Kerala HC rejects Mar Alencherry’s plea to quash land deal cases

Justice P Somarajan also directed the state government to carry out a detailed investigation into the settlement deed in 2007 to find out whether it involved any government or puramboke land.
Kerala HC rejects Mar Alencherry’s plea to quash land deal cases

KOCHI: In a major setback for Cardinal Mar George Alencherry, Major Archbishop of Ernakulam-Angamaly Archdiocese of Syro Malabar Church, the High Court has dismissed his petition seeking to quash the cases registered against him for alleged criminal breach of trust, criminal conspiracy and fraudulent execution of the settlement deeds in the Church land scam.

The criminal cases were registered based on complaints alleging that various sale deeds in respect of properties held by the Church were executed not in compliance with the requirements or bylaws of the Church, causing heavy financial losses to the Church and its parishioners.

Justice P Somarajan also directed the state government to carry out a detailed investigation into the settlement deed in 2007 to find out whether it involved any government or puramboke land. The court also directed the government to file a report on October 25. 

“It requires a proper and detailed inquiry by the state government and investigating agencies. This court cannot shut its eyes to the facts, which could even be the tip of an iceberg,” observed the high court. 

The firm stand taken by Cardinal Mar Alencherry was that being the spiritual head, he is bound by canonical law alone and not the general law with respect to the right of alienation or transfer of immovable properties held by the Church.

The court said the religious supremacy vested with the bishop or apostolic succession is confined to religious matters  governed by canonical law. This law cannot be applied in derogation from the general law’s requirements when the property held is in an endowment or trust.  The court said the petitioner, who sold the property without complying with the Civil Procedure Code, cannot seek shelter under their constitution or the provisions in canonical law. 

The government should carry out a probe to satisfy itself whether the settlement deed of 2007 was executed with respect to any government land or puramboke land. The inaction on the part of the officials concerned should also be probed, the court ruled.

Clear breach of trust by cardinal, says HC

The court said the sale deeds were executed unilaterally and arbitrarily transgressing the Civil Procedure Code (CPC). No notice was issued to the parishioners and no consent obtained since the land sold was not a property of a place of worship or religious or spiritual observances. “There is a clear breach of trust by the petitioner in the execution of sale deeds in favour of various persons. The persons, who had purchased the property, cannot take sanctuary pleading ignorance of the law when they had opted to purchase the said property,” held the court.

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