CSI has no right to manage Basel Mission trust properties: HC

January 28, 2012

basel

Bangalore, January 28: In a judgment that will have far-reaching impact on the administration of church properties in Dakshina Kannada and Kodagu districts, the Karnataka High Court has declared that the Church of South India (CSI) and the CSI Trust Association have no right to manage the properties of the United Basel Mission Church in India (UBMC) – South Canara and Coorg.

Ruling that the CSI and its agencies/representatives were administering and managing about 1,500 properties of the UBMC in “breach of trust” and “without any legal right for the past about 40 years,” the High Court removed them from the control/trusteeship of these properties.

These properties include prominent church buildings, prayer halls, graveyards, schools, hospitals, theological seminary, hostels, homes for the poor, widows and sick, and residents for missionaries.

In its recent judgment, a Division Bench, comprising Justice N. Kumar and Justice A.N. Venugopala Gowda, also directed the CSI and its representatives to submit accounts of income and expenditure of these properties from the day they assumed the office of trustee of these properties, besides handing over the properties to the trustees to be appointed by the district court.

The Bench passed the verdict while allowing the pleas of Christopher Karkada and others (beneficiaries of the UBMC) claiming that these properties belong to the public, charitable and religious trust formed by the UBMC during pre-Independence, and transfer of absolute ownership of these properties to the CSI in the guise of merger of the UMBC with the CSI was illegal.

The Bench found that the UBMC had created the trust — UBMC Trust Association — in 1930s and transferred all properties to it. However, the UBMC in 1957 revoked the trust, and in 1972 the UBMC Trust Association itself was wound up. Meanwhile, the UBMC, in 1972, transferred the properties to the CSI Trust Association.

Public trust

While declaring the UBMC Trust Association as a “public trust,” the Bench held that the creator/author of a public trust had “no right to revoke the public trust” and hence the UBMC's action of revoking the UBMC Trust Association was null and void ab initio. Consequently, the Bench said, transfer of properties by the UBMC to the CSI Trust Association in 1970s also had no recognition in law and hence these transactions were null and void. The Bench turned down the contention of the CSI that it was a private trust.

The Bench also pointed out that the CSI and its agencies had alienated some of these properties when an interim order of the court prohibiting such alienation was in force and hence such alienation too had no recognition in law.

Breach of trust

“The CSI/CSI Trust Association is not entitled for possession of these properties…. They got into possession through documents having no legal recognition…and acting as trustees of properties. Because of the assertion of title in respect of the properties and alienating the properties belonging to the UBMC Trust Association, it committed breach of trust,” the Bench held.

The High Court also directed the district court in Mangalore to form a scheme for the proper administration and management of properties of the UBMC by appointing nine trustees as the UBMC Trust Association is not in existence now.

Meanwhile, on a request by the CSI, the Bench gave 90 days' time for implementation of the verdict to enable the CSI to file an appeal in the Supreme Court. However, during this period the CSI and its agencies cannot alienate any property.

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News Network
April 5,2020

New Delhi, April 5: Former Karnataka chief minister HD Kumaraswamy on Sunday challenged Prime Minister Narendra Modi to offer a "credible scientific and rational" explanation for his candle-lighting call and said he is giving "meaningless tasks" to an already exhausted population.

The JD(S) leader questioned if the Prime Minister asked the nation to observe a candle-light vigil on the eve of foundation day of BJP.

"Has the PM slyly asked the nation to observe a candle light vigil on the eve of foundation day of BJP? April 6 being its foundation day, what else can explain the choice of date & time for this event? I challenge the PM to offer a credible scientific and rational explanation," Kumaraswamy tweeted.

"The government is yet to provide PPEs for doctors and make test kits affordable for the common man. Without telling the nation what concrete steps are being taken to combat COVID-19 menace, the prime minister is giving meaningless tasks to an already exhausted population," he tweeted.

"It is shameful to convert the national crisis into an event of self aggrandizement & it is beyond shameful to push the hidden agenda of his party in the face of global calamity. May sense prevail upon the PM," the JDS leader said in another tweet.

Amid a nationwide COVID-19 lockdown, Prime Minister Modi on Friday appealed to countrymen to light diyas and candles on April 5 at 9 pm to fight the darkness spread by the pandemic. He asked the people to turn off all the lights in their homes and stand at doors or balconies and light candles or diyas, torches or mobile flashlights for 9 minutes on April 5.

Last month, PM Modi had asked the people to come out in their balconies and clap and beat utensils to show appreciation for doctors, nurses and others helping fight coronavirus on 'Janata Curfew'.

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News Network
July 3,2020

Mangaluru, Jul 3: Four central crime branch (CCB) police personnel tested positive for coronavirus on Friday in Dakshina Kannada district in Karnataka.

So far, eighteen police personnel, including an official of the ACP rank and 12 from Ullal police station, have tested positive for Covid-19 in the district in the last few days, police sources said.

A policeman from Mangaluru Rural station and another from Puttur station have also been infected.

All the personnel who tested positive have been admitted to the designated Covid-19 hospitals.

City police commissioner Vikash Kumar Vikash said adequate protection has been provided to police personnel who were fighting the pandemic and the members of their families.

As of Thursday, the total coronavirus cases in the district stood at 923 and the toll 18 while the state's infection count has crossed the 18,000 mark with 272 deaths.

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News Network
July 16,2020

Bengaluru, Jul 16: Former Karnataka Chief Minister Siddaramaiah on Thursday hit out at state Health Minister B Sriramulu for stating that "only God can save Karnataka" from COVID-19 and asked him to resign from his post.

Speaking to media here in Bengaluru, Siddaramaiah said, "The government cannot say that we are helpless. Why is the government in power? You have power and you have money. It is your primary duty to serve the citizens of the state."

On being asked about Karnataka Health Minister's statement, the Congress leader said: "Let him resign and go out. God will help you only if you will put all your efforts."

Meanwhile, President of the Karnataka Pradesh Congress Committee DK Shivakumar tweeted "Karnataka's Health Minister saying 'Only God can save Karnataka' reflects poorly on @BSYBJP govt's ability to handle the Covid crisis. Why do we need such a government if they cannot tackle the pandemic?"

Sriramulu had said on Wednesday that either people should inculcate awareness or only God can save them from COVID-19.

"Who can save us at this time? It's either God or people should inculcate awareness in them. Congress leaders are involved in political mudslinging at this time. This is not fine and it will not help them in any way," the Minister had said.

"It is a crucial time, in the interest of the general public. I request all the Congress leaders not to indulge in loose talk regarding the issue, it leads to more panic situation among the general public. We are ready to adhere to any punishment if we did any wrong thing," he had added.

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