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SC Set Aside CBI Investigation Order Of Jharkhand High Court In The Matter Of Sale Of Property Of Deity

Courtesy/By: Mariya Paliwala | 03 May 2019

The apex court has set aside an order of Jharkhand HC, relating to the order the CBI to investigate in the matter of sale of property of deity, which is allegedly said to be the illegal transaction of temple property.

The division bench comprising of Justice DY Chandrachud and Justice Hemant Gupta were of the view that HC misdirected itself by directing the CBI to take over the investigation in a matter which related to the rights which empowers the trustees to sell the property of a religious trust or deity which intern gave rise to a civil dispute.

While presiding over a PIL, the fact that the permission to transfer the property was obtained by the temple trust from Bihar state Board of Religious trust by misrepresentation and fraud. Since all the allegations were against the government, the HC directed the CBI to investigate the case.

The bench was of the view that the functioning in the government is by different officers and the working of the executive has the inbuilt checks and balances.

Wherefore, merely because permission has been granted by the functionary of the state government will not disclose a criminal offense. The HC has this given orders beyond its jurisdiction.

Courtesy/By: Mariya Paliwala | 03 May 2019