SC To Hear Plea Against Kerala High Court's Order Modifying Sree Narayana Trust’s Scheme To Abstain Charge Sheeted Office Bearers From Work
|The Supreme Court is to hear an appeal challenging a judgment of the Kerala High Court which had modified the scheme of the year 1972 in respect of the Sree Narayana Trust (S.N. Trust) in order to abstain the charge-sheeted office bearers from work till their discharged or acquitted.
The High Court through its judgment dated January 13, 2023, acceded to the request of modification to the extent that- “If an office bearer of a Trust is involved in a criminal offence of breach of trust or in an offence relating to the property of a Trust and, his continuation in the office is having conflict with the interest of the Trust, or is detrimental to the interest of the Trust, the office bearer shall abstain to hold the office till he is discharged or acquitted in such case”.
Sree Narayan Trust is a public trust, and Clause 34 of its scheme permits any member of the Board of Trustees to move the High Court for appropriate modification of the scheme.
A bench of Justice Aniruddha Bose and Justice Sanjay Kumar has listed the matter after three weeks while directing to file rejoinder if any.
AOR Himinder Lal appeared for the petitioner and AOR G. Prakash appeared for the respondent.
The respondent in the present appeal is one of the Board of Directors of S.N.Trust that had prayed for the modification to the scheme.
This was apparently moved in the wake of implication of the Secretary of the Trust, Vellappally Nadesan for various offences under the Indian Penal Code. It is alleged that he has misused the funds of the Trust.
A bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen had observed that modification is permissible for the purpose of administration of the Trust.
“…we are wondering if a person is charge sheeted for committing offence in respect of trust property, can he continue to officiate in Trust till he is cleared of the charges? In a fair trial before the criminal court, it matters; as the witnesses and documents will be in the control and the custody of the office bearers of the Trust. Is it not detrimental to the interest of the Trust, if such office bearer is permitted to continue in the office?”, the bench had recorded in the judgment.
The Court had further observed, “Merely by incorporating a clause in a scheme, no Trustee can be prevented from functioning as an office bearer or a Member of Board of Trustees”.
The High Court had noted that the new clause is necessary to secure the objective and integrity of the Trust.
Cause Title: Sree Narayana Trust & Ors. v. Cherunniyoor V. Jayaprakash & Ors.