FOCUS 2021 July

Notice to Apostolica Signatura Rome, Italy 1. His Eminence Dominique, Francois Joseph Mambert Prefect Signatura Apostolica, Palazzo della Concelleria, Piazza della Concelleria 00186 Rome, ITALY Email: signatura@ signatura.va 2. His Eminence Apostolic Nunciature, 50-C Niti Marg, Chanakyapuri, New Delhi - 110021 Email:- nuntius@apostolicnunciatureindia.com Sub:- Sister Lucy Case – Kerala, India Your Eminence, 1. A few days back Sister Lucy whose Appeal was pending with you, No. 1 received a very doubtful and mutilated communication that her Appeal has been dismissed. Pursuant to that, the Head of her Congregation sent her a letter ordering her to leave the convent. Sister Lucy is a citizen of India and is entitled to the protection under the Constitution of India and the fundamental rights guaranteed therein. Her Congregation rely on certain rules and regulations which are rankly illegal and unconstitutional, ostensibly based on Canon Law which cannot override the Constitution of India and the laws of this country. I am sorry to have to record that these oppressive dicta belong to the Middle Ages in Europe and to an era when basic human rights were not recognized. Her Congregation contends that an Order has been passed dismissing her from the Congregation several years back, against which the record indicates that she filed an Appeal to the then Nuncio in Delhi because she was told that he is the designated authority to deal with the Appeal. That worthy dignitary refused to acknowledge any communication from anybody including myself who wrote to him 13 times with regard to other serious cases, but he was in total collusion with all the corrupt authorities of the Catholic Church who were known for money laundering and illegal transfer of funds through him and his office to the Vatican. This will be established when those cases come up before the Courts and the Government, but what is relevant here is that he was so autocratic that he refused to listen to anybody. 2. The record indicates that after filing the Appeal Sister Lucy has telephoned to him, but more importantly, that she has sent him written requisitions asking for a hearing because it is her case that she has not committed any act that could warrant the Order passed against her. There is very clear documentary evidence that when the powerful Bishop Mulakkal was investigated into by the highest police officers in Kerala and when the investigation indicated not a prima facie but a conclusive case against him and when a chargesheet of over 2000 pages was filed because of the influence, power and money, he was not arrested and there was a public outcry. The victim belongs to Sister Lucy’s Congregation and she was not the only one who took part in the public meeting held to demand his arrest. Several other Nuns from Kerala and from all over the country had taken part. The Constitution guarantees freedom of expression and the demand made was that the law should be enforced. In over a dozen cases recently the High Courts and the Supreme Court of India have upheld the citizens’ fundamental right relating to freedom of expression, despite which the Church seeks to dismiss Sister Lucy from the Congregation holding that this constitutes grave misconduct. This is the real reason for the action and realizing that the Congregation would be in serious trouble, it was very quietly changed to a host of meaningless charges making the whole proceeding a mockery of the law. Also, having regard to the consequences this was not a mere disciplinary enquiry but far far more serious and irrespective of whichever law was being applied, the rules of natural justice mandates a fair trial and these were Sister Lucy’s main contentions. The Nuncio refused to hear her and passed a Summary Order confirming the dismissal. 3. There is a criminal case for multiple rapes and other sexual offences which includes sexual perversions committed by Bishop Mulakkal, one of the world’s richest bishops and a great favourite of the Vatican. He is facing trial before a Criminal Court for offences of serial rapes and other allied sexual crimes. The case has been investigated threadbare and the prosecuting authority has submitted a chargesheet to the Court running into over 2000 pages making out a foolproof case which is absolutely indefensible. It is relevant to record here that in this class of cases there is no presumption of innocence, but the burden shifts to the accused to establish innocence. The case is pending in a Court in the State of Kerala where no corrupt tactics work and before a Judge who is part of the Kerala Judiciary who are a shining example to the world for high professional efficiency and integrity. Mulakkal has been dodging the trial on one false excuse after the other and the Court had to recently cancel his bail. He went to the High Court for quashing of the case on the ground that there was no substance in the prosecution charges. The High Court heard the case in detail and has delivered one of the finest judgments in criminal law examining every aspect of the case and recording a finding that it is a watertight case for conviction and dismissing Mulakkal’s plea. He took the case to the Supreme Court and the Supreme Court dismissed his Petition confirming the High Court judgment and it is only a matter of time before the Trial Court convicts him. What is relevant here is that despite this record making it virtually a shut case the Catholic Church has neither suspended him nor removed him from office and he still goes around as a Bishop with his gold cross and robes. 4. As pointed out earlier, Mulakkal is one of the richest Bishops in the world, though India is a poor country and Jalandhar is not a rich Diocese and it is not difficult to understand as to how and where his money has come from. He is also extremely powerful and claims to have political connections and a combination of these resulted in his arrest being delayed even though the Government had made out a cast iron case for rape and other sexual charges. He used every form of inducement against the poor nun and when she did not agree to withdraw the case, every conceivable form of pressure tactic was resorted to. It is a very very sad reflection on the Church that it still continued to support Bishop Mulakkal and her Congregation joined in and so did the Kerala Catholic Church and steps were taken to not only throw her out of the Congregation, but to murder her and the Courts and the Kerala Government had to intervene and provide her with the protection required. 