitioners argued that a fact-finding inquiry by an SIT comprising administrative officers may not possess the forensic accounting expertise, investigative infrastructure, and nationwide jurisdiction necessary to trace fund flows, identify culpable persons and uncover the full extent of the alleged irregularities.
The plea further said that the SIT inquiry has commenced without registration of an FIR or any regular criminal case, which could affect the evidentiary value of material collected during the inquiry and undermine future prosecution, if warranted.
"The initial stages of any criminal investigation are often critical for the discovery and preservation of incriminating evidence, and delay may create opportunities for tampering with material evidence," the petition said, adding that measures such as search and seizure, forensic examination of records and custodial interrogation, where legally justified, may fall beyond the scope of a preliminary inquiry.
Referring to the Supreme Court’s intervention in the Tirumala Tirupati Devasthanam (TTD) laddoo adulteration controversy, the plea said that the apex court had replaced a state-appointed SIT with a multidisciplinary SIT headed by the CBI.
"The principles that weighed with this Hon’ble Court in directing an independent CBI-led or supervised investigation in the Tirumala Tirupati Devasthanam matter are equally attracted to the facts and circumstances of the present case," the plea submitted.
Besides seeking a CBI-led probe, the petition has also sought directions to the Trust, the Uttar Pradesh government and the Union government to establish regulatory, supervisory and audit mechanisms for ensuring transparency and accountability in the receipt, management and utilisation of donations and assets.
As an interim relief, the petitioners have requested the apex court to direct preservation of all physical, digital and financial records of the Trust, including donation registers, audit reports, bank account details, CCTV footage, servers, hard disks and other material relating to receipt and utilisation of donations.
The plea also sought directions restraining the destruction, alteration, transfer or tampering of any records, assets, funds or electronic data connected with the allegations under scrutiny.
Source: IANS
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