Bombay High Court
Anand Narain Poharkar vs Lokmat Newspaper Charitable ... on 30 August, 2001
Bench: J Patel, S Shah
ORDER
1. Heard the learned counsel for the parties.
2. Shri Darda, learned counsel appearing for respondent No. 7 has brought to our notice startling facts about individuals, Corporate Bodies and Trusts having collected crores of rupees in the name of Kargil War Fund and have appropriated it for themselves with an avowed object of helping those who have sacrificed their life or suffered disability in the war and their families. Mr. Darda has given an illustration that as per his instructions, the Times of India Group has collected huge funds in the name of Kargil War, for family members of the soldiers who have participated in the Kargil War and that as per their scheme, the funds collected from such donations, has been deposited in some commercial bank and the interest accruing on such deposit, is spent for the project i.e. being spent to benefit the family members of the soldiers and this will be only for a period of 5 years and thereafter the corpus would vest in the coffers of Times of India Group. If this is true we can visualise that how the Corporate Bodies have benefited (SIC) by amassing huge wealth in the name of Kargil War. The situation is not much different in so far as the respondents 1 to 8 are concerned. Here also the Trust has collected 1.87 crore from the public for "Lokmat Kargil Sahid Sahayak Nidhi" and the funds are appropriated in Lokmat Newspaper Charitable Trust. Lokmat Bhavan, Nagpur and being utilised by the trustees for floating schemes like opening Hospitals, Hostels and helping the wounded soldiers of the war, rehabilitation and helping their children in prosecuting their education. We are not on the bona fides of the Respondents Trust but we fail to understand that why the Government, i.e. Central as wall as State Government has not regulated the collection of such funds from the public at large. It has now become a common feature that in case of any calamity man made or natural, Organizations sprung up like mushrooms and appeal to the public at large by invoking their sentiments and emotions which facilitate them to collect huge funds and appropriate in the manner they feel it proper. There is no Government Agency to regulate the collection of such funds and to monitor that funds so collected really reach the beneficiaries.
3. Shri Darda, learned counsel submits that the provisions of Bombay Public Trust Act do take care of all this. In our opinion, the provisions of the Bombay Public Trust Act are not enough to regulate the collection of such funds. If the Government takes stock of the situation, probably it would realise that in the name of Kargil War, crores of rupees must have been collected from the public and one does not know whether this has actually reached the beneficiaries of the cause for which the people have donated the funds. We would, therefore, like the learned counsel appearing for the Union of India, so also the State of Maharashtra to seek instructions from the Chief Secretary, Secretary of Home Department and Secretary of Finance Department of the State; and Cabinet Secretary, Secretary of Finance Department and Secretary of Defence of the Central Government as to whether the Government has any proposal to audit the funds collected by such persons/ institutions and secure the funds by depositing in Government treasury and to come with appropriate legislation to regulate and monitor such collection of funds in future.
4. It will be proper that the Central Government as well as State Government collect data through their officers as to how many persons, organizations, trusts, corporate bodies have collected the funds in the name of Kargil War and what is the total sum collected and how the same is being appropriated. It will be in the fitness of things that the Government issues directions to Collector of each District to secure the funds lying with such persons, organizations, trusts, corporate bodies, so that they can take some decision of appropriation of such funds by legislation so that the citizens of this country on making donations for such cause, can be assured that the funds donated by them have reached the beneficiaries and has been utilised in national and larger-public interest.
5. In our opinion, collection of funds for such causes by person, Institutions, Trusts, Corporate houses and N.G.O's should not be allowed without having control over it by the State, which is necessary in public interest. Otherwise, its misappropriation would go unchecked leaving the donor helpless as after one donates, it is left to the sweet choice of the collector of such funds how to appropriate it.
6. The learned counsel for the Union of India as well as the State Government assures that the instructions in the matter would be taken as expressed by this court and they will enlighten and assist the court. Considering the seriousness of the matter and in order to give sufficient time to the learned counsel, we adjourn the case to 17th September 2001.
7. The copy of this order duly authenticated by the Court Sheristedar be furnished to the learned counsel for the parties on payment of usual charges. The copies to the learned counsel representing the State and Union of India be furnished free of cost.
8. The learned counsel representing the State as well as the Union of India to communicate this order to the concerned authorities by fax and also by other effective mode. If we are not satisfied with the response of the Central Government or the State Government, we make it clear that we will be constrained to issue notice to the Attorney General of India so also Advocate General of State of Maharashtra to assist us in the matter.
S.O. to 17th September 2001.
