Ayodhya: The diversion of donations from the Ram temple in Ayodhya took place during the cash-counting process and involved a network of people who allegedly removed, concealed and distributed the pilfered funds, according to the nearly-70,000-page chargesheet filed by the Supreme Court-mandated Special Investigation Team (SIT) probing the offerings-embezzlement case.
The document cites 105 instances of removal of cash from the counting area captured on CCTV cameras, besides thousands of recovered text messages and cash and valuables seized during the probe.
The chargesheet names eight accused -- Anukalp Mishra, Avinash Shukla alias Shani, Lavkush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra, Ram Shankar Yadav alias Tinnu and Subhash Srivastava -- all of whom are in judicial custody.
The chargesheet has named former Shri Ram Janmabhoomi Teerth Kshetra Trust general secretary Champat Rai, trustee Anil Mishra and construction in-charge Gopal Rao as prosecution witnesses in the case.
The case was registered on June 25 on a complaint from trust member Krishna Mohan following a preliminary SIT inquiry into alleged irregularities in the handling of donations.
According to the chargesheet, investigators identified 105 instances of unauthorised removal or concealment of cash from the counting facility by scanning CCTV footage, corroborating it with digital evidence, witness statements, banking records and a forensic audit.
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The SIT has said it has found no evidence of pilferage during the subsequent transfer of the counted money to banks.
The investigation also tracked the alleged money trail through bank accounts, properties, vehicles and other assets linked to the accused and their relatives. Police have recovered Rs 79.85 lakh allegedly linked to the suspected embezzlement from seven of the eight accused, with no such recovery reported from Srivastava.
Police have described Anukalp Mishra as the main conspirator. The chargesheet says he was in touch with his relative, Lavkush Mishra, and accused Avinash Shukla through text messages.
The investigators claim to have recovered more than 3,000 deleted messages from the mobile phones of the accused. According to the chargesheet, the conversations allegedly discussed removing, concealing, transporting and distributing the stolen cash.
Police have treated the conversations as part of the digital evidence relating to the alleged conspiracy.
The chargesheet alleges that the money removed during counting was subsequently concealed and distributed.
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CCTV footage has also been cited to attribute specific alleged acts to some accused. According to the investigation report, Avinash Shukla was allegedly involved in removing donation money on 85 occasions, while Anukalp Mishra allegedly assisted on 56 occasions, Karunesh Pandey on 68 occasions and Lavkush Mishra on 52 occasions.
The chargesheet has not named Rai, Anil Mishra and Rao as accused. The three have instead been cited as prosecution witnesses in the case. The chargesheet lists a total of 133 witnesses.
Rai's name figures in the investigation in connection with the functioning of the trust and the donation-counting system, while the roles and responsibilities of other trust functionaries were also examined during the probe.
Rai and Anil Mishra have since resigned from their respective positions in the trust.
The chargesheet details the alleged influence exercised by Ram Shankar Yadav alias Tinnu, who worked as Rai's driver.
According to the investigation, Tinnu did not hold a formal position at the temple but allegedly exercised influence over several internal arrangements. The chargesheet alleges that he had access to the donation-counting room and possessed keys to donation boxes.
It also refers to his alleged role in opening the entry gate for goods vehicles, giving instructions to personnel and facilitating VIP "darshan" arrangements. Police have cited CCTV footage, witness statements and digital communications in support of these allegations.
The alleged possession of keys to donation boxes by Tinnu is particularly significant, as the investigators examined how cash was moved from donation boxes to the counting areas.
The chargesheet records several cash recoveries, including Rs 16.82 lakh from Anukalp Mishra, around Rs 14.25 lakh from Lavkush Mishra, Rs 20.39 lakh and USD 1,121 from Avinash Shukla, Rs 7.32 lakh from Ramashankar Mishra, Rs 18.07 lakh from Karunesh Pandey and Rs 2 lakh from Manish Yadav.
Gold and silver articles were also allegedly recovered from some of the accused. The investigators examined bank deposits, withdrawals, property transactions, vehicles and other assets to establish the alleged money trail.
The investigation also covered donated valuables. The SIT physically verified 803 valuable articles recorded in the trust's software and found no discrepancies. Another 86 valuable articles for which receipts were not issued were also physically verified.
The probe further examined silver donations, including silver bricks and other valuable articles, as well as silver sent for melting.
The chargesheet has also raised questions over the role of two bank employees who had figured in the initial investigation but have not been named as accused.
The preliminary SIT inquiry had flagged shortcomings in the system for counting donations and the responsibilities assigned to bank officials.
The bank employees deployed for counting were required to work on a rotational schedule, while bank officials were also responsible for ensuring that the personnel engaged in the counting wore prescribed uniforms.
The role of the two bank employees was subsequently examined during the investigation, but they have not been made accused in the chargesheet.
The investigation has also prompted questions about the extent to which the responsibilities of senior trust functionaries and the internal supervision of the donation-counting system were examined.
The chargesheet also reflects changes in the offences initially considered against the accused. Police have dropped provisions relating to house trespass and theft by a servant from the charges.
The chargesheet against seven accused has been filed under sections 316(5) (criminal breach of trust by a public servant, banker, merchant or agent), 317(2) (dishonestly receiving or retaining stolen property), 317(5) (assisting in concealing or disposing of stolen property) and 61(2) (criminal conspiracy) of the Bharatiya Nyaya Sanhita (BNS), besides sections 13(1)(a) and 13(2) (criminal misconduct by a public servant involving dishonest or fraudulent misappropriation) of the Prevention of Corruption Act.
Against Srivastava, the chargesheet has invoked sections 316(5), 317(5) and 61(2) of the BNS, along with provisions of the Prevention of Corruption Act, dropping charges under section 317(2) pertaining to receiving and retaining stolen property.
The changes assume significance as the defence had sought time to study the voluminous chargesheet before arguing the bail applications of Srivastava and Tinnu Yadav.
The court has ordered that copies of the chargesheet and necessary documents be supplied to all eight accused. They are scheduled to appear before the court on October 7.
After charges are framed, the prosecution will present its witnesses, besides documentary and other evidence, while the defence will have the opportunity to cross-examine witnesses and subsequently, present its own evidence.
The case is now proceeding as State versus Anukalp Mishra and others.
