New Delhi: The Supreme Court dismissed a petition filed by the Syro-Malabar Church Cardinal Mar George Alencherry on Tuesday, which requested exemption from appearing in person before the Magistrate Court, Kakkanad, in a case related to the alleged illegal sale of land belonging to the Church. Earlier, Kerala High Court directed him to appear in person before the Magistrate Court.
The case pertains to April 2019, when a criminal case against Cardinal Alenchery was registered by the Judicial First Class Magistrate Court in Kakkanad, following a complaint filed by Joshy Varghese, a Perumbavoor native, claiming that properties in Kakkanad sold by the Cardinal caused financial losses to the Church. The case is that the diocese had incurred a loss of lakhs of rupees by selling 60 cents of land owned by Alenchery, the archdiocese of Ernakulam-Angamaly and the land dealing was done without consulting various committees of the church.
Adv Sidharth Luthra, who appeared for the petitioner, requested the Supreme Court to consider the Cardinal’s request. However, Adv Raghenth Basant, who appeared for the complainant, claimed that the High Court has noted that giving relief to a person like a Cardinal will only send a wrong message. He added that the High Court has mentioned that religious leaders cannot be granted any special excuse under the law. Following this, the bench of Justice Hrishikesh Roy and Dipankar Datta dismissed Cardinal’s petition.
The High Court dismissed a total of seven petitions filed by the cardinal to quash the cases. On August 12, while rejecting a petition, filed by Alencherry, the court said that it is upholding the verdict of the District Sessions Court. Earlier, the Thrikkakara magistrate court registered a case against Alencherry and others and summoned them to appear for the trial. However, this was challenged by Alencherry but the appeal was rejected. Both courts observed that there is prima facie evidence that Alencherry is involved in the illegal land deal.
In July this year, the State Government submitted to the Supreme Court that no illegal activities occurred as part of the transaction of the land deal. Meanwhile, the Supreme Court will hear a petition from Cardinal Mar George Alencherry requesting to dismiss the case against him and others filed by various Archdioceses in the state on January 10, 2023.
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