Mahanth of Kalkaji temple has approached Delhi High Court seeking stay on its order that directed initiation of criminal proceeding against him for illegally selling temple property.
Appearing before a vacation Bench comprising Justices HR Malhotra and PK Bhasin, Mahanth's counsel yesterday pleaded for the stay of the order passed by a single judge Bench on December 12.
"The court directed the Economic Offence Wing of Delhi Police to register an FIR and conduct an inquiry against him without giving any finding in the case. The finding of the Court is necessary before directing an inquiry," the counsel said, challenging the December 12 order.
The Bench, however, found no urgency in the matter and posted the matter for tomorrow before a regular Bench. "Matter needs consideration but not by a vacation Bench," the Court said adding, "There is no urgency in the matter and it can be heard by a regular Bench after vacation."
The Court on December 12 had directed the Delhi Police to register an FIR against the Mahanth and slapped a fine of Rs 1.5 lakh on him for playing a fraud on the court.
"The Economic offence wing of the Delhi Police would register FIR against the Mahanth and four of his relatives (to whom he sold the land) and carry out investigations and if offences are made out, then proper action to be taken against them," Justice Kaul had directed, while dismissing the suit filed by the Mahanth for getting possession of the land.
The land in question, which was earlier with the temple, was transfered to the DDA by the Centre in the year 1983 but the Mahanth sold it illegaly to his relatives in 1999.
The Mahanth said before the Court that he was not aware of the transaction and his legal representative without his consent executed it.
The Court, after examining all the documents, found the statements of the Mahanth wrong and deprecated him for misleading it for pecuniary motive.