Ram temple donation row: Counsel for accused claims police invoked wrong BNS sections

Ayodhya: The legal aid counsel representing the accused in the Ram temple donation embezzlement case has alleged that the Ayodhya police investigated the matter under incorrect provisions of the BNS, and said he would soon approach the court seeking directions for applying the "correct sections" and filing the chargesheet accordingly.

Kulshekhar Singh, who was appointed by the Uttar Pradesh government as legal aid defence counsel after the Faizabad Bar Association decided not to represent the accused, said he would challenge the applicability of several sections invoked by the police.

"I will soon approach the court with a plea that the police should investigate the case under the correct sections and file the chargesheet correctly," Singh told PTI.


Read more: Ram temple donation 'theft': Judicial custody of 8 accused extended till Aug 10

He claimed that police had simultaneously invoked provisions relating to both theft and criminal breach of trust or embezzlement, which, according to him, could not operate together in the same manner.

"They (police) have imposed sections of both theft and embezzlement. These two sections cannot run in the same manner. They have also imposed a section carrying life imprisonment," he said.

Singh contended that the accused were first-time offenders and that the provision carrying life imprisonment had been wrongly applied.

He also objected to police treating the accused as 'public servants' alleging embezzlement of public property.

Read more: Ram temple donation 'theft': Judicial custody of 8 accused extended till August 10

"Police have shown the accused as public servants, but the Ram temple trust is not a public authority. Had the correct sections been imposed, my clients could have obtained bail from the local court," he said.

Asked when he would file the bail applications, Singh said he would begin work on the pleas next week but declined to specify the date of filing them.

The Faizabad Bar Association had earlier said that its members would not appear for the accused in the Ram temple donation theft case. It also said that any member of the Bar who represents the accused could face a fine of Rs 5 lakh and termination of membership.

Singh said he was not a member of the Faizabad Bar Association and was therefore free to represent the accused.

The state government appointed him as legal aid defence counsel in the second week of July. A former joint director in the department of prosecution, Singh said he began appearing for the accused from last week.

The issue of donations theft surfaced early June, following which the Uttar Pradesh government constituted a special investigation team (SIT) on June 13.

After the SIT submitted its preliminary report on June 23, an FIR was registered on June 25 and eight persons associated with the temple's donation-counting process were arrested.

The accused are Avinash Shukla, Anukalp Mishra, Lavkush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra, Subhash Srivastava and Ramashankar Yadav alias Tinnu Yadav.

According to police, Rs 14.25 lakh was recovered from Lavkush Mishra during the investigation.

The matter is currently before the Supreme Court, which has directed continuation of the probe and a new SIT has been constituted accordingly.

Separately, the Ayodhya Development Authority (ADA) has granted Supriya Mishra, the wife of Lavkush Mishra, an additional week to submit documents relating to a house under construction in Ayodhya's Saadatganj area.

According to ADA officials, a notice was issued on July 2 regarding alleged unauthorised construction, and the authority is examining whether the mandatory approval for the house had been obtained.