Justice Jasmeet Singh of the Delhi High Court on Thursday prohibited the Delhi Police from detaining the trustees of the non-profit Hemkunt Foundation in connection with a claim that the organisation misappropriated money it received for COVID-19 pandemic relief operations.
The Delhi Police Special Cell’s First Information Report (FIR), which was filed for fraud, criminal breach of trust, and criminal conspiracy, was challenged in court by the Foundation.
Hemkunt Foundation’s attorney stated that there was no complaint alleging financial mismanagement and that there had been no criminal breach of trust. He said that there must be a wrongful loss and wrongful gain in order for the crime of cheating to be proven, but that is not the case in this instance.
According to the Delhi Police, a Directorate of Enforcement officer’s allegation served as the foundation for the filing of the FIR (ED). It alleged that after investigation, it discovered that the petitioner had stolen sizable funds intended for COVID-19 relief and redirected them to another business.
Furthermore, it was claimed that a Foundation donor had spoken under Section 161 of the Code of Criminal Procedure. However, Justice Singh ruled that it appears that no one has come forward to file a FIR and that no one has claimed that money that was given to them was misused.
Thus, the Court approved the Trustees’ request for protection from arrest and set the issue for further review on January 17.