On 9 May, in a groundbreaking decision, the Aurangabad bench of Bombay High Court ordered the registration and investigation of 16 convicts involved in a purported scam amounting to around 8 crores 45 lakh 97 thousand rupees worth of cash, gold and other valuables at the Sri Tuljabhavani temple. The bench of justices Mangesh S Patil and Shailesh Brahme ordered that an officer of the rank of Superintendent of Police should investigate the matter. The court also slammed the state govt for arguing against probing the matter by saying that the investigation may not prove the allegations of embezzlement. The court said the state government’s decision to prejudge the issue is not acceptable.
The long struggle of Hindu organizations against systemic corruption
The matter relates to the alleged embezzlement of valuables received in donation boxes of the Tulja Bhawani Temple from 1991 to 2009. During this period, the donation boxes were auctioned, and allegedly fraud and misappropriation took place by temple officials. The temple management had decided to auction the donation boxes in August 1984.
In September 1991 the practice was stopped after it was found to be against the interest of the temple. But despite that, the auction process was resumed after a few months, which continued till 2009. Allegedly, there was rampant embezzlement of donations during this period. While the temple received huge amounts of cash, gold, silver, and other valuables as offerings to the deity, only a few were accounted for in the auction process.
In 2009, the collector realised that such embezzlement was taking place. The office of the Joint Charity Commissioner also came to the same conclusion. After that, the CID was asked to investigate the matter in 2011 by CM Ashok Chavan. However, there was no progress in the case, and in 2015, Hindu Janajagruti Samiti and Hindu Vidhidnya Parishad filed a PIL with the High Court seeking an investigation into the matter. Despite submitting the inquiry report to the Home Department in 2017 as per the court’s order, no action was taken after five years. Consequently, the Hindu organizations filed another petition in 2022 to prompt action.
HC slams the state government over inaction and apathy.
The High Court questioned the government’s inaction over 5 years, prompting revelations that the investigation was closed citing the case’s age. Referring to the Supreme Court’s ruling in ‘Lalithakumari versus Government of Uttar Pradesh, 2014 (2) SCC No.1’, which mandates registering criminal cases upon the commission of a cognizable offence, the court emphasized the necessity for public accountability, vigilance, and corruption prevention. Considering the Shankar Kengar Committee’s findings, the court ordered the investigation to resume, asserting the appropriateness of filing criminal cases given the embezzlement of Rs 8.45 crore.
Regarding the court order, the Hindu Janajagruti Samiti issued a statement saying that the successful legal battle fought by the Hindu Janajagruti Samiti and Hindu Vidhidnya Parishad over the past nine years has culminated in this significant victory. “The decision brings relief and joy to millions of devotees across Maharashtra, Karnataka, Andhra Pradesh, and Goa. The Hindu Janajagruti Samiti vows to persist until the corrupt officials responsible for misappropriating government funds face justice,” said the Samiti. Senior Advocate Sanjeev Deshpande, along with Founder Member of Hindu Vidhidnya Parishad Advocate Suresh Kulkarni and Advocate Umesh Bhadgavankar represented the petitioners in the court.
