Why Tulja Bhavani under Siege: Matter of Temple Fund: Part 3
Supreme Court Stay and Current Legal Status September 2024 to Present
The implementation of the High Court direction was paused when the State of Maharashtra challenged the ruling before the Supreme Court of India via a Special Leave Petition. The state argued that the auction system had been abolished in 2010 and that registering an FIR after significant delay would adversely affect former district officials who served in ex-officio administrative roles. On September 12, 2024, a Supreme Court bench of Justice Hrishikesh Roy and Justice R. Mahadevan issued notice to the respondents and ordered a stay on the operation of the Bombay High Court judgment.[1] As a result of this apex court order, the registration of the FIR and the CID probe remain legally suspended while the Supreme Court considers the final appeal. Till this date, the matter is pending before the Supreme Court, as some of the respondents had not filed their reply in this matter. Such attitude of government authorities who are respondents in this matter is making the condition of the Hindu temple very pitiful.
Legal Provisions Useful in Such Matters
Substantive Criminal Law under the Indian Penal Code
Because the alleged acts of fraud occurred between 1991 and 2009, the primary statutory charges applied belong to the former Indian Penal Code (IPC). The applicable provisions are already listed in previous article related to this topic. The primary statutory provision invoked is Section 409, which penalizes Criminal Breach of Trust by a public servant, banker, merchant, or agent. This provision is central because officials appointed by the state acted in a fiduciary capacity over temple assets. Supporting charges include Section 406 for general breach of trust, Section 420 for cheating and dishonest inducement, Section 465 for forgery of records, and Section 477A for falsification of accounting ledgers.[2]
Constitutional Writs and Deity Jurisprudence
Procedurally, Article 226 of the Constitution of India served as the core mechanism to bring the executive inaction under judicial review. Through Public Interest Litigation under Article 226, citizens can seek orders directing law enforcement agencies to discharge their statutory duties.[3] Furthermore, Indian legal jurisprudence recognizes a Hindu deity as a juristic person and perpetual minor.[4] This legal status enables public-spirited devotees to approach courts as next friends of the deity when designated administrators fail to safeguard temple property.
Mandatory Registration Rules and Public Trust Legislation
In evaluating police obligation to register cases, courts rely on the precedent established in Lalita Kumari v. Government of Uttar Pradesh. This Supreme Court judgment strictly interprets Section 154 of the Code of Criminal Procedure, holding that police officers are legally required to register an FIR upon receiving information that reveals a cognizable offense.[5] Additionally, the Maharashtra Public Trusts Act, 1950 provides the statutory benchmark governing public trust properties, requiring mandatory annual audits, sanction for disposal of offerings, and regulatory oversight by the Charity Commissioner.[6]
What if a Devasthan Federation is in existence:
Let us consider a situation of well-established Devasthan Federation at Tahsil, District and State Level, in which all the temples in the area shall be members and bound to help each other in any situation. If a well-organized, unified temple federation had been in existence during those critical years, the legal and social fate of the Sri Tuljabhavani Temple might have unfolded very differently. Operating under direct state control, the isolated shrine stood virtually defenseless against bureaucratic inertia and administrative delays. Had an overarching collective body like Devasthan Federation, comprising of temple trustees, traditional priests, and legal scholars, been actively functioning, it would have served as an immediate, institutional shield. Rather than allowing internal inquiry reports like the Shankar Kengar report to sit gathering dust in government corridors for over a decade, a centralized federation would have mobilized dedicated legal teams to drag the executive authorities to court without delay, ensuring that no state communication could quietly drop the investigation under the guise of passing time.
Furthermore, such Devasthan federation would have fundamentally transformed the operational and auditing security around the shrine’s sacred treasures. Instead of allowing government-appointed custodians and local contractors to handle the sacred donation box auctions as mere commercial inventory, an independent Devasthan federation would have established rigorous, real-time oversight over all financial ledgers, gold counting procedures, and land records. It would have pooled institutional resources from hundreds of member temples across the state, ensuring that top-tier legal experts were permanently deployed to defend the deity’s interests from the high court all the way to the apex court.
Beyond courtroom strategy, a functioning Devasthan federation would have given a loud, unified voice to millions of silent devotees whose sacred offerings had evaporated into thin air. By coordinating state-wide public awareness campaigns, publishing transparent audit findings, and applying consistent counter-pressure on administrative bodies, the Devasthan federation would have prevented any official entity from attempting to bury the scandal. Crucially, it would have safeguarded the shrine’s ancient heritage, such as historical gold crowns, sacred coins, and vast expanses of temple land, from being alienated or quietly melted down. In essence, the presence of a strong Devasthan federation would have turned an agonizing, decades-long uphill battle fought by a few isolated activists into a swift, organized, and resolute defense of sacred public trust.
Conclusion: The Imperative of Devasthan Federations for Cultural Preservation
The saga of the Sri Tuljabhavani Temple highlights a systemic vulnerability within the administration of Hindu sacred spaces. Over nearly two decades, sacred offerings donated by millions of devout pilgrims were subjected to flawed auctions, resulting in unaccounted financial losses, missing gold and silver, and administrative delays. While state bodies attempted to close the investigation citing the passage of time, grassroots activism and judicial intervention under Article 226 forced the matter back into the legal spotlight through High Court orders for an FIR. However, with the legal process currently stayed pending Supreme Court review, the journey toward complete accountability remains an ongoing legal struggle.
This entire episode underscores why establishing an organized, nationwide Devasthan federation, with branches at State, Division, District and Tehsil, is vital for preserving Hindu cultural heritage. Isolated temples, when subjected to external control or administrative apathy, often lack the institutional power to protect their land, traditions, and financial assets. A unified Devasthan federation restores collective guardianship to the community, establishing standardized accounting, legal protection networks, and independent oversight. By ensuring that sacred resources remain dedicated solely to spiritual, educational, and community welfare, Devasthan federation provides the structural resilience necessary to safeguard ancient Hindu traditions for future generations.
As Devasthan Federation is completely new concept for unity of all Hindu temples, I request you to contact your nearest temples and ask them to get united under one federation. Unity is the only way to resolve the bigger social issue and temple property misappropriation is very big social issue. Hence get united and work to save Hindu temples, save Hindu Dharma and secure the society. Thanks for reading!
[1] Astha Kaushik, “Apex Court Stays Bombay HC’s Order For Registration Of FIR For Mismanagement Of Tulja Bhawani Temple In PIL By Hindu Janjagruti Samiti”, Verdictum, Dt. 12.9.2024, Available at: https://www.verdictum.in/court-updates/supreme-court/state-of-maharashtra-v-hindu-janjagruti-samiti-stays-registration-of-fir-fraud-misappropriation-management-goddess-tuljabhawani-temple-tuljapur-1551177
[2] Hindu Janjagruti Samiti v. State of Maharashtra & Ors. [Natural Citation: 2024:BHC-AUG:10026-DB] Dt. 9.5.2024
[3] Article 226 of Constitution of India, Available at: https://www.constitutionofindia.net/articles/article-226-power-of-high-courts-to-issue-certain-writs/
[4] M. Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors (Ayodhya Verdict), [2020 (1) SCC 1] Available at: https://library.bjp.org/jspui/handle/123456789/2987
[5] Lalita Kumari vs Govt.Of U.P.& Ors on [AIR 2014 SUPREME COURT 187], available at: https://indiankanoon.org/doc/10239019/
[6] “FAQ On The Maharastra Public Trusts Act, 1950”, BCA Referencer 2015-16, Available at: https://www.bcasonline.org/Referencer2015-16/Other%20Laws/faq_on_the_bpt_act_1950.html