NEW DELHI: The Delhi High Court on Thursday granted interim protection from arrest to the trustees of non-profit organisation Hemkunt Foundation in connection with a Delhi Police case alleging misuse of public donations for Covid relief.
Justice Jasmeet Singh noted that no person had come forward to make the allegations of misuse of funds in the present case and issued notice to the city police and sought its stand on the NGO's plea to quash the FIR registered against it.
"I am of the view that for the FIR, there is no person who has come forward to state that the petitioner committed the offences under section 405 (criminal breach of trust), 415 (cheating) IPC. There is no person who has stated that they entrusted funds to the petitioner and the petitioner misused those funds," the court observed.
"I am of the opinion that none of the trustees of the petitioner shall not be arrested till the next date of hearing," the court said.
The court noted that the FIR was registered in January by special cell of the Delhi Police and it was found during the inquiry that donations from the public for COVID-19 were allegedly diverted to the personal account of another entity.
The counsel for the petitioner said that there is no "victim" or "injured person" who made the complaint for registration of FIR and none of the offences alleged against it is made out.
Counsel for Delhi Police opposed the plea and said that the FIR was registered on a complaint by a public servant i.e., an official of the Enforcement Directorate and therefore the allegation that there was no complainant in the FIR cannot be sustained.
The petitioner also informed the court that a certain amount was transferred to another entity for purchasing a land for the purposes of constructing a hospital but the site has been attached by the Enforcement Directorate.
The petitioner sought an order from the court that no coercive action should be taken against it in relation to the FIR.
The court however opined that in view of the directions passed by the Supreme Court, such a blanket direction cannot be passed and an interim order protecting the trustees from arrest would suffice at this stage.
The matter would be heard next on January 17.