KOCHI:Strongly criticizing Cardinal Mar George Alencherry in the controversial land deal in Ernakulam – Angamaly archdiocese, the High Court on Monday observed that Arch Bishop is only a custodian of Church properties. The single bench of Justice B Kemal Pasha also asked whether the country’s civil law is not applicable for the Cardinal while considering a petition filed by Shine Varghese from Cherthala who approached the HC after the Ernakulam central police declined to register case based on his complaint against land deal.
The Cardinal’s counsel argued that as per the Canon law, only the Pope can initiate action against Alencherry. Though several complaints were sent to him, the Pope has not taken any action against the Cardinal, it has been submitted.
To this, the court said that Pope has no jurisdiction in India. However, the court expressed doubts whether the petition will stand if the Church properties are entrusted with the Archbishop.
According to the petitioner the Archbishop can sell the land only if permitted by the various Church committees. The Canon law has no legal validity in the country, it is pointed out in the petition. Earlier, during the previous hearing on the petition, Mar Alencherry had submitted that asset of the Syro Malabar Church is not public property and he has the right to sell land. His counsel also submitted that the Church has not been registered as a Trust.
