SC refuses to stay HC order on land transactions involving Syro Malabar diocese

New Delhi: The Supreme Court has refused to stay the High Court order directing to probe whether the government land was transferred in the Syro Malabar diocese land deal. The court also rejected the petition seeking a stay on the proceedings in the cases pending before Kakkanad First Class Judicial Magistrate Court in connection with the land transaction. Meanwhile, the Supreme Court has issued notice to the opposing parties, including state government, on a petition filed by Cardinal Mar George Alencherry against the High Court order.

Senior Advocate Sidharth Luthra, appearing for Cardinal Mar George Alencherry, told the Supreme Court that the alleged party in the case did not mention in the HC that the transferred land belonged to the government.

The lawyer expressed concern that if there is no stay in the investigation, then the 70-year-old cardinal may be taken into custody. However, a bench headed by Justice Dinesh Maheshwari pointed out that the High Court order was issued in August 2021, and the appeal was filed only in February.

Apart from this, a civil case is pending before the Maradu First Class Judicial Magistrate Court in connection with the transaction. The defendants pointed out that the complainant had filed six new cases in the Kakkanad First Class Judicial Magistrate's Court without mentioning that a case was already filed on the incident. But the court made it clear that the proceedings in the case could not be stayed at this stage.

The apex court said it would consider the petition filed by Cardinal Mar George Alencherry along with the petitions filed by the Diocese of Bathery of the Syro-Malankara Church and the Diocese of Thamarassery of the Syro-Malabar Church against the High Court's ruling that bishops hold no right to sell the land and property of churches. The Supreme Court directed the opposing parties to respond within two weeks to the notice given in the cardinal's petition.