Supreme Court refuses to order CBI probe in Ayodhya temple donation theft case

However, the Supreme Court granted the petitioners liberty to assist the trial court in the case.

The Supreme Court on Monday disposed of a plea for a CBI probe into the donation theft at the Ayodhya Ram temple, stating that the Special Investigation Team (SIT) that had probed the case had filed a chargesheet.

A three-judge bench presided over by Chief Justice of India Surya Kant said, "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 this writ petition and other connected matters with a direction to the learned Judicial Magistrate to proceed in the matter in accordance with law."

The bench added that "since there is an element of public interest involved, liberty is granted to the writ petitioners to assist the learned Magistrate on the same premise as the law enables a victim of crime to assist the court."

The bench, also comprising Justices Joymalya Bagchi and V Mohana, clarified that it "has not expressed any opinion on merits" to "ensure that no prejudice is caused".

'Theft took place during counting'

Appearing for the state, Solicitor-General Tushar Mehta said the theft mostly took place during counting. "Individuals who were counting have taken the money," he said.

He added that CCTV footage existed only for a limited period. "We went backwards. What they used to do was they would take the money and invest somewhere or deposit it in the bank accounts. So we checked the bank accounts of each of the employees who are accused. And we went backdate, that how much amount was deposited. And we have that figure. Some of them have invested in property," he said.

Mehta said an audit was also conducted and that "all artefacts or all chadava are found to be intact". He added that measures have been taken to ensure such incidents do not happen again.

Taking note of the submissions, the CJI told the petitioners that the bench would ask the trial court to permit them to assist the magistrate.

"We will now direct the Court to proceed in the matter. And we will grant you people also liberty wherever necessary, to continue to assist the court...it's not a simpliciter case of an accused versus state. It's a case where some element of public interest is also involved. Therefore, we will grant you, as the law permits victims of a crime, to assist the court," he said.

On a fresh petition filed in the matter, Mehta said it was in fact seeking a review of the November 2019 judgment in the Ram Mandir title dispute case.

Expressing surprise over the prayers in the petition, the CJI said the petitioner should rather file a civil suit highlighting his grievances.