Case Note & Summary
The Supreme Court allowed the appeal against the High Court of Jharkhand's order directing the Central Bureau of Investigation to investigate the transfer of land belonging to Shree Shree Ram Janki Ji Asthan Tapowan Mandir, a religious trust. The dispute arose from a Public Interest Litigation filed by Respondent No. 8, a citizen, alleging illegal transfer of deity property by the trustees in connivance with government officials. The High Court, relying on a previous PIL where CBI investigation was ordered, directed CBI to probe the criminality in the creation of a 2005 Trust Deed, transfer of land, and sanctioning of maps. The appellants, the Trust and the Pujari, challenged this order, arguing that the Trust Deed of 1948 and 1987 allowed development and transfer of property, and that approvals were obtained from the Bihar State Board of Religious Trust and the Judicial Commissioner. The Supreme Court held that the High Court erred in entertaining the PIL as the dispute involved a religious endowment without any public element. It further held that the High Court's direction for CBI investigation was not justified as there was no sufficient prima facie material to warrant such an extraordinary step, and the order was passed casually. The Court emphasized that the power to direct CBI investigation must be exercised sparingly and only in exceptional cases, as laid down in State of West Bengal v. Committee for Protection of Democratic Rights and Secretary, Minor Irrigation v. Sahngoo Ram Arya. The Supreme Court set aside the High Court's order and dismissed the PIL.
Headnote
A) Public Interest Litigation - Maintainability - Religious Trust Property - Dispute regarding transfer of property of a deity does not involve a public element, hence High Court should not entertain such PIL - Held that the High Court should have refrained from entertaining the PIL as the grievance pertains to a religious endowment without public element (Paras 10). B) CBI Investigation - Power of High Court under Article 226 - Conditions for directing CBI probe - High Court can direct CBI investigation only in exceptional cases where there is sufficient material to prima facie conclude need for such inquiry, not merely on allegations - Held that the High Court's order was passed casually without proper application of mind (Paras 12-13). C) Religious Trust - Transfer of Property - Section 44, Bihar Hindu Religious Trust Act, 1950 - Power to transfer immovable property with previous sanction of Board and approval of District Judge - Held that the appellants claimed to have obtained necessary approvals, and High Court erred in creating suspicion without examining the validity of such approvals (Paras 11).
Issue of Consideration
Whether the High Court was justified in entertaining a Public Interest Litigation concerning alleged wrongful sale of property of a religious trust and directing CBI investigation without sufficient prima facie material.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order dated 07.06.2017, and dismissed the Public Interest Litigation.
Law Points
- Public Interest Litigation
- CBI Investigation
- Religious Trust Property
- Transfer of Property
- Jurisdiction of High Court
- Article 226
- Article 21
- Bihar Hindu Religious Trust Act 1950
