Dama Seshadri Naidu, J.

Introduction:

The Lord saw that the wickedness of man was great in the earth, and that every intention of the thoughts of his heart was only evil continually. Genesis 6:5

Whose wickedness is it any way? We shall see.

1. A Diocese, a district under the pastoral care of a bishop in the Christian Church, combines its spiritual and secular affairs. It decides to sell some of its property. Authorised, a couple of office bearers sells the property, but faces allegations of misappropriation. A few members of the congregation complain: at least four of them approach either the police or the court. Acting on such complaint, a competent criminal court takes cognizance and decides to try the matter. But others persist with police complaints.

2. When the police allegedly refused to register a crime, they approached this Court. They contend that only police could unravel the crime. A learned Single Judge allows the Writ Petition; the police act on the judicial directive and register a crime. In the appeal, the aggrieved office bearers question that direction.

3. Can the impugned judgment be sustained? Do the complainants have any efficacious alternative remedies available to them, for the public-law remedy is the last resort in private affairs?

Facts in Brief:

(a) W.P.(C) No.5522 of 2018

4. Shine Varghese is a member of Ernakulam-Angamaly Arch Diocese, which conducts its affairs, Shine claims, as per the Code of Canons of the Eastern Churches, (“the Code of Canons”) and its bye-laws. Those Cannons and bye-laws also cover the ecclesiastical elements —church’s properties.

5. Diocese’s Arch Bishop is Mar George Alancherry; its finance officer is Fr.Joshy Puthuva, a priest; and one of the Pro-Vicar Generals is Fr. Sebastian Vadakkumpadan.

6. A couple of years ago, the Diocese wanted to establish a medical college. For that purpose, in 2015, it purchased five pieces of land for Rs.58,78,25,930/, most of which it borrowed from banks. The proposal not fructifying and the debt mounting, the Diocese wanted to sell away some of its other properties. In March 2016 the Diocese’s Finance Council entrusted the task to Fr.Joshy and Fr.Sebastian. Later, the Consulters’ Forum, another administrative wing, after accepting the Finance Committee’s proposal, wanted those two persons to sell the land subject to, among other things, these conditions: (i) The land must be sold at “an average price of Rs.9,00,000/- per cent”; (ii) all the five properties must be sold as a single lot.

7. In sum, the Diocese decided to sell 301.76 cents for an expected Rs.27,15,84,000/. The sale thus decided, then entered the commercial considerations and the attendant temporal travails and evils. Now the allegations pour forth in a torrent.

8. Shine alleges that even before the Consulters’ Forum consented to sell the property, the Arch Bishop, Fr.Joshy and Fr. Sebastian had hatched a criminal conspiracy to gain illegally; so they authorized one Ajas to sell the property at Rs.9,05,000/- per cent. Later, they further conspired and replaced Ajas with Saju Varghese, a realtor. They schemed, the allegation goes, to misappropriate a substantial part of the sale money.

9. Between August 2016 and September 2017, the Arch Bishop and the other two priests, according to Shine, divided the property into 36 plots and executed 36 sale deeds for Rs.13,51,44,260/-. Even out of that amount, the Diocese received only Rs.9,13,36,600/-, which also included Rs.1,14,00,000/- received from “unknown persons.”

10. In this frenzy of sales involving tiny extents, Saju himself purchased 60.29 cents for Rs.6,62,962/- for cent though its market value is Rs.28,00,000/- per cent. Shine’s “enquiries” revealed that out of Rs.3,99,70,000/- shown in one document, the Diocese received from Saju only Rs.14,00,000/-. Though Saju had not paid the balance amount, the two priests entrusted with selling the land issued a false receipt.

11. In brief, Shine alleges that the Arch Bishop and the two priests vio