Supreme Court dismisses cardinal’s plea to quash land scam case

By Matters India Reporter

New Delhi, March 17, 2023: The Supreme Court of India on March 17 dismissed Cardinal George Alencherry’s appeal seeking to quash seven criminal cases against him in connection the controversial sale of church land in the southern Indian state of Kerala.

A division bench of the apex court dismissed the cardinal’s Special Leave Petition against the judgment delivered by the Kerala High Court in August 2021 which refused to quash the criminal proceedings against the prelate over alleged irregularities in the sale of properties belonging to Ernakulam-Angamaly Archdiocese.

The court also refused to quash criminal cases against the cardinal, who is the head of the Kerala-based Syro-Malabar Church.

“We will explore legal remedies after thoroughly studying the court order,” a Church official told Matters India.

He also said the dismissal of the cardinal’s plea is “not the final order” and asserted that the prelate’s legal team would decide the future course of action.

Meanwhile, the cardinal’s opponents say the apex court decision has come as a major setback to the prelate who is now left with no option but face trial in the criminal cases.

The case started in 2017 when a group of priests in the archdiocese of Ernakulam-Angamaly publically accused Cardinal Alencherry, the then their archbishop, of selling several plots belonging to the archdiocese without the consent of the archdiocesan committees and incurring a loss to the tune of 1 billion rupees.

Although the cardinal denied the allegations a section of priests and Catholics opposed to him demanded his resignation from the office of archbishop. Subsequently, the Vatican removed him from the administrative control over the archdiocese and appointed an apostolic administrator.

Meanwhile, several cases were registered against him for his role in the land deals.

Recently, he took bail in one case from a local court in Ernakulam district after his appeals to the higher courts for relief from appearing before the court was dismissed.

Apart from the cardinal, the dioceses of Bathery and Thamarassery had also filed SLPs challenging the general observations made by the High Court that bishops have no power to alienate church assets.

“We express our displeasure towards the subsequent orders passed by the High Court and quashed them. At the same time, dismissed the appeal and SLPs. Subsequent orders, which have been passed after the impugned order, are quashed. The impugned judgment is upheld with certain observations and directions to the state,” the apex court said.

While reserving the judgment in January, the bench comprising Justices Dinesh Maheshwari and Bela Trivedi questioned the approach taken by the single bench of the High Court in continuing to issue further directions in the matter, after the dismissal of the cardinal’s petition.

The High Court in 2022 issued follow-up directions to the state to identify public properties encroached by religious trusts. The High Court had also recommended that the federal government bring a uniform law to regulate religious trusts.