Bombay HC Quashes Chargesheet Against Former CNI Bishop And Church Officials In Afghan Church Land Dispute

Mumbai: A chargesheet against a former Bishop of the Church of North India (CNI) and three other church officials in a criminal complaint in 2008, accusing them of signing an illegal agreement with a builder in 2005 to sell land around the historic Afghan Church, Colaba, has been quashed by the Bombay High Court.

The court quashed the chargesheet because the Charity Commissioner, whose permission was needed for the sale of land belonging to a public trust, had rejected the agreement to sell and develop the church land, rendering the agreement made with the builders, ‘unfruitful’.

After the agreement between the church officals and the builder, an FIR was filed at Cuffe Parade police station by Cyril Dara, a church member, under various sections of the IPC, including cheating and forgery.

The complaint said that officials of the Indian Church Trustees, the guardian of CNI properties, made an illegal agreement to sell 12,158 square yards around the Afghan Church, officially the St John the Evangelist Church, though the land belonged to the defence department. The complaint said that the defence department had given the land to the church during colonial era only for religious purposes.

Subsequently, a chargesheet was filed against Bishop Baiju Gavit and three others. A second chargesheet was filed against four more accused. No chargesheet has been filed against one more accused named in the FIR. Gavit and the other accused in the first chargesheet filed a criminal writ petition seeking quashing of the FIR against them. Gavit died during the pendency of the petition.

On December 12, a division bench of Justice Bharati Dangre and Justice Manjusha Deshpande quashed the chargesheet against Gavit and others. The court said that since the Charity Commissioner had refused permission for redeveloping the church land, the agreement made by the church officials with the construction company was ‘unfruitful’.

Continuation of proceedings against the petitioners and asking them to undergo the rigmarole of the trial would be nothing but abuse of law, the court said. The second chargesheet has not been quashed. Dara said he will challenge the quashing of the first chargesheet in the Supreme Court.