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| Legal restraint imposed on J&K Dharmarth Trust Council from creating long-term third-party interests | | | Early Times Report
JAMMU, Mar 9: In a significant judicial development, the Principal District Judge of Jammu, Sanjay Parihar, has issued a consequential directive restraining the Jammu and Kashmir (J&K) Dharmarth Trust Council from creating third-party interests over trust properties exceeding a duration of three years. This ruling comes as part of a lawsuit initiated by Rajinder Kumar and others, aimed at acquiring additional information and proposing the appointment of a Management Committee or Receiver for the J&K Dharmarth Trust's proper administration.
After meticulously hearing arguments presented by both parties, the court asserted that appointing a receiver constitutes a stringent measure, reserved solely for extreme cases where substantiated evidence of mismanagement and misappropriation of trust funds is provided. While acknowledging the defendants' management of the trust as scions of the Royal Family, the court took note of grave allegations regarding the misuse of trust properties for commercial gain and neglect in providing relevant information.
Emphasizing the necessity for the trust's management to align with the Royal decree, which stipulates transactions with utmost care, honesty, and diligence, the court underscored the pivotal role of the trust in charitable endeavors. It mandated that the trust, established for charitable purposes, should avoid incurring losses and ensure that property leases do not exceed a duration of three years.
In light of these crucial considerations, the court directed the defendants to furnish an affidavit detailing the status of immovable properties held by the Dharmarth Trust, including those encumbered by third-party interests exceeding three years. Additionally, they were instructed to provide comprehensive accounts of the trust's financial activities from September 26, 2011, onwards. Pending the final resolution of the lawsuit, the defendants were temporarily barred from creating third-party interests on trust properties exceeding a duration of three years.
This judicial intervention underscores the imperative of upholding transparency and legal compliance in the management of trust properties, particularly those designated for charitable pursuits. |
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