By Matters India Reporter

Bengaluru, June 16, 2020: A former Bombay High Court judge has given 72 hours to the heads of Bangalore archdiocese and Mysore diocese to revoke their order of priests’ transfer made during the lockdown time.

In a June 15 legal notice to Archbishop Peter Machado of Bangalore and Bishop K A William of Mysore, Justice Michael F. Saldanha threatens to alert government agencies about the transfers and file criminal cases against the two prelates.

Melwyn Fernandes, secretary of the Mumbai-based Association of Concerned Catholics that supports Justice Saldanha, told Matters India on June 16 that the former judge and their group would approach the Karnataka High Court against the transfers after the ultimatum ends on June 18 evening.

According to him, the transfer orders are “breach of law” as they violate the lockdown guidelines issued by the federal Home Ministry.

Justice Saldanha referred to his May 29 letter to the two prelates apprising them of the federal and state governments’ decision to defer all transfers in current year as the country struggles to tackle the coronavirus pandemic. He also explains that “no authority can coerce its employees to translocate from one area to the other.”

The diocese of Mysore issued the priests’ transfer order on May 29 and all those on the list were those who had complained to Rome against Bishop William.

Earlier on May 29, Justice Saldanha accused Bishop William of murder, sexual misconduct and corruption by “letting loose a virtual reign of terror” in his diocese. He had also sent a legal notice to Catholic Bishops’ Conference of India President Cardinal Oswald Gracias.

Justice Saldanha also accused Archbishop Machado of colluding and covering up murders allegedly committed by Bishop William.

Fernandes said his group appreciates and supports Justice Saldanha’s attempts to root out corruption in the Catholic Church. “We are behind this serious matter of the Church in the southern state for a year,” he added.

Justice Saldanha’s latest letter says: “Formal legal notice is served on the two of you in relation to the transfer orders that have been passed which cover 39 persons in (Mysore diocese) and 70 persons in (Bangalore archdiocese).” He also says that the two prelates “are aware of the fact that this country like the rest of the world is waging a desperate life and death struggle to save every human being from the present pandemic.”

Justice Saldanha accuses the two prelates of threatening their priests “with coercive action” and refusing to suspend “these wrongly issued orders.”

The home ministry stipulates punishment for violating lockdown guidelines under the Indian Penal Code. The lockdown period has seen many First Information Reports registered against thousands of people. In Uttar Pradesh alone, cases were filed against 33,094 people as on April 29, Justice Saldanha points out.

“The regular procedure in such cases would be to arrest the accused without warrant, register an FIR under Section 154 of CrPC and investigation by the police. Eventually they shall need to submit Final Report on completion of investigation under Section 173. On the basis of such report, the court starts trial after taking cognizance,” Justice Saldanha explains.

He also says the main thrust of the lockdown guidelines was to restrict all unnecessary movements. “Unfortunately, despite notice the two of you have been boldly stating that you are above the Indian law and subscribe only to Canon Law and that consequences both of you do not care for the law of the land,” Justice Saldanha alleged.

The former judge also points to the prelates that the law of the land prevails if a conflict arises between the two laws.

Justice Saldanha warns that the two prelates’ “open defiance” could lead to their arrest on sedition charges as such activity is definitely anti-national.” The two could be sent to jail to prevent subversion of the law.

“Such conduct is shameful and the only definition which befits such people who behave against national interest is that they be labeled as ‘DESH DROHIS (anti-national),’” he adds.

According to the judge, the priests’ transfers are total relocations that involve “heavy expenditure which nobody can afford.”