The Supreme Court on Monday directed the Special Investigation Team (SIT) probing allegations concerning the financial affairs and alleged misapplication of funds of a trust to place its status report before the Court. The Bench also permitted the petitioner and any other public-spirited person to submit suggestions to the Office of the Solicitor General regarding aspects that may require thorough investigation by the SIT, directing that such suggestions be forwarded to the SIT for consideration.
The Court was informed that the SIT, constituted pursuant to its earlier order, comprises the officers specified in that order along with a forensic auditor, and has been investigating the financial affairs of the trust. The status report has been prepared and is to be filed in the Registry in sealed cover for the Court’s consideration.
The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana made clear that the SIT’s mandate is presently confined to the investigation of the FIR, and that it is expected to conduct the probe in a fair, independent and dispassionate manner.
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“Our SIT is limited to the investigation of the FIR in a fair, independent, dispassionate manner. Whatever suggestions are there regarding the investigation, we will consider them…The status report has been prepared and may be filed in the registry in a sealed cover for the appraisal of this court. We also permit the petitioner or any other bona fide public-spirited person to give their suggestions to the Office of the Learned Solicitor General with respect to the aspects that may be required to be thoroughly investigated by SIT.All such suggestions shall be forwarded to the SIT. We have no reason to doubt that these things shall be objectively considered.”
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During the hearing, an affected party and trustee sought permission to place additional material before the Court and suggested that certain aspects required examination for a qualitatively better investigation. The Court said that all parties could provide suggestions so that it could issue further directions, if necessary.
The Bench also permitted interveners and applicants to assist the Court in the proceedings.
Concerns were also raised regarding the transparency and maintenance of donations received by the trust. One submission was that details of donations received could be published without affecting the investigation. The Court noted that it was conscious of the need for transparency concerning the maintenance of donation funds and indicated that directions concerning reforms could be issued.
The Court, however, declined to permit disclosure of the SIT report at this stage. It said it would first examine the report and determine whether disclosure could have any effect on the ongoing investigation.
The State sought time to file its reply, with three weeks’ time indicated for the same. The Court also reiterated that issues concerning the structural functioning of the trust were beyond the immediate scope of the present proceedings, which were concerned with investigation of the FIR.
The Court stressed that its immediate concern was to ensure that the investigation is taken “to a logical conclusion”, while leaving any separate issues relating to the structure of the trust to be examined independently if raised in appropriate proceedings.