Archive for the ‘cognizable offence’ Category

The Christian illegal encroachment of Acharappakkam hillock portion and construction of Church complex disturbing ecology and the adjacent Hindu Temple! [2]

March 22, 2020

The Christian illegal encroachment of Acharappakkam hillock portion and construction of Church complex disturbing ecology and the adjacent Hindu Temple! [2]

Lawrence Pius, Pushpam and others visit to hillock

The case is coming up today March 23, 2020: Justices M. Sathyanarayanan and R. Hemalatha on Tuesday [25-02-2020] directed Additional Government Pleader R. Vijay Kumar to take notice on behalf of the Revenue Secretary as well as the Chengelpet Collector and obtain instructions by next month-March 2020[1]. The case is adjourned till the survey was over and fixing the next hearing on March 23, 2020[2]. According to Church version, “Pushpam Adigalar,” a Catholic priest held the charge of St. Joseph church, Acharappakkam in 1965. He reportedly started St. Joseph Elementary School for children there. There were no constructed structures until 2004, as being reported by the Tamil media[3].

Pushpam and another addressing at the hillock

How Mazhai Madha myth floated church constructed and the case started [2004 to 2017]:  In 2004, Backiya Regis took charge and he started construction of structures around the statue. It implies that there was a statue earlier and round which he started construction work. The mountain path was encroached and the work started at Pallippet, a Meikaal poromboke area [meant for grazing of cattle]. As vehicles carrying bricks, sand, CTD Bars and other construction materials, that path was encroached and converted into the road. The multi-storeyed buildings built. The Mazhai Madha church was reconstructed. To compete with and confuse the Hindu devotees, the Christians started “special prayers” on Paurnami days in 2005. As more and more Christian crowd started coming there from outside, the local people started objecting to such movements, as it caused a lot of nuisance. Whenever the local people complained to the respective authorities, they used to issue “warning notices” to the Church. They also used to have “dialogue” with the local people. However, the Church did not care and the authorities also did not take any action and thus the illegal activities went on, evidently with their co-operation and blessings. When all these illegal activities had been going on for many years, why, now the Tamil media coves this giving these details is also intriguing. To sum up, all the involved people have been doing this only because of certain extra-official and legal consideration.

Prayer tower built

Raja, a single man fights?: R. Raja told to the media, “When asked, the Revenue officials informed only four acres of meikaal poromboke land was encroached by the church authorities. But, when we went there to measure, it was revealed that they have encroached more than 60 acres of land. The hillock area coming under the forest department, mountain path and meikaal poromboke area and the areas covered under the department of Archaeology are involved. Initially, I sent registered letters to these departments pointing out the facts. As they did not take action, in other words, have been giving tacit support to the Church people I filed this petition before the Madras High Court”. But, here also, the intriguing factors have been, the authorities in question have been aiding and abetting for the last 14 years. Therefore, sending letters to the same authorities would be futile only. As the government officers change periodically, they do not bother about such letters, unless, they are addressed to their higher authorities, vigilance section etc. But what was done is not revealed in the news coverage. Therefore, as this petition has been in the court, it is right time that people like Subramanyam Swamy to take up and argue, as otherwise, for some flimsy technical reason, the petition would be rejected and the involved would be absolved from all the illegal and criminal activities.

Mazhai Madha Church - myth floated-complex-2

The massive Chruch complex has been built with an agenda: As the issue is critically analysed with circumstantial evidences, the present buildings, guest houses, hotels, road for vehicles and steps for devotees and other infrastructure, it is evident that all have been well-planned and executed with crores of money. Hundreds of lorries carrying construction materials had gone; thousands of workers involved and huge amounts disbursed. Thus, there should be enough documents for al such activities taken place. Moreover, in between, many foreigners were brought here, declaring this Church complex as “International Retreat Centre.” Therefore, all such details are also available. Thus, if the documents are asked for verification before the court, all facts would be out and the involvement of people, officials and departments would be exposed. How the Patta, current, drainage and so many sanctions and clearances have been given, which officers signed those documents would be known, as they are open to the public. Therefore, as the case is posted tomorrow, i.e, 23-03-2020, the concerned should observe the proceedings.

