New Delhi [India], May 15 : The Supreme Court has directed the Uttar Pradesh government to constitute a Special Investigation Team (SIT) to investigate the alleged illegal sale and transfer of lands belonging to the Spiritual Regeneration Movement Foundation of India, a society founded under the guidance of Maharishi Mahesh Yogi.
A Bench of Justice JK Maheshwari and Justice Atul S Chandurkar passed the directions while hearing an appeal against an Allahabad High Court interim order that had restrained the filing of a chargesheet in connection with an FIR registered at Noida Sector 39 police station. Advocate Hemant Shah appeared for the petitioner before the Supreme Court.
The Supreme Court directed that the SIT be constituted under the supervision of the Uttar Pradesh Chief Secretary and that the Registrar of Societies be included as one of its members.
The Court said the SIT must identify all lands belonging to the society and examine how those properties were allegedly transferred or alienated without the permission of the society. Hemant Shah, Advocate, along with Molly Aggarwal, Nitin Saluja, Ms. Vasudha Singh, Ms. Pranya Madan and Ashutosh Kumar, appeared for the petitioner.
The Bench further ordered that a fact-finding inquiry be completed within three months and that the report be handed over to the concerned police authorities. The Court said criminal action should follow wherever fraudulent acts and criminal intent are found.
Setting aside the High Court's direction staying the filing of the chargesheet, the Supreme Court directed the Investigating Officer to complete the investigation and file the police report under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The Court noted that several FIRs had already been registered in different states, alleging fraudulent sale of society lands by persons claiming to be office bearers. The Bench observed that, despite pending civil and criminal litigation, the properties were allegedly continuing to be sold through forged documents.
The Bench also observed that the lands in question were freehold properties of the society and not government lease lands.
Referring to the judgment in Neeharika Infrastructure Pvt Ltd vs State of Maharashtra, the Court reiterated that courts should avoid passing blanket interim orders that obstruct criminal investigation.
While granting interim protection from coercive action to respondent No. 2 till completion of the investigation, the Court directed all accused persons to cooperate with the SIT and police authorities.
Before concluding, the Supreme Court remarked that the society had been established for public welfare and spiritual development, and not for internal groups to misuse valuable properties for personal benefit. The Court directed the SIT to conduct the investigation impartially and ensure maintenance of the rule of law.
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