REV. FR. FARCISUS MASCARENHAS Vs. STATE OF BOMBAY

JUDGEMENT

(1.) THIS is an appeal from the judgment of the City Civil Court, dismissing the appellant's application under Section 72 of the Bombay Public Trusts Act. 1950.

(2.) THE appellant is the acting Vicar of the Sacred Heart Church at Worli situate in the Archdiocese of Bombay. The appellant made an application under protest under Section 18 of the Act for the registration of the trust. The Vicars of several other Roman Catholic Churches in the State had made similar applications under protest. It was contended by the appellant and the other applicants that the various churches do not constitute trusts, much less public trusts, and that consequently the Bombay Public Trusts Act does not apply to those churches. They further contended that the Roman Catholics all the world over are governed by the Canon Law, which is their personal law, that this law provides for the appointment of ecclesiastical officers and also for the administration of church properties, and that under this law a Church, like any other individual owning property, has the exclusive right to acquire, hold and manage its property. Therefore, according to them, the Act was not applicable to the Roman Catholic churches and there was no necessity for registration of those churches as public trusts. A further contention was raised by the appellant and other applicants to the effect that even if it be assumed that the Roman Catholic Churches are public trusts, the Canon Law constitutes an 'instrument of trust.' The Deputy Charity Commissioner, before whom the applications were filed, rejected the contention of the appellant and the others to the effect that the Roman Catholic churches are not public trusts. They thereupon preferred appeals before the Charity Commissioner, who dismissed them. Thereafter, these persons prefered applications before the City Civil Court under s, 72 of the Act, which were heard by Mr. M.G. Chitale and dismissed by him. All these persons have, therefore, preferred appeals to this Court under Sub -section (4) of Section 72 of the Act. The appeal of the appellant alone was admitted while the, appeals of 96 other appellants, in which similar questions wore raised, have not yet been admitted. Since the questions involved in all theses appeals are the same, it was agreed at the hearing of this appeal that those appeals should not be placed on the. Board for admission till the expiry of two weeks after the judgment in this appeal is formally delivered in Court.

(3.) THE contention of Mr. Pinto, who appears for the appellant, is that the properties neither of the Catholic; church nor of a Parish church constitute trusts. These properties are not held in trust but they are managed and dealt with in accordance with the principles of the Canon Law, which is binding on the conscience of the Roman Catholics all the world over. If any law interferes in this matter it would be ultra vires as being in conflict with the provisions of Articles 19, 25 and 26 of the Constitution.