Mazhai Madha Church - myth floated-complex

The case should be argued/conducted properly: As pointed out the Court ordered to conduct a proper survey and report to the Court on March 23, 2020. But, the general public does not know what will happen. Who would appear/depose before the Judges, what details they submit etc. “We will redeem temples, reclaim, recover temples,” Temple protection Committees and so on. But, I could not find that any one of them filing a petition to tag themselves in the case. From 25-02-2020 to 23-03-2020, what happened is also not known to the public. Therefore, the case should be argued properly, As the church has already spent crores, they do not mind in spending moe to win the case, as their influence at all levels is well-known.  But, who would support Sothuppakkam R. Raja is not known. There has been one version that the area was leased to them for 99 years lease. If that is the case, who would unlease it? Therefore, as this petition has been in the court, it is right time that people like Subramanyam Swamy to take up and argue, as otherwise, for some flimsy technical reason, the petition would be rejected and the involved would be absolved from all the illegal and criminal activities, as pointed out above.

The 31st Plenary Assembly of the Conference of the Catholic Bishops of India (CCBI) of the Latin Church held in January 2019

The support extended to this illegal Church from Archbishop to the Vatican: A Catholic website, “Indian Catholic Matters – A New Home for the Community” gives the following details[4].  Inaugurating the 31st Plenary Assembly of the Conference of the Catholic Bishops of India (CCBI) of the Latin Church, in Chennai on January 9, 2019 [Wednesday], Archbishop Giambattista Diquattro, the Apostolic Nuncio to India and Nepal, exhorted the Church in India to pay attention to the needs of the humanity. His Eminence Oswald Cardinal Gracias, in his presidential address, made an appeal to the Church in India to revitalise the Evangelization and added to it he insisted “our Evangelization should be full of life, full of love for mission.” Archbishop Anil Cuoto, the Secretary-General read the annual report of the Conference. Archbishop George Antonysamy, the Vice President read the message of Holy Father Pope Francis and Cardinal Filoni the Prefect of Congregation for the Evangelization of Peoples. Archbishop George added India needs the Church and the Church needs India. The Inaugural session began with the lighting of the lamp by the dignitaries.

Hillock encroached,CBCI discussed about it Jan.2019-1

Why Mazhai Madha Church is important and significant[5]: Most Rev. Dr. A. Neethinathan the Bishop of Chingleput in his welcome address listed out the reasons why Chingleput is the right place for this 31st Assembly, as it is the land of St. Thomas the Apostle, the Apostle of India and has as part of its diocese the Holy Hill of His Martyrdom. “The patron saint of the diocese St. Joseph, father figure of the Church who guards the Church. Mazhai Malai Madha our co-patroness the mother of the Church – who accompanied the early Church,” he said. Chingleput Diocese which comprises of the civil district of Kancheepuram is the place of other religious people live majority and provides us with the opportunity to be Joy of the Gospel. The seven days meeting of the Bishops will discuss the Theme “The Joy of the Gospel” and will look at the new forms of evangelization and the ways and means – to foster the Evangelization. The assembly will also discuss the matters affecting the Latin Catholic Church in India. There are 132 dioceses and 189 Bishops of the Latin Church in India. The Conference of the Catholic Bishops in India (CCBI) is the largest Episcopal conference in Asia and fourth in the world.

Hillock encroached,CBCI discussed about it Jan.2019-2

Do the Hindus have such congregation, commitment and work?: The Christians or Mohammedans or opposite ideologists have been working with commitment and highly professional with sophisticated training. Do the Hindus have such training and professionalism? Do the Hintutwa guys could match these people? Most of the guys appear whenever BJP is in power do something, earn money, stabilize themselves and keep quiet. If the BJP is out, they too disappear. But, the opposite ideologists have not been like that. They work continuously or committed people carry on the work for years. As otherwise, all these things could not happen, in spite of their sexual crimes, pedophile offences and other law-breaking sins or sinful law-breakings. So what is the response of Hindus?

© Vedaprakash

22-03-2020

Mazhai Madha Church - myth floated

[1] NEWS18, அரசு நிலத்தை ஆக்கிரமித்து தேவாலயம் கட்டப்பட்டதா? தமிழக அரசு பதிலளிக்க உயர் நீதிமன்றம் உத்தரவு!, LAST UPDATED: FEBRUARY 25, 2020, 3:35 PM IST.

