Bharat Mukti Morcha congratulates Francis de Tuem for
staging his konkani tiatr ‘reporter’ in Vanxim on the eve of feast of Santos
Christos. Tiatr was staged on 9th May 2015 at 9.30 pm and ended at
1.00 am on 10th May 2015 the day of the feast. The central idea of
this drama is to defend the freedom of speech and expression. The plot in the
drama is centered on Television journalist that seeks to unearth major political
scandals through investigative journalism as well as through mind boggling
interviews with political leaders of Goa constantly pushing them into tight
corner with uncomfortable probes. Issues that are dealt are mainly of
corruption, political crime in the form of contract killings and distribution
of cash for votes, use of various protest movements like the Tiracol Golf
Course, Special Status, Casinos, Opposition to Mopa airport etc for political
purposes by clear cut compromises and betrayal of the protestors at the hands
of the political leadership.
Francis de Tuem in this Tiatr demonstrates uncanny
ability to bite the tip of the mother of all the problems of India in one of
his songs that attempts to point out the special privileges of reservations in
temples held on by Brahmins discriminating against other lower castes/jatis. He
scratches the surface and leaves it at that with remarkable indents. It is
precisely because of these indents created by this song of his that this review
has been published with an adjoined note on Vanxim fraud, identical plots and
attempted compromises. The only difference is that the teeth of bamon Raj are
visibly fanged out from Bishops house in Altinho, Panjim with evidence on
record, this in addition to need to attack politicians unlike this Tiatr that
targets politicians as primary wrong doers.
Conclusion of drama though is very problematic – reporter
picking up the slipper and beating up the political culprits in the presence of
police. The message that goes out to public is not of transformation of system
but inspiration for indulging in violation, disrespect to law that too in the
very presence of law enforcers – the police? Should police encourage such
violence? Francis de Tuem must retrospect on the final message before it goes
further as teachable violence. Let no one learn to act in violent manner and
take law into their hands even if they are journalists. When this message of
violence gone into minds of people and if they act doing so they will be
directly arrested as it is unconstitutional to do so and criminal too. Should a
journalist tackling political crime through investigation and interviews turn
herself into a criminal, which could inspire audience to commit such crimes in
real life?
Vanxim experience shows us that the greatest evils and
fraud has been committed by Goa Archbishop Bamon Rt.Rev.Felipe Neri Ferrao.
Since in this tiatr ‘ Reporter’ there was no reference to Vanxim sale out to
Ozone Corporate via another bamon Mahendra Gaunekar constituting major scam we
thought it is prudent to share the short write up below. For we consider it our
prime responsibility to educate you on Vanxim the island where your drama was
staged with huge crowd (People from Divar, Malar, Narva) in full house
attendance. Francis de Tuem’s silence on Vanxim fraud sale by Archbishop of Goa
is bit suffocating for if bold and daring people like Francis de Tuem miss to
engage with Vanxim fraud then it looses important element of critical pun. It
looks as if Ozone corporate was involved in sponsoring the funds for staging of
‘Reporter’ in Vanxim so that Francis de Tuem will not report, even mention
Vanxim scam in his drama thereby committing self surrender to self-censorship.
We hope this is not the case and his omission of reference to Vanxim scam is
purely due to his ignorance of the Vanxim scandal.
Civil
law fraud
What the Archbishop of Goa Felipe Neri Ferrao held all
along namely that his Sale of Vanxim island is legally correct but morally
wrong has found to be a bluff. Evidence surfaced from section 13A of the Goa,
Daman and Diu Agricultural Tenancy Act, 1964 points towards Vanxim sale being
not only morally wrong but also legally wrong. This section was inserted in the
law by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966.
Section 13A has seven clauses and we reproduce it here in public interest so
that Goa Archbishop is asked by Tiatr practitioners, parishioners from various
parishes in the world, Catholic Bishops Conference of India (CBCI), Federation
of Asian Bishops (FABC) and the Vatican city officials headed by Pope Francis.
Fr.Francisco Caldeira too has given ill conceived, ill informed public
statements in a bid to confuse public.
Vanxim paddy fields belonged legally to Santa Monica
convent. Archbishop Ferrao effected the
sale deed through then Attorney of Patriarch of East indies Fr. Arlino de Mello
on February 11, 2006. Sale deed is
recorded at sub-registrar’s office, located in Panjim.
It is worth noting that both parties: sellers - the
Archbishop Ferrao as well as the buyer Mahendra Gaunekar – are bamons and this
is not by co-incidence. The paddy fields are tenanted land with nearly 60
tenants on it. We have already published as to how this sale deed has violated
Canon Law but will do it here again to refresh memory. Now in this posting we
are please to share text of section 13A of the Goa, Daman and Diu Agricultural
Tenancy Act, 1964 to expose how Goa Archbishop has indulged in legal violations
besides self admitted moral wrongs.
Section
13A: Tenant’s right of first purchase: - (1)
When a landlord intends to sell any land cultivated by a tenant he shall give
notice of his intention to the tenant in the prescribed manner and shall
specify the price at which the sale is to take place and call upon him to state
within 90 days of receipt of the notice whether he is willing to buy the land
at the price specified.
(2)
The tenant may within 90 days of receipt of the notice signify in the
prescribed manner his readiness to purchase the land at the price specified in
the notice and there upon a contract to purchase the land at the said price
shall be deemed to have been concluded between the landlord and the tenant.
