The division bench of the Kerala High Court on Friday stayed an order issued by its single-judge against Cardinal Mar George Alencherry, the Major Archbishop of the Syro-Malabar Church, in connection with a land deal case.
"The case was filed with the police and the court on the same day. The court interfered in the case before the police could take any action in the case," the division bench observed while considering an appeal filed by the Cardinal and three others.
The court will consider the case again on April 3.
The Kerala police on Monday had registered a case against the Cardinal, who is also the head of the archdiocese of Ernakulam-Angamaly, and three others in connection with the land deal that reportedly brought about financial losses to the church.
The case was registered following an order from the high court single-judge bench on a writ petition filed by Shine Varghese, a member of the church. The bench had ordered to book Cardinal George Alencherry, senior archdiocesan functionaries Father Joshy Puthuva and Father Sebastian Vadakkumpadan, and a parishioner Saju Varghese as there was prima facie evidence of criminal conspiracy, breach of trust and misappropriation of money in the deals. It had also criticised the police for not registering a case despite being in possession of enough information.
The bench had also rejected the arguments of the defendant that only the Pope could initiate action against the archbishop and reminded the Cardinal that he was subject to the law of the land. The court also rejected arguments that the archbishop had supreme authority over the assets of the diocese.