[2] நியூஸ்.ஜே, மலையை ஆக்கிரமித்து தேவாலயம் அமைப்பு : தமிழக அரசு பதில் அளிக்க உயர் நீதிமன்றம் உத்தரவு, Feb 25, 2020 06:18 PM.

https://www.newsj.tv/view/tructure-of-the-church-occupying-the-mountain-:-High-Court-orders-response-of-the-Government-of-Tamil-Nadu-36956

[3] விகடன், அத்துமீறிய மழைமலை மாதா நிர்வாகம்சிதைக்கப்பட்ட மலைக்குன்று! உயர்நீதிமன்ற கெடுபிடி, பா. ஜெயவேல் Published:26-02-2020 at 7 PMUpdated:Yesterday at 7 PM.

https://www.vikatan.com/news/controversy/madras-high-court-seeks-a-report-on-acharapakkam-madha-shrine-land-issue

[4] ICM News,  Pay Attention to the Needs of Humanity, Apostolic Nuncio Urges Church, January 9, 2019 Team ICM News

[5] https://indiancatholicmatters.org/pay-attention-to-the-needs-of-humanity-apostolic-nuncio-urges-church/

Whether the complaint made against Lazarus, FIR filed etc., have been stage-managed or really meant for persecuting the rabble riser evangelist who abused and even blasphemed!

November 23, 2019

Whether the complaint made against Lazarus, FIR filed etc., have been stage-managed or really meant for persecuting the rabble riser evangelist who abused and even blasphemed!

Lazarus calling temple as a place of satan The Hindu

Complaint registered based on video circulated in the Social media: Mohan C. Lazarus has been notorious for making anti-Hindu comments during his evangelization discourses. Though, he reportedly makes such tirade in his church, the videos have been in circulation. Evidently, he has contacts with the politicians, as he used to claim and declare that so and so has been Christian, or become Christians, soon he would declare so in the public. About Vaiko, he made such comments. In the same tone and tenor, he was seen declaring that the Hindu gods are satan and so on. Thus, the Hindus, after watching the videos started registering their protest and urging to take legal action against such rabble-rouser. According, the Hindu organizations have lodged complaints with police stations. The case was registered after a video of Mohan preaching went viral on social media[1]. In the video, Mohan, while referring to temples in South India, says[2], “Tamil Nadu has the most number of temples in India. These temples are in the grasp of Satan. The temples in Kumbakonam district are the habitat of devils.”

Lazarus petion filed dismissed- Indian Express

High Court ordered for providing details about the speech made, the place, date etc: The Madurai Bench of the Madras High Court on Tuesday 10-10-2018, directed the Nagercoil police not to file a charge sheet against evangelist Mohan C. Lazarus until further orders after it was established that the FIR registered against him for his remarks against Hindu gods carried no particulars of place, time or date of the alleged occurrence[3]. Justice N. Anand Venkatesh, hearing the plea of Mohan Lazarus, who sought to quash the complaint filed against him, questioned if a case could be booked under Section 295A of the Indian Penal Code (deliberate and malicious acts intended to outrage religious feelings) after it was alleged that the speech was made in a closed event[4]. The court sought an explanation to ascertain the facts of the event. Immediately, the police and the applicants should have submitted the details to the court, but, obviously, they did not do that. So actually, one cannot divine who helped him or gave room for such lacuna, so that the petitions could be quashed easily.

G K Ilanthiraiyan dismissed the petition against Mohan Lazarus

The media played hype role, instead of pointing out the lacuna: However, the media had been gleefully carried on the news that more complaints were made against the evangelist and so on. The action was taken against him based on three separate complaints lodged against him with three different police stations[5]. In the first instance, BJP functionary R Jaihind Murugesan, 43, of Uthupalayam near Arasur, lodged a complaint against the preacher with the Sulur police[6]. Based on the complaint, Sulur police inspector Thangaraj registered a first information report (FIR) against Mohan C Lazarus under Sections 153 (A) (1) (a) (b) and 295 (A) of the Indian Penal Code[7]. Likewise, the Karumathampatti police registered a case against the Christian preacher under Sections 153 (A) and 295 (A) of the Indian Penal Code based on a complaint lodged by another BJP functionary, whose identity couldn’t be ascertained[8]. In another instance, VHP district deputy secretary R Manoshankar, 35, of Pollachi, lodged a complaint against Mohan Lazarus with the Pollachi west police, who registered a case[9]. Further investigation is on[10].

