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TRUTH
TRIUMPHS
Statement By:
Rev. Fr. Augustine Vallooran V.C.
Director - English & Other Language Retreats
Divine Retreat Centre
Supreme Court Quashes All Allegations against Divine Retreat Centre
Landmark verdict sets aside order of the High Court as anti-constitutional and against all natural justice. The Division Bench stated, "Institutions own reputation is a priceless treasure." It concluded the judgment by directing that "the copies of this judgment should be sent to the High Courts in all the States."
We have a GREAT reason to rejoice for our God has intervened in our struggle against the forces of evil and won the battle for us! All the fervent prayers rising to heaven from the hearts of thousands of people in India and all over the world, who know us personally and appreciate Divine's works have been answered.
It has been exactly two years of continued harassment and malicious propaganda in the media and at various quarters by fundamentalist groups. It was on 10 March 2006, the High Court of Kerala, upon receiving an anonymous letter containing false allegations against Divine Retreat Centre, took up the case 'suo motu' (on its own initiative) and ordered an inquiry into the affairs of our Retreat Centre - a Special Investigation Team was formed for this purpose.
God's decisive intervention came on 11 March 2008, in the form of the judgement of the Supreme Court, setting aside the order of the High Court as anti-constitutional and against all natural justice.
"If God Is For Us, Who Is Against Us?" (Romans 8:31)
We, at Divine Retreat Centre, the world's largest Catholic Retreat Centre located in Kerala, India, had welcomed the investigation and have been giving it our full cooperation. However, we had no inkling of what was to come. The police team began to harass us and disturb the smooth functioning of the daily services of our retreats.
We were especially shocked by the humiliating manner in which the police raids were carried out in the Centre on 30 September and 01 October 2006. What pained us the most was the way the sick were subjected to torturous harassment. Even the AIDS patients and the mentally challenged were not spared! We were deeply grieved at this cruelty.
"The Nations Shall See Your Vindication" (Isaiah 62:2)
After 21 months of rigorous investigation, the police team were still not able to come up with any evidence against our Retreat Centre. It is at this juncture that we moved the Supreme Court with the intention of putting a stop to this unending harassment of the investigation process and unbridled media slander.
On 11 March 2008, the Division bench of the Supreme Court consisting of Honourable Justices S.H. Kapadia and B. Sudershan Reddy gave the verdict. They had closely examined the report of the Inquiry of the Police Team and verified that the allegations levelled in the anonymous letter were all baseless.
On a deeper study of the matter, they ruled that High Court judges cannot treat anonymous letters containing allegations against individuals or institutions as Public Interest Litigation and order 'suo motu' investigation. The judges further noted hat "setting criminal law in motion is fraught with serious consequences, which cannot lightly be taken by the High Court...The High Court cannot direct investigation by constituting a special investigation team on the strength of anonymous petitions. The High Court cannot be converted into Station Houses."
The Court was grieved that even natural justice was not shown to the Divine Retreat Centre by the High Court as the judge instituted the police inquiry without giving an opportunity to it to explain its position. The judges noted, "No judicial order can even be passed by any Court without providing a reasonable opportunity of being heard to the person likely to be affected by such order and particularly when such order results in drastic consequences of affecting one's own reputation." Indeed, the reputation of the Centre had taken a beating as a result of the High Court order and the consequent police inquiry. The Supreme Court shares the pain of the Divine Retreat Centre and in fact of all right thinking people here. It stated, "Institution's own reputation is a priceless treasure. History teaches us that the independence of the judiciary is jeopardized when courts become embroiled in the passions of the day and assume primary responsibility to resolve the issues which are otherwise not entrusted to it."
In a tone of warning to the whole of the judiciary, the judgement declares, "There is heavy duty cast upon the constitutional courts to protect themselves from the onslaught unleashed by unscrupulous litigants masquerading as public interest litigants. The individual judges ought not to entertain communications and letters personally addressed to them and initiate action on the judicial side. The letters are required to be placed before the Chief Justice for his consideration. Each judge cannot decide for himself as to what communication should be entertained for setting the law in notion be it in Public Interest Litigation, or any jurisdiction."
The Division Bench stated, "The saving of the High Court's inherent powers, both in civil and criminal matters, is designed to achieve a salutary public purpose which is that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution." The judges further noted, "The sweeping directions issued by the Court are in the nature of ordering an inquisition against the appellant (Divine Retreat Centre) and the persons connected with it to find out as to whether they have committed any cognizable offence. Such a course is impermissible in law."
Hence the Supreme Court ruled that the High Court judge ought not to have entertained the anonymous petition and ordered the police inquiry, without first making sure that it was "not for any personal gain or private profit or of the political motivation or other oblique consideration."
The Division Bench means it is a landmark verdict - it concluded the judgment stating, "Since the question is one of general importance, we should direct the copies of this judgment should be sent to the High Courts in all the States."
"Her Vindication Goes Forth As Brightness" (Isaiah 62:1)
The Press as well as the religious and political leaders have hailed the verdict and celebrated it as the triumph of truth.
 Cardinal Varkey Vithayathil, the Major Archbishop of Ernakulam-Angamaly Archdiocese and President of the Catholic Bishop's Conference, in welcoming the verdict, said that the ruling of the Supreme Court has brought spiritual and mental solace to the faithful and to all right thinking people.
The Kerala Catholic Bishops' Conference stated, in its press release, that the Supreme Court verdict is the triumph of truth and justice. The Bishops further pointed out that it is folly to imagine that lies and false allegations would succeed for long. The verdict has helped to bring to light the true facts about the great humanitarian service carried out by the Retreat Centre bringing great peace of mind and spiritual consolation to millions especially the sick and the suffering. The verdict is welcomed as recognition of the charitable works of the Catholic Church as a whole. This press release was signed by the President of the Kerala Catholic Bishops' Conference - Archbishop Daniel Acharuparambil, Vice-President - Bishop Joshua Mar Ignathios and Secretary - Archbishop Andrews Thaznath.
Mr. K. M. Mani, the Chairman of the Kerala Congress Party stated that the verdict is a feather in the cap for the Indian Judiciary as well as a decisive recognition of the noble activities of Divine Retreat Centre by the Supreme Court.
Major Archbishop Mar Baselios Cimas Catholica Bawa, has declared the verdict has proved that however severely persecuted, the ultimate victory will be for the truth. Divine Retreat Centre which is widely respected by people of all faiths was severely maligned by certain groups with vested interests. However the verdict has vindicated the Centre before all the people.
As I pen this message of great jubilation, in the Providence of God, the heartache we endured has become the saving grace for our country - especially for those who will be oppressed mercilessly by forces unscrupulous to use the sacred judiciary system of the country for their evil designs.
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