The main legal point established in the judgment is the need for trustees to adhere to the provisions of the trust scheme and relevant laws, and the importance of a scientific and secular approach in dealing with matters involving religious trusts.

JUDGMENT :

T.V. Nalawade, J.

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. Following reliefs are claimed in the present proceeding:-

“A) To call entire record of accounts and audits of the respondent trust from 2009-2019 including details of precious metals collected and procedure undertaken on it and permit copy of the same to the petitioner;

B) To direct the respondents to register FIR against the persons involved in commission of crime in light of complaint made by the petitioner, by issuing a writ of mandamus, or any other appropriate writ, order or direction as the case may be;

C) To supervise and monitor the investigation in respect of alleged complaints, by invoking its inherent and plenary powers;

D) To direct the Central Bureau of Intelligence to conduct preliminary inquiry and call for original records from the trust, pending hearing and final disposal of this petition;

E) To direct the respondents to excavate and dig out the alleged enchanted gold hidden under the statue of goddesses of the temple to re-energise the temple and deity, to verify the purity of the gold for the purpose of police investigation, pending hearing and final disposal of the petition;

F) To grant any other relief to which the petitioners are entitled to.”

3. The petitioner was trustee for some time of Jagdamba Devi Sarvajanik Trust and temple of this Goddess is situated at Mohote, District Ahmednagar. It is his contention that he wants aforesaid reliefs as he is citizen of India and he is resident of Mohote where the present property is situated.

4. It is contention of the petitioner that during the year 2011 and afterwards some illegal acts were committed by the trustees of aforesaid trust and they involve burying of around 2 k.g. of gold in the name of Yantras and showing additional expenditure of Rs.25 lakh for doing ceremonies in respect of so called Yantras. It is submitted that there is clear probability that by showing that Yantras weighing 2 k.g. of gold were buried, the gold and aforesaid amount was misappropriated and so, these acts of the trustees need to be investigated by the police. He has mentioned the names of the persons who were shown as engaged for creation and burial of the so called Yantras in the petition and it is contended that the selection process of the said person was also not proper and that also creates probability that everything was pre-decided and accordingly, aforesaid illegal activity is done by the trustees. It is submitted that though judicial officer of the rank of District Judge acts as a Chairman of the trust, the aforesaid activities were done and the trustees prepared false documents even when judicial officer of aforesaid rank is involved in the management. It is contended that in the past also person who was working as Project Officer had committed illegal activities and in the year 2010 inquiry was made against that Project Officer and the same Project Officer continued to work as Chief Executive Officer (hereinafter referred to as ‘C.E.O.’ for short of the trust and this circumstance creates a probability that from many years such illegal activities of the trust are going on. It is contended that even the auditor appointed to do the audit was not eligible and he was not possessing requisite qualification for conducting audit and it also shows that everything was pre-planned.

5. In the petition, other allegations are made in respect of other irregularities like not showing the account in respect of live stock given as donation, the development of forest land and spending amount under other heads without calling tenders etc. Though these allegations are there, during arguments the learned counsel for petitioner submitted that he is pressing for relief of registration of crime and that too, in respect of the so called burial of 2 k.g. of gold and showing expenditure of Rs.25 lakh for so called religious ceremonies performed for preparation and burial of Yantras