New Delhi, Nov 2 In a significant development, the Supreme Court on Monday closed the proceedings on a batch of petitions seeking an independent probe into the Ayodhya Ram temple donations embezzlement case, saying that the local court would now proceed with the trial in the case against the accused.
Taking note of the Uttar Pradesh government's submission that the apex court-appointed Special Investigation Team (SIT) has filed a chargesheet in the case, a bench headed by Chief Justice Surya Kant said that now the state can proceed with the trial in accordance "with the law".
Taking note of a provision of the Bharatiya Nagrik Suraksha Sanhita (BNSS), the bench, also comprising Justices Joymalya Bagchi and V Mohana, said "since there is an element of public interest" and hence, like a victim of an offence, the writ petitioners before it are granted the liberty to assist the judicial magistrate at Ayodhya in the upcoming trial.
While putting the curtains down on the petitions before it, the bench said that it has not made any observations on the merits of the case.
"The State of Uttar Pradesh has filed a status report, according to which, the chargesheet has now been filed in the matter. Keeping this in view, we dispose of the writ petition and other connected matters with a direction to the judicial magistrate to proceed in the matter in accordance with law.
"Since there is an element of public interest involved, liberty is granted to the writ petitioners to assist the judicial magistrate on the same premise as the law enables a victim of crime to assist the court. It is however clarified that in order to ensure that no prejudice is caused to anyone, this court has not expressed any opinion on merits", the order stated.
During the hearing, Solicitor General Tushar Mehta, appearing for the UP government, said that the SIT probe found that donations at the temple were embezzled during the counting process.
Mehta said some of the accused, who were involved in the counting process of the donations, have embezzled the money and some have invested in properties while others have kept the amount in banks as deposits.
He said that investigators have been able to trace back the money in banks and with respect to property transactions in one case, the sale deed showed an amount of Rs 15 lakh was paid while the actual cost of the property was Rs 50 lakh.
The remaining amount was probably paid in cash, which also came from the misappropriation, he said.
Mehta added that there was an audit conducted as well and assured the court that all artefacts and other things were found intact during the investigation.
When the CJI expressed concern for the future, Mehta said certain measures have been taken to prevent recurrence of such incidents.
The bench asked advocate Varinder Kumar Sharma, appearing for Akhil Bharat Hindu Mahasabha and other petitioners, to raise their grievances, if any, before the trial court.
The top court also refused to entertain a fresh plea to determine if the Ram temple stands on land adjudicated in the main Ayodhya dispute case.
On September 21, the court-appointed SIT probing the alleged embezzlement of donations at the Ram temple in Ayodhya informed the court that it will file its first chargesheet on or before September 25.
The top court had earlier asked the SIT to complete its investigation expeditiously and take it to a logical conclusion.
It had directed the SIT to file its status report in a sealed cover on the progress made in the investigation into the donations theft case.
On July 27, the top court took note of the setting up of the four-member SIT headed by IGP Kiran S to probe the alleged embezzlement of donations.
It had asked the UP government to also include a forensic auditor in the probe team.
Observing that "remedial actions will have to be taken", the bench had said steps will be taken to "ensure transparency".
On July 20, the bench asked the UP government to apprise it about the possibility of setting up an SIT to probe the alleged embezzlement of donations.
It had earlier issued a notice to the Shri Ram Janmabhoomi Teerth Kshetra Trust on pleas seeking a fair and time-bound probe into the alleged donations theft.
After allegations of irregularities in the management of donations surfaced at the Ram temple, several petitioners, including RJD MP Sudhakar Singh, moved the apex court seeking a probe by the CBI and a forensic audit of the finances of the temple trust.
