The Kerala High court must have faced the most challenging argument on its constitutional authority as the head of the Syro Malabar Church, Cardinal Mar George Alenchery questioned the petition in the high court citing only Pope can moot trial on him. The petition was filed asking an inquiry should be ordered regarding the financial irregularities occurred in the controversial sale of church properties.
“Only Pope can moot action against me”, said the counsel for Mar Alenchery, adding that since no such action has been taken from the Vatican, no one can proceed with any inquiry against him. “As per the canon law, any matter regarding the actions of the cardinal can be considered by the Pope”. Since the petition filed by the people of the church, thus became insignificant argued the counsel.
Justice B Kamal Pasha contented this argument and asked, “is the Law of the land is not applicable to you”.
There is a big controversy going on in the Syro Malabar Church regarding the sale of the church properties for much lesser price than the market value. Since the devaluation of the property is an economic offense to evade the stamp duty and taxes. The transaction was dealt by the office of th e Cardinal, he is under severe attack from the laity and a section of priests from the Church.