Khadki: In a recent judgement, the magistrate’s court of Khadki Cantonment has acquitted all six trustees and a priest of the Saint Andrews Church in the same area, from charges leveled against them that they have been running this more than century-old church “against the Blue Book” (the constitution of all Presbyterian Churches, which were originally established in the country under the United Church of Northern India or UCNI).

The order came out in a tussle going on since 2010 between two factions of the community; the matter had even been escalated to the Bombay High Court in the interim, with several cases and counter-cases filed against the opposing parties.

The case in question was filed before Magistrate Sopan P Rachkar in May 2014, making the allegation that the current ruling faction forcefully evicted the other faction, and appointed a ‘palat’ (priest) in the church who does not belong to the Presbyterian sect. Thereby, the charge said, the accused faction violated church norms and hurt the sentiments of several followers.

However, in the course of the trial, the complainant faction failed to prove the charges levelled against the trustees and others. The accused faction (church trustees) managed to establish that the church is no longer run under UCNI rules, but has been, since 1980, registered with the joint charity commissioner as per the Bombay Public Trust Act.

The private criminal complaint against the accused had been filed by Avinash Dinkar Samudre (58), a resident of Pimple Gurav, and Ranjan Urankar from Phugewadi, alleging a violation of the Places of Worship (Special Provisions) Act, 1991. The accused had been identified as Shamrao Chopade, Johnson Bhingardive, Subhash Gaikwad, Surendra Jadhav, Benjamin Gaikwad, Pramod Angre and priest Dayanand Popat Salve.

Samudre and Urankar had alleged that the faction currently ruling the church has no members from the UCNI-appointed committee. It alleged that the accused formed a different church and sect by going against the rules of the UCNI. Samudre had claimed that the accused had evicted the complainants from the church and appointed a palat from outside their sect. He further said they were not being allowed to pray inside the church, adding further accusations like the fact that these trustees had conducted no audits. During the hearing, Samudre submitted that the accused trustees are not functioning as per UCNI’s ‘Blue Book’ — by forming a separate body, they have displayed the intention to take control of the church.

However, the accused submitted that they already registered the church with the joint charity commissioner in Mumbai; it is only according to the latter’s instructions that they drafted a separate constitution of the Saint Andrews Church and appointed 19 trustees.

In court, it was also revealed that a petition had been filed in the HC by the same complainant in 2014 against this decision of the charity commissioner. However, this plea was rejected in 2016 and no appeal was filed with the apex court.

During cross-examination, Samudre accepted that they used to go to church every Sunday. He and Urankar also accepted that for many years, they had not complained to the charity commissioner’s office against the appointment of the said trustees. Moreover, the complainants could not reveal the exact dates on which they were not allowed to attend prayers in the church, and failed to establish on record that the said church comes under UCNI, and that there is a rule that says a palat can only be appointed through the UCNI.

During the hearing, a few witnesses, who are trustees at the moment, admitted that the trust is being run as per the Bombay Public Trust Act.

One of the acquitted accused and a church trustee Benjamin Gaikwad told Mirror, “The trust has been run as per the Bombay Public Trust Act since 1980. The allegation that the church has been run by UCNI till date is laughable. The affiliation with UCNI was cancelled in 1970, so there is no issue of running the church as per the Blue Book. The case was just filed just to take control of the church. The palat’s appointment was also a unanimous decision of the trustees; the issue of his sect is irrespective. His appointment was based on his qualifications and it is not a permanent post.”

The St Andrews church was built in 1861 to cater to the British army personnel, whose families belonged to the Church of Scotland. Saint Andrews is one of the oldest churches in the city and over 5,000 Presbyterian families attend it for daily and weekly prayers. These include residents of Khadki, Dapodi, Bopodi, Pimple Gurav, Yerwada, Hadapsar and Sangvi.

(Source: Pune Mirror)