“Church Properties Being Swindled Against Tenets Of Bible” Madras High Court Orders CBI Probe Into Sale Of Church Land To Private Persons

Justice KK Ramakrishnan noted that the Church of South India (CSI) had instead transferred the property to private persons for their own “selfish purpose” instead of working for the noble object for which the land was originally assigned. The court was thus satisfied that there were prima facie materials to warrant a CBI inquiry and thus directed the CBI to register the complaint and proceed accordingly.

“The Government property was illegally transferred by the 4th respondent and other persons without any title for the value of only one crore and twenty laksh forty three thousand four hundred and seventy two. The local police officers are not inclined to show any interest in the investigation about the illegal transfer. The said allegation is supported by material documents and this Court is prima facie satisfied to order investigation by the CBI. Therefore in view of the above factual circumstances, this case comes under the extraordinary exceptional circumstances to invoke the jurisdiction under section 226 of the constitution of India to issue direction to the CBI to register the case against the persons connected with the fraudulent transaction and conduct the investigation in a proper manner,” the court ordered.

The court added that the church had now become voiceless with the administrators muzzling the voice of those who question the illegal activities. The court thus observed that it was bound to protect the interest of the church under the parents patriae jurisdiction. The court observed that while the bishop and administrators of the church were duty bound to keep then property for dedicated purpose, the property was often swindled against the tenets of the bible.

“Earlier days, funds flowed from homes to the Church. Now, the conscientious are not occupying the chair of the Church administration. Hence, the Church properties are being swindled by the administrators against the tenets of the bible. The bishop and other administrators of the Church are duty bound to keep the property, for which the property was dedicated. Unfortunately, now a days all over the India, all the Church properties are not properly managed by the administrators of the Church,” the court noted.

The court was hearing a petition filed by Devasahayam, a member of the church. Devasahayam had initially made several police complaints against the illegal sale of the church land. Jowever, when no action was taken, he sent a representation to the CBI. When this was also not acted upon, he approached the High Court.

The petition was resisted by the CSI which questioned the maintainability of the petition. The CSI argued that the petitioner should have first approached the jurisdictional police Station and if no action was taken, he should have approached the Superintendent of Police of the District under Section 154(3) CrPC and thereafter file a petition under Section 156(3) of CrPC before the jurisdictional magistrate. Only after that, the CSI argued, the petitioner could have approached the High Court.

The Special Public Prosecutor sought a dismissal of the petition arguing that only the local police could enquire into the issue and there were no materials warranting a CBI probe. The Additional Advocate General also argued that as per previous court orders, the Principal Secretary to Government had conducted enquiry and sent a report to the Government and the latter was taking necessary steps to recover the land.

The court was not inclined to support the contentions of the CSI. The court noted that the land was assigned by the Government to the American Board of Commissioners for Foreign Mission (ABCFM) for a noble object along with a resumption clause that of the land was not used for the said purpose, it would be restored to the Government. The court noted that the Church of South India Trust Association had alienated the property without any right and claimed to have received only Rs 91 Lakhs when the value of the property was more than 22 crores.

Thus, noting that there were fraudulent transactions, the court was inclined to allow the prayer and order CBI probe.

Counsel for Petitioner: Mr.M.R.Thangaia

Counsel for Respondents: Mr.M.Karunanithi, Special Public Prosecutor, Mr.R.Baskaran, Additional Advocate General, Assisted by Mr.M.Muthumanikkam, Mr.M.Ajmal Khan, Senior Counsel for M/J Ajmal Associates Government Advocate

Citation: 2024 LiveLaw (Mad) 451

Case Title: D.Devasahayam v Central Bureau of Investigation

Case No: W.P(MD).No.1507 of 2021