The division bench of Justices D Y Chandrachud and S C Gupte was hearing a PIL filed by social activist Sharad Patil in 2010, alleging that Kolhapur-based trust 'Warana Bhartiya Sena Madat Nidhi' and its member Vinay Kore, former state minister, sought donations for Kargil war martyrs' widows but the funds were not used for the stated purpose.
Earlier, upon the court's order, the trust had deposited over Rs 91 lakh with the High Court Registrar.
Observing that in the absence of a regulatory mechanism, such funds could be used for extraneous purposes, Justice Chandrachud said, "The state government cannot allow such a state of affairs by turning a blind eye.
"We are of the view that the Union and state government must come forward and formulate a policy to regulate collection of funds by private entities. Whether they should be allowed to collect funds? It needs to be ensured that sufficient regulatory mechanism is put in place to see to it that funds are released to those for whom they are collected," the court said.
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