Lazarus - Judge Anand Venkatesh

How the court gave hint that the speech made in public should be taken cognizance and so on: Justice N Anand Venkatesh[11], while hearing the petition filed by Lazarus seeking to quash the FIR registered based on a complaint by Hindu Munnani functionary Namburajan, observed that, “Any complaint must have certain preliminary requirements to make out an offence. However, the complaint, in this case, does not satisfy the requirements to attract section 295 (A) of IPC (deliberate and malicious acts intended to outrage religious beliefs).” He stated that in order to make out a cognizable offence under the above IPC section, the statement should have been made in a public meeting[12]. If the said statement had been uttered in a closed gathering in the nature of a private meeting, it cannot be cited as a cognizable offence under the above section, as the same would imply that no two persons can freely express their ideas or sentiments to each other in fear that they may be punished if it gets published in social media, the judge added. Criticising the Kottar police for filing FIR on a complaint that lacks the most important details as to where, when and on what occasion the alleged statement had been made, the judge directed the police to explain on what basis the FIR was registered by them.

Difference among the IPC sections

Details of IPC Sections 153A, 295 & 295A SECTION 153 A: The purpose of the Section 153 A is to punish persons who indulge in wanton vilification or attacks upon the religion, race, place of birth, residence, language etc of any particular group or class or upon the founders and prophets of a religion. The jurisdiction of this Section is widened so as to make promotion of disharmony, enmity or feelings of hatred or ill-will between different religious, racial, language or regional groups or castes or communities punishable. Offence on moral turpitude is also covered in this section. The offence is a cognizable offence and the punishment for the same may extend to three years, or with fine, or with both. However, the punishment of the offence committed in a place of worship is enhanced up to five years and fine.

Ingredients of Section 153A:

  • The act of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, community or any other group.
  • Acts prejudicial to the maintenance of harmony between different groups or castes or communities, if the acts disturb public tranquillity.
  • Acts causing fear or alarm or a feeling of insecurity among members of any religious, racial, language or regional group or caste or community by use of criminal force or violence against them.

IPC and cyberlaw, Defamation law, effects

SECTION 295: Section 295 of the I.P.C makes destruction, damage, or defilement of a place of worship or an object held sacred, with intent to insult the religion of a class of persons, punishable with imprisonment which may extend to two years, or with fine , or with both. This section has been enacted to compel people to respect the religious susceptibilities of persons of different religious persuasion or creeds.

Ingredients of Section 295:

  • The accused must do such an act with the intention of insulting the religion of any person, or with the knowledge that any class of person is likely to consider such destruction, damage or defilement as an insult to their religion.
  • The accused must destroy, damage or defile any place of worship or any object which is held as sacred by any class of persons.

 SECTION 295-A: The object of Section 295-A is to punish deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or the religious beliefs. This section only punishes an aggravated form of insult to religion when it is perpetrated with deliberate and malicious intention of outraging the religious feelings of a class.

Ingredients of Section 295-A:

  • The accused must insult or attempt to insult the religion or religious beliefs of any class of citizens of India.
  • The said insult must be with a deliberate and malicious intention of outraging the religious feelings of the said class of citizens.
  • The said insult must be by words, either spoken or written, by signs or by visible representation or otherwise.
  • The offence under Section 295-A is cognizable and a non-bailable and non-compoundable offence.
  • The police have a power under to arrest a person charged under Section 295-A without a warrant.

However, the police did not arrest him.

IPC and cyberlaw

Lazarus gave a clarification that he made such speech in a pastors conference in 2014: Lazarus, in his petition, said the case of the prosecution was that he had spoken against Hindu gods and referred to them as Satan. He claimed that he did not intend to hurt anyone and the complaint was based on a speech delivered in 2014 at a pastors’ meet in Chennai, which was a closed event. Therefore, how and why the rel hate-speech made in 2014 in Chennai was not noticed and suddenly, it was circulated in 2019 is not known. As it was a private and closed event, as claimed and submitted before the court, how the video suddenly came out in 2014. The source could have been known to him or the persons involved in taking video or the church. As without which, it could not have been made available in Cyberspace. So if at all, anybody wanted to create trouble between two communities, it was the person who uploaded the video first in the internet. Even if it was done for publicity, then, Lazarus is responsible. Thus, instead of investigating in that way, the complaint made, FIR registered etc., were done mechanically, without application of mind or understand the legal provisions.