5. There was widespread disapproval from all strata of society for the means used by Mulakkal and the Church against the Nun and her Congregation abetted Mulakkal and so did the Catholic Church right up to the Vatican. The Nuns in Kerala disapproved of what the Church and the Congregation were doing and agitated against these illegalities. Sister Lucy was one of the Nuns who agitated that Mulakkal should be brought to justice, which she had every right to do and because of her participation she was served with a Notice by the Head of her Congregation specifically mentioning that action would be taken against her. 6. This was the starting point which is borne out by the record and the real reason for the action against her. There is documentary evidence to establish it. Realizing the illegality of the action, some frivolous charges which are devoid of substance were levelled against her and an Order of dismissal ensued, which can only be compared with the manner in which Jesus Christ was put on trial and condemned to death, though he was completely innocent. This is precisely the manner in which Sister Lucy has been treated and condemned. 7. The Appeal filed to the Nuncio in Delhi is supposed to have been summarily dismissed by him after refusing to afford any hearing to Sister Lucy. The records of the Appeal will have to be produced by the Nuncio’s office and they will establish that she had asked for a hearing which was denied and an ex-parte order confirming the dismissal was passed. Such an Order is void in law and of no consequence because the charges are devoid of merit and so is the original dismissal order. Against the Order she preferred an Appeal to you No. 1 at the Vatican and that Appeal is now supposed to have been dismissed again arbitrarily and without affording her a hearing. 8. Something is seriously wrong with what is going on in the Vatican because her Appeal is supposed to have been dismissed on 27.05.2020 as is clearly mentioned in the Vatican’s Order. The records have been very carefully checked and they establish that Italy had been badly hit by the pandemic at that time and that the office had been closed for four months. How such an Order could have been passed when the office was closed and not working is something which you are called upon to explain because the consequences are serious in so far as it clearly establishes that the Order is fabricated. Both the authorities, one in the Vatican and the second in Delhi are called upon to indicate what they have to say with regard to what has been pointed out in this Notice. What has been pointed out is indefensible and irrespective of whether a reply is received or not, the two of you are called upon to follow the under mentioned procedure:- a. If at all any ex-parte Order has been passed on the Appeal filed to Rome, that will have to be set aside because it is an Appeal against a similar arbitrary and ex-parte Order passed by the then Nuncio in Delhi. It would be relevant to point out that I had taken up the matter with the Government of India who instead of dismissing the man from this country politely requested the Vatican to withdraw him as otherwise he would have to be expelled and the Vatican preferred to withdraw him from India and as a face-saving device stated that he is transferred to some other country. b. The Order of the Nuncio rejecting Sister Lucy’s Appeal and confirming the dismissal Order of her Congregation will have to be withdrawn and she will have to be afforded a fair hearing in keeping with the rules of natural justice which apply to every law including Canon Law and a fresh Order will have to be passed in keeping with law. Since this is a case involving the status and future life of the Nun, she will have to be heard through a lawyer of her choice. You do not expect a Nun who is a lay teacher to be able to deal with the legalities and above all, the arrogance and the might of the Catholic Church. If she cannot afford to engage a good lawyer and fly him to Delhi, I am prepared to represent her / assist her at the hearing as I happen to be a qualified and experienced lawyer and not one who can be bought over by Church funds or intimidated. 9. You are called upon to take corrective action along the lines indicated above, because the future of the Church in this country is dependent on that. Yesterday, there was a Republic TV debate on National Television in which the Church was virtually on the mat. I had publicly pointed out in that debate that this is a case of prolonged sexual harassment of a woman citizen and we have very strict laws in this country to deal with sexual harassment. Another aspect that emerged was that as many as 467 Nuns in the State of Kerala who were victims of sexual predators from the Clergy and the Bishops have lost their lives. In one of those cases the Priest involved has been awarded a life sentence, but in all the rest of them the power of the Catholic Church and the use of huge funds and political contacts have ensured that no action has been taken or in other words that the crimes have been covered up. Why almost 500 Nuns should commit suicide by jumping into wells is a matter which the Catholic Church will have to answer very soon because there is global condemnation for what is going on. It is necessary to record here that the State of Kerala has 100% literacy and secondly, that the women of Kerala of whom over 60,000 are Nuns in that State as also the women of Kerala who have been hailed as the finest members of the Nursing Profession in 97 countries will no longer tolerate the widespread sexual harassment that is going on. The Mulakkal case is therefore a test case for not only over 60,000 Nuns in Kerala but for atleast 6 times the number of Nuns in different parts of this country who are facing similar oppression. This is a very serious matter and calls for immediate correction action. It is better that corrective steps be taken in Sister Lucy’s case as otherwise, the Church which is already playing with fire will have to face very very serious consequences. Reliable statistics indicate that in the last two years alone 69% of the Catholics in India have left the Church purely because of the corruption involved. Let me also record that one of the senior and well known politicians has officially applied to the Government of India that having regard to this track record, the Nuncio should be expelled and his Palace be sealed by the Government and I do hope that the Church will not force the Government of India to take that step. 10. You are called upon to indicate to me whether the simple course of corrective action will be taken and to also ensure that until this case is fairly and finally decided no coercive action will be taken against Sister Lucy. A copy of this Notice is being forwarded to the Head of the Congregation to whom I have already addressed a Notice with the demand that the status quo be maintained and if the Congregation refuses to do it, the further legal action will follow. Justice Michael F. Saldanha (Retd) Copy forwarded to:- Sr. Ann Joseph, Superior General, Franciscan Clarist Congregation, Portiuncula, Asokapuram, Aluva – 683 101, Kerala. Email:- fcgeneralate@gmail.com.