'Clear Breach Of Trust ': Kerala High Court Refuses To Quash Criminal Cases Against Archbishop George Alenchery Over Sale Of Diocese Properties

The Kerala High Court on Thursday dismissed the petitions filed by Cardinal Mar George Alencherry, the Major Archbishop of Syro Malabar Church, seeking to quash the criminal cases over the alienation of properties belonging to Syro Malabar Church.Justice P.Somarajan while dismissing a batch of seven petitions, upheld the verdict of the Sessions Court and remarked:"...it requires a proper and detailed enquiry by the State Government and the investigating agencies thereunder and this court cannot shut its eyes to the abovesaid facts, which could even be the tip of an iceberg."The Court further noted that the petitioner had executed numerous sale deeds unilaterally and arbitrarily transgressing Section 92 and 92(3) C.P.C. which rendered his stand invalid and untenable at the option of any of the parishioners to whom no notice was given and no consent was obtained since the property sold is not a property of a place of worship or religious or spiritual observances.Similarly, it was observed that the petitioner had taken a firm stand that being the spiritual head, he is bound by Canon law alone and not the general law with respect to the right of alienation or transfer of immovable properties held by the church. However, there is no provision anywhere in the byelaw authorising or empowering any person to hold any property in the trust. "There is a clear breach of trust by the petitioner in the execution of sale deeds in favour of various persons," said the Single Bench. Hence, the Bench held that the petitioner, who sold the property without the compliance of the said provisions, cannot seek shelter under the umbrella of their constitution (byelaw) or the provisions contained in the Canon law. Factual Background:The dispute pertains to the execution of various sale deeds in respect of properties held by the Syro Malabar Church, a religious congregation allegedly without compliance with the requirements as per the bye-laws of the Church causing heavy financial losses to the church and its parishioners. It was also contended that all these sale deeds are the result of a criminal conspiracy hatched between the petitioner in collusion with his henchmen and the persons who had purchased the properties.He was further accused of availing a loan of Rs.58.2 crores from South Indian Bank without initiating any discussion or arriving at any decision as per the provisions of Canon law and the law in force. Therefore, the petitioner was charged with Section 120 B, 406, 409, 418, 420, 423, 465, 467, 468 and 34 of IPC for his offences.A complaint was thereby filed before the Judicial First Class Magistrate against the petitioner and another. The Magistrate took cognizance of the offence and passed an order. A revision was preferred against this order before the Sessions Court by the petitioner, but this was dismissed as well. It was against the aforesaid two orders and to quash the entire proceedings that the petitioner challenged preferred a petition under Section 482. Contentions Raised: Senior Counsel George Poonthottam on behalf of the petitioner argued that it is an indubitable and undeniable fact that the Syro Malabar Church is an Episcopal Institution and not a Congregational Institution and as such the Bishop of Archdiocese has the right to alienate and dispose of its properties subject to the restrictions imposed under their bylaws.It was contended that the Archbishop should be considered as the "corporation sole" and the real owner and not a mere trustee in regard to the property of the diocese, relying on the decision in Muthusamier & Ors v. Sree Sree Methanithi Swamiyar Avergal & Ors.It was further submitted that the properties held by the Syro Malabar Church through their Archdiocese Bishop, the petitioner herein, was for the benefit of all parishioners.He then submitted that the question regarding the nature of the property, whether it is a Government land or not is not within the scope of this court under Section 482 Cr.P.C. and at the most, it would come under the purview of Article 226 of the Constitution. Court's Observations:Upon perusal of the provisions of the Land Conservancy Act, the Court noticed that there was a lack of proper protective measures by way of legislation against encroachment over Government land. it was only by way of n amendment in 2009, stringent provisions were incorporated to deal with unauthorised occupants over the Government land.For this reason, the Court decided that the matter requires a proper and detailed enquiry by the State Government and the investigating agencies thereunder and this court cannot shut its eyes to the abovesaid facts, which could even be the tip of an iceberg. Criminal ConspiracyThe criminal conspiracy between the petitioner in connivance with the cohorts and those who purchased the property further becomes starkly evident from the fact that there was no transparency in the alleged sales, though pertains to the property of the church. It was found that the ...

'Clear Breach Of Trust ': Kerala High Court Refuses To Quash Criminal Cases Against Archbishop George Alenchery Over Sale Of Diocese Properties

Hannah M Varghese

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