Mohan Lazarus clarification-1

Mohan Lazarus tactfully clarified that he was talking in a pastors meeting, according to his belief in a closed hall

Mohan Lazarus clarification-2

Mohan Lazarus tactfully clarified that he was talking in a pastors meeting, according to his belief in a closed hall

Lazarus petion filed dismissed- The Hindu

The petition has been dismissed with the provision of appeal: The Nagercoil police had booked him based on a complaint filed by Nambirajan of the Hindu Munnani under Section 153A (promoting enmity between different groups) and Section 295A of the IPC. Hearing in the case has been adjourned to October 24, 2018. Lazarus filed a petition explaining his stand and requesting to quash the FIR and further proceedings[13]. Accordingly, Judge G. K. Ilanthiraiyan allowed the petition filed by him and quashed the FIR filed by the Nagerkoil police[14]. The police has to file the closure of complaint to the applicant and the applicant, if has any grievance, he could approach appropriate court for getting redressal. Earlier, Lazarus also explained his position through a video uploaded as a clarification against the accusations made against him[15]. The whole affair exposed as to how the Hindutw forces have badly handled the case and cut a sorrow figure before the public, in spite of having contingent of lawyers and advocates.

© Vedaprakash

23-11-2019.

Lazarus petion filed dismissed- The Dinamalar

[1] India Today, Christian preacher booked for promoting enmity after video goes viral on social media, Lokpria Vasudevan , Chennai, October 3, 2018; UPDATED: October 3, 2018 18:02 IST

[2] https://www.indiatoday.in/india/story/christian-preacher-booked-for-promoting-enmity-after-video-goes-viral-on-social-media-1354822-2018-10-03

[3] The Hindu, Explain basis for registering case against evangelist: HC Says FIR against Lazarus lacks details, STAFF REPORTER, MADURAI, OCTOBER 10, 2018 01:03 IST, UPDATED: OCTOBER 10, 2018 01:03 IST

[4] https://www.thehindu.com/news/national/tamil-nadu/explain-basis-for-registering-case-against-evangelist-hc/article25173085.ece

[5] Times of India, Hate speech: Christian preacher booked in Coimbatore, TNN | Updated: Oct 3, 2018, 10:59 IST

[6] https://timesofindia.indiatimes.com/city/coimbatore/hate-speech-christian-preacher-booked/articleshow/66046126.cms

[7] TheNewsMinute, 3 cases against evangelist Mohan C Lazarus for ‘promoting enmity between religions’, Priyanka Thirumurthy, Wednesday, October 03, 2018 – 16:18.

[8] https://www.thenewsminute.com/article/3-cases-against-evangelist-mohan-c-lazarus-promoting-enmity-between-religions-89391

[9] The Hindu, More cases filed against evangelist Mohan Lazarus for his remarks against Hindu deities, Madurai bureau, IRUNELVELI, OCTOBER 03, 2018 19:28 IST; UPDATED: OCTOBER 04, 2018 01:36 IST.

[10] https://www.thehindu.com/news/cities/Madurai/case-filed-against-evangelist/article25114037.ece

[11] Indian Express, Madurai Bench slams Nagercoil police for registering FIR with

insufficient details, Published: 10th October 2018 09:30 AM | Last Updated: 10th October 2018 09:30 AM.

[12] https://www.newindianexpress.com/states/tamil-nadu/2018/oct/10/madurai-bench-slams-nagercoil-police-for-registering-fir-with-insufficient-details-1883461.html

[13] The Hindu, HC quashes FIR against Mohan Lazarus, STAFF REPORTERNOVEMBER 22, 2019 21:32 IST, UPDATED: NOVEMBER 22, 2019 21:32 IST.

[14] https://www.thehindu.com/news/cities/Madurai/hc-quashes-fir-against-mohan-lazarus-madurai-nagercoil/article30053507.ece

[15] https://persecutionrelief.org/pr-mohan-c-lazarus-clarifies-about-the-allegation-made-against-him-by-religious-fanatics/