SC refuses to quash criminal case against Cardinal George Alencherry in land scam

The Supreme Court has refused to quash criminal cases against Cardinal George Alencherry, the Major Archbishop of Syro-Malabar Church in connection with a land case.

The case relates to the alleged irregularities in the sale of properties belonging to Ernakulam-Angamalay Archdiocese.

The Cardinal had filed a Special Leave Petition (SLP) in the Supreme Court after the Kerala High Court had in August 2021 refused to quash the criminal proceedings against him over the land scam.

The Supreme Court at the same time expressed its displeasure towards the subsequent orders passed by a Single-Judge Bench of the High Court in Alencherry's petition.

Apart from Alencherry, the Eparchy of Bathery and Catholic Diocese of Thamarassery too had filed SLPs in the Supreme Court 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", Justice Bela Trivedi said.

When the Bench comprising Justices Dinesh Maheshwari and Bela Trivedi had reserved the judgment in January, it had questioned the approach of the Single Judge Bench of the High Court in continuing to issue further directions in the case after the dismissal of the Section 482 CrPC petition filed by the Cardinal. The High Court had issued follow-up directions to the state at that time.

The HC had directed the state to identify properties encroached by the religious trusts. The High Courted also recommended that the Central Government should bring a uniform law to regulate religious trusts.

What is the dispute:

The dispute pertains to the execution of various sale deeds in respect to the properties held by the Syro Malabar Church, a religious congregation. It was alleged that the sale deeds were executed without compliance with the requirements as per the by-laws of the Church causing heavy losses o the Church and its Parishioners.

It was further alleged that valuable properties were disposed off at throwaway prices and this is a result of the criminal conspiracy hatched by Alencherry in collusion with his henchmen and the persons who had purchased the properties. The Cardinal is facing charges for cheating, criminal breach of trust, criminal conspiracy and forgery.