Kochi: The High Court has directed the police to book Cardinal George Alencherry and three others, including a realtor, for the alleged land scam of the Ernakulam-Angamaly archdiocese, based on the evidence before the police.
The court on Tuesday observed that there was prima facie case, indicating criminal conspiracy, breach of trust and criminal misappropriation in land deals. The court was hearing a petition filed by Sherin Varghese.
The petitioner contended that the police was reluctant to book a case against the Cardinal and others- Joshy Puthuva, Fr. Sebastian Vadakkumpadan and a realtor Saju Varghese- all of whom conspired to cheat the diocese and misappropriate funds.
The court observed that the police cannot ignore the evidence tendered by the petitioner against the Major Archbishop of the Syro Malabar Church and others, constituting a cognizable offence. Not taking note of a cognizable offence amounted to the negation of the Supreme Court ruling.
The court observed that the Cardinal is a representative of the diocese in juridical matters and has the responsibility to protect its interests. The assets are not the property of the Cardinal but raised from the archdiocese, the court observed.
According to the petitioner, the accused sold the diocesan property and concealed the actual price on the sale deeds, depriving it of the actual income. The diocese ended up getting '9 crore instead of the actual '27 crore from the property sale.
The court dismissed the Cardinal’s contention on the denial of natural justice, observing that he had argued against maintainability of the petition.
Specific details of the deals exposed reckless transactions. The investigating officer should conduct a fair and impartial inquiry, the court observed.
Church admits fault, carelessness
The Ernakulam-Angamaly archdiocese on Tuesday admitted that agents and other buyers had failed to deposit the entire proceeds from the church property deal in the archdiocesan account and the resultant loss to archdiocese was on account of the lapses and carelessness in it.
The statement issued by the office of the Majaor Archbishop, Cardinal Mar George Alencherry, said steps were on to recoup the entire loss to the archdiocese.
The allegation that the land deal was initiated without consulting the canonical committees is baseless. “It is only partially correct that the deal had led to losses for the archdiocese,” the statement said.
A report submitted by an enquiry committee constituted by the church to assess the facts and make proper recommendations is still before the Archbishop.
In between, some persons complained to the police, magistrate and the High Court. But the police had closed proceedings after concluding that it was a civil dispute and not of criminal nature. The Ernkulam CJM also dismissed plaint on similar grounds.
The High Court has directed the police to register and an FIR and probe the allegations. The office of the Cardinal was yet to get the full text of the judgment, it said.
The statement said a section of the clergy and laity was involved in the court cases. “But it is to be stated that there was no breach of canon laws and the deals were entered into after consultations at the canonical committee.”
The statement said the archbishop has the authority as a juridical person to dispose of the diocesan land. The property in question was sold by the major archbishop in his powers, on behalf of the archdiocese.
The properties were sold to repay the bank loans availed by the diocese. It was the procurator authorised by the canonical committee who disposed of the property.
The Major Archbishop signed on the property deed on behalf of the archdiocese, the statement said.
