Cardinal has no special privilege, should appear in court: Kerala HC
KOCHI: The Kerala High Court on Wednesday denied relief to Cardinal Mar George Alencherry, the major archbishop of Syro-Malabar Church, from appearing before the court in cases registered over sale of Church’s land, saying he was not entitled to any special privileges.
Alencherry had sought exemption from appearing before the Judicial First Class Magistrate Court, Kakkanad, in seven cases registered in connection with the sale. In his plea, Alencherry said he was a religious head who was required to conduct several functions in various capacities under the Church.
Dismissing his plea, the HC said, “The accused is bound to appear before the court unless it exempts him.” Justice Ziyad Rahman A A said granting the exemption would send a wrong message to society.
“The position he holds would not make him entitled to special privilege when he is brought before a court as accused. The statutory mandate is above the superiority the accused possesses or claims to have,” the HC said.
‘Cardinal has no physical difficulty, can come to court’
“The petitioner is just an accused before the court, one who is not entitled to claim any special privilege and is required to face the proceedings just like any other citizen,” said the HC. The court added that the provisions of Code of Criminal Procedure Code (CrPC) did not distinguish between ordinary citizens and persons holding superior positions in their religious, political, social, or other institutions.
“Equality before law, enshrined in Article 14 of the Constitution, is not confined to cases where one seeks to enforce his rights. It is equally applicable when a person is proceeded against for violating the law or for committing an offence.
“No preferential treatment can be claimed by anyone for any reason unless the statute contemplates such privilege,” said the court.
It also said Alencherry was admittedly attending meetings across the globe as part of administrative functions, indicating he was not under any physical difficulty that prevented him from appearing before the court at least on one occasion to take bail and execute the bond.
However, the High Court observed that the magistrate court can consider his pending plea seeking exemption from personal appearance throughout the trial, after his first appearance before it.