Delhi HC directs police not to arrest trustees of Hemkunt Foundation, seeks response

New Delhi [India], October 13 (ANI): The Delhi High Court on Thursday issued notice to Delhi Police on the petition moved by a trustee of Hemkunt Foundation seeking a direction for quashing the FIR registered by the Special cell of Delhi police for alleged misuse of funds collected for the purpose of helping covid patients.
The High court has also directed the Delhi police not to arrest any of the trustees of the petitioner trust till the next date.
Hemkunt Foundation is a trust that worked for Covid-19 victims during the pandemic.
Justice Jasmeet Singh issued notice to Delhi police and directed them to file a status report on the petition within 4 weeks on the petition. The bench also directed not to arrest none of the trustees till the next date of hearing. The next date of hearing is January 17, 2023.
Justice Singh said, “Prima facie I am of the view that for the purpose of this FIR there is no person who has come forward to state that offences as per section 405 and 415 of IPC have been committed. There is no person who has stated that they had entrusted their funds and that those funds have been misutilised.”
Advocate R K Handoo’s counsel seeking an interim stay in FIR stated that there is no complaint or Complaint alleging any criminal breach of trust or charting of funds by the petitioner. This FIR has been registered on the secret information by the Delhi police.
“Can it be like this,” Justice Singh asked. Can there be a case of 406 and 420 of IPC on the basis of a secret Complaint?
Advocate Handoo replied in the negative. He said that for criminal breach of trust there should be an entrustment. In this case, there is no such entrustment. Handoo contended that the ED is not an aggrieved party.
He also submitted there are no ingredients of section 420 IPC as there is victim nor any injured. He also stated that for the offence there should be a wrongful loss or wrongful gain.
On the other hand, it is alleged by the police that a huge amount of funds were collected during the covid time and those funds were misused. Funds were transferred to the personal bank accounts.
The additional public prosecutor (APP) for the State submitted that the case was filed on the Complaint of a public servant working with the ED. Hence the allegations that there is no complainant are unfounded.
ED informed us after the petitioner transferred the funds to the private bank accounts of Dhruv Health Care. It was informed that the payments were made for the purchase of the Hospital but the land was vacant. One of the accused is in the custody.
Advocate Handoo contended that land for the dispensary and the trust is the purchaser. But the ED has attached the land.
APP stated that the investigation was conducted into the matter and it was found that the donation collected was not utilised as for the objective by the petitioner trust.
The court noted the submission of advocate Handoo that there is a sale deed of July 19, 2021, with Dhruv Health Care for the purchase of 1.25 Acres of Land for running a dispensary to be operated on a no profit no loss basis.
It was also submitted that before the dispensary could be operationalised, it was demolished for the purpose of the construction of a hospital. (ANI)