Meeting of Synod of Church of Pakistan challenged in SHC. By: Julius Danish
02 Dec 2004
As expected the meeting of the Bishops held on 30th October proved cosmetic and failed to resolve the core issues of the Church of Pakistan.
This failure has further frustrated the situation resulting in filing of an application (bearing CMA no. 8058/2004 in Suit no. 970/2003) in the High Court of Sindh at Karachi under the provision of Contempt of Court Act against the Bishops entered in the agreement dated 30th October 2004 against the law which tantamount to Contempt of Court as the issues of the Church are pending before the Courts of Law and holding of any meeting before the settlement of the issues by the Honorable Court amounts to warrant interference in the proceedings of the Court of Law. It may be pointed out that a Status Quo is already prevailing in the High Court and the new set up aims to upset the Status Quo passed by the Honorable High Court of Sindh at Karachi.
Since the Contempt of Court further intensifies the Courts hand on the contemnors it is likely that some solid findings shall emerge during the proceedings of this important case.
It will be interesting for the readers to note that the sale of illegal properties and other unconstitutional actions by the so called Synod cannot be undone, the foremost of which is the appointment of illegal Bishops in Karachi and Hyderabad.
The illegal and unconstitutional stay of Bishop Mano R. Shah in the Diocese of Peshawar will not be easy to defend.
During this time Bishop Alexander John Malik registered his Diocese (as an independent Church) with a constitution of his own convenience with the Registrar Joint Stock Companies, Lahore. This constitution is against the Constitution of the Church of Pakistan in letter and spirit and is violative of the Constitution of the Church of Pakistan under the provision of which Bishop Alexander John Malik was elected as Bishop of Lahore. It is clear from record that Bishop Malik did not get the approval of his Diocesan Executive Committee or the Council for this action. Even if he according to his normal practice tempers the records, in order to save his skin, he is no more eligible to be a part and parcel of the Church of Pakistan and can be prosecuted for breach of trust in the Court of law. Same practice was done by him in the case of LDTA when in 1985 he changed the Constitution and Articles of Association to facilitate the sale of properties of this Trust. Please note that the Trust Property cannot be sold in Pakistan according to the existing Law. He and Bishop Samuel Pervaiz will fell victim to this law in due course of time.
In the mean time the Western Partners are protecting this group led by Bishop Malik more vigorously by the office of the Archbishop. This may lead to a big rally in protest when he visits Pakistan next year in November 2005. His office has been asked time and again in vain to stop siding with one faction of the so called Church of Pakistan. His predecessor has given the Church of Pakistan a long time headache which the present Archbishop does not try to heal.
Even in the Governmental circles of Pakistan the illegal actions of Bishop Alexander John Malik have drawn the attention of the high ups and it is likely that high level inquiries will dig the substance out of hidden corruption.