Bombay HC’s order for the registration of F.I.R. in the mismanagement of the Tulja Bhawani Temple case was stayed by the SC
Last Updated on September 13, 2024 by Shianjany Pradhan
Background
The bench comprised of Justice Hrishikesh Roy and Justice R Mahadevan looked into the matter.
The Bombay HC had passed the order on the P.I.L., which was initiated by a charitable trust, Hindu Janjagruti Samiti, which claims to be interested in the maintenance of the temple.
An S.L.P. had been filed whereby the order of the Bombay HC was challenged
Advocate Tushar Mehta submitted that the auctioning of the throne donation box as a practice was stopped way back in 2010.
He submitted that from 1999 to 20009, several government officers were posted in the official capacity on the temple trust board.
If such a direction of the HC is executed, then it can have an impact on the ones who have been superannuated and are no longer connected with the government.
He also relied on the case of Sakiri Vasu and submitted that the extraordinary jurisdiction of the court should not have been invoked.
Rather the powers of the court under section 156 of the Cr.P.C must have been referred to.
Conclusion
The order of the Bombay HC that directed the registration of an F.I.R. based on the allegations of fraud on the management of the temple of goddess Tuljabjawani was stayed by the SC.
The SC stayed the impugned order and issued a notice in the matter.
