A Bench comprising Justices Hrishikesh Roy and R. Mahadevan issued a notice regarding the appeal submitted by the State of Maharashtra, challenging a May 9 ruling by the Bombay High Court.
NEW DELHI: The Supreme Court on Monday(9th Sept) stayed the criminal investigation and complaint against the management of the Tulja Bhavani Temple in Maharashtra, which involved accusations of misusing donations from devotees.
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A Bench comprising Justices Hrishikesh Roy and R. Mahadevan issued a notice regarding the appeal submitted by the State of Maharashtra, challenging a May 9 ruling by the Bombay High Court.
Solicitor General Tushar Mehta, along with Advocate Aaditya Aniruddha Pande, represented the State government before the Supreme Court. After issuing notice, the apex court halted further proceedings, pending a thorough review of the case.
The High Court’s decision arose from a public interest litigation (PIL) filed by the Hindu JanJagruti Samiti, a trust concerned with the preservation and maintenance of the Tuljabhawani Temple in Tuljapur.
On May 9, the Aurangabad Bench of the Bombay High Court directed that a case be registered concerning the misappropriation of donations, including cash and valuables, from the Tulja Bhawani Temple in Tuljapur, Maharashtra.
This order followed two inquiry reports revealing that approximately Rs 8.46 crore in cash, gold, and other valuables had been embezzled by officials through the auctioning of the temple’s donation boxes.
The bench, comprising Justices Mangesh S. Patil and Shailesh Brahme, ordered that the investigation be conducted by an officer of Superintendent of Police rank.
The court criticized the state government for attempting to oppose the investigation by arguing that the inquiry might not substantiate the embezzlement claims. The court rejected the state’s stance, stating it was inappropriate to prejudge the matter.
Highlighting the seriousness of the allegations, the court stated,
“Since the case involves misappropriation and criminal breach of trust, along with forgery, all cognizable offenses punishable under relevant sections of the Indian Penal Code, criminal law must be invoked, and a thorough investigation is required.” The court further noted that if the investigating officer fails to gather evidence, the charges may not be pursued, but the investigation cannot be preemptively dismissed.
BACKGROUND
In August 1984, the management of the Tulja Bhawani Temple decided to auction off the donation boxes. Although this practice was halted in September 1991 after it was found to be detrimental to the temple, it was resumed shortly after and continued until 2009. During this period, allegations of widespread embezzlement surfaced, with claims that while the temple received significant amounts of cash, gold, silver, and other valuables as offerings, only a small portion was properly accounted for during the auctions.
In 2009, the Collector and the office of the Joint Charity Commissioner recognized the embezzlement. Subsequently, in 2011, then-Chief Minister Ashok Chavan assigned the CID to investigate the matter. However, no progress was made. In 2015, the Hindu Janajagruti Samiti filed a PIL in the High Court, demanding an investigation.
In response to this petition, an inquiry report was submitted to the court on September 29, 2017, in a sealed cover. The report recommended filing charges, but no case was registered, leading the petitioners to file another plea in 2017, requesting the formation of a Special Investigation Team to recover over ₹8 crore from those responsible for embezzling donations.
After the submission of the report, the Maharashtra DGP ordered a re-investigation in November 2017, and the subsequent report, filed in February 2018, provided a detailed account of the misappropriation, including the names of trustees involved. The report recommended registering a crime under multiple sections of the Indian Penal Code and the Maharashtra Public Trust Act, 1950.
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The report concluded that between 1991 and 2009, approximately Rs 8.46 crore had been embezzled. This report was forwarded to the Home Department in March 2018, but the department ordered yet another inquiry.
As per January 2020 report, however, claimed that while there were irregularities and negligence by trustees—who were government officials such as Collectors, Sub Divisional Officers, and Tahsildars—they could not be held criminally liable due to the time elapsed. It recommended against further departmental action.
The court observed that the first two reports clearly indicated misappropriation, while the third report lacked concrete evidence. It attributed the trustees’ actions to negligence rather than intentional misappropriation. The state government backed this third report, arguing that earlier calculations were speculative, and no substantial evidence existed to prosecute the accused.
The petitioners countered, pointing out that both the Collector in 2009 and the Joint Charity Commissioner had identified gross mismanagement and illegal auctions of the donation boxes, which constituted criminal breach of trust. They argued that the state’s refusal to register a case indicated a desire to shield government officials. The government denied this, arguing that the allegations were based on inferences rather than concrete evidence, and pursuing the case would be futile.
However, the High Court rejected the state’s stance, emphasizing that when police reports indicate misappropriation and recommend an investigation, criminal law must be enforced, and a thorough investigation conducted. The court also noted that even the latest report, which argued against filing charges, agreed that the auctioning of the donation boxes should not have occurred. In fact, the Joint Charity Commissioner had already ordered its cessation in 2010.
The court concluded that the issue needed to be brought to a logical conclusion, even if it meant registering a crime. The matter gained further attention in 2010, when a priest’s complaint led to the sealing of the donation boxes for a month. Upon reopening, it was discovered that the temple received 443 grams of gold in just one month, compared to only 40 grams recorded over the previous decade—highlighting the scale of the misappropriation.
The Hindu Janajagruti Samiti hailed the court’s decision as a victory, stating that their nine-year legal battle had finally borne fruit. The organization vowed to continue their efforts until the corrupt officials involved faced justice. Senior Advocate Sanjeev Deshpande, along with Advocate Suresh Kulkarni and Advocate Umesh Bhadgavankar, represented the petitioners in court.
The State subsequently appealed the High Court’s ruling to the Supreme Court.