(3)
If the tenant is willing to purchase the land but contends that the price
specified in the notice is excessive he may apply to the Collector in
prescribed manner within 30 days of receipt of notice under sub-section (1) for
determining the price whereupon the Collector shall determine the same in
prescribed manner in accordance with the principles laid down in the Land
Acquisition Act, 1894 and the price so determined by the Collector shall be deemed to be the price
specific in the notice under sub-section (1). But the tenant shall in such an
event exercise the option conferred by sub-section (2) within 60 days the
receipt of notice of the price fixed by the Collector.
(4)
If the tenant fails within the period specified in sub-section (1) to signify
his acceptance as provided in sub-section (2), the landlord shall be free to
sell the land in question to any person at a price not lower than that set out
in the notice or the price determined by the Collector under sub-section (3) as
the case may be.
(5)
Any sale by a landlord to a person other than a tenant without giving the
notice required by sub-section (1), or before the expiry of the period of the
said notice or at price lower than, that set out in the notice or the price
determined by the Collector under sub-section (3) as t he case may be, shall be
void.
(6)
Notwithstanding anything in this section, tenant who fails to avail himself of
the offer of first purchase made under sub-section (1) shall not, by reason
thereof, cease to be a tenant, but shall continue as tenant under the new owner
on the same terms and conditions as before.
(7)
Government may, subject to due appropriation being made in this behalf, grant
on such terms as may be prescribed, a loan to a tenant for the purchase of any
land in respect of which a notice ha been served upon him under sub-section
(1).
While the above is a complete section 13A that has been
violated by Goa Archbishop lets now take closer look at clauses (1) and (5)
that bear brazen violations. Santa Monica was legally bound to serve the notice
of sale stating the price. Lets look at the Clause (1) again here:
“(1) When a landlord intends to sell any land cultivated
by a tenant he shall give notice of his intention to the tenant in the
prescribed manner and shall specify the price at which the sale is to take
place and call upon him to state within 90 days of receipt of the notice
whether he is willing to buy the land at the price specified.” This clause was
violated as Archbishop sold Vanxim island in secrecy.
Then clause 5 of this section invalidates such sales. It
states “(5) Any sale by a landlord to a person other than a tenant without
giving the notice required by sub-section (1), or before the expiry of the
period of the said notice or at price lower than, that set out in the notice or
the price determined by the Collector under sub-section (3) as the case may be,
shall be void.”
Now because Archbishop sold Vanxim in secrecy it is a
legal fraud. He sold Vanxim and kept it without informing any one for three
years so that time bar for challenge in the court of law expires. This led to
around 60 cases in mamlatdar’s court, Deputy Collector’s Court, Administrative
Tribunal, Sessions Court, High Court resulting in people being forced to spend
on lawyers.
Goa Archbishop has violated this clause by selling Vanxim
paddy fields amounting to 4,85,275
square meters. On record Archbishop has received total of Rs. 55,04,150/-.
Records of sale claims land sold at the rate of Rs.20/- per square meter. The
actual amount at this rate works out to be Rs. 97,05,500/-. In
addition there are huge financial underhand transactions in this deal between
Bamons leading to eviction of the local people living on island for past many
centuries.
Mahendra Gaunekar then sold this land to corporate –
Ozone group from Chennai for Rs. 30 crores on record. Ozone group plans to set
up Golf course, Casinos, Gambling, Spa, Private marina, Luxury villas etc after
evicting all the local residents. Then the name of Vanxim island is proposed to
be changed into Ozone island. Prostitution is synonymous with golf as in
Philippines and Thailand. It is called ‘Sex tourism’. The entire village is
objecting and by no means will allow Ozone project to materialize.
Canon
Law fraud
In addition to violation of civil law relating to tenancy
Archbishop has also violated Canon Law. Vita
consecrata 82 urges members of institutes of consecrated life “to denounce
the injustices committed against so many sons and daughters of God and commit
themselves to the promotion of justice.” Who will denounce Archbishop bamon
Felipe Neri Ferrao when he himself is involved in such as massive scandal of
Vanxim sale? Today’s whisper will grow into roar of tomorrow. It is
just a matter of time that Bamon raj is torn asunder and mulnivasis attain
their liberation from bamon tyranny. Now is the time for mulnivasi catholic
priests to rise up against all the Bamani evils taking place all over Goa and
rest of India.
Now lets put Vanxim sale to the test of provisions of
Canon Law that governs the affairs of the Church. According to Canon law
1291 “the permission of the authority competent according to the norm of law is
required for the valid alienation of goods which constitute by legitimate
designation the stable patrimony of a public juridic person and whose value
exceeds the sum defined by law.”
Alienation means transfer of ownership through any of the
three means sale, gift, or exchange. In case of Vanxim sale as a method that is
used to transfer ownership to Bamon Mahendra Gaunekar by Archbishop Bamon
Felipe Felipe Neri Ferrao. He has not declared in public as to whose permission
has he taken before effecting sale deed in February 2006 neither has he
disclosed the value of the sold land in Vanxim. Was it 20 rupees or 6 rupees
per square meter?
Next canon 1292 dealing with alienation has four parts:
“(1) Without prejudice to the prescript of can. 638 (3), when the value of the
goods whose alienation is proposed falls within the minimum and maximum amounts
to be defined by the conference of bishops for its own region, the competent
authority is determined by the statutes of juridic persons if they are not
subject to the diocesan bishop; otherwise, the competent authority is the
diocesan bishop with the consent of the financial council, the college of
consultors, and those concerned. The diocesan bishop himself also needs their
consent to alienate the goods of the diocese.
(2) The permission of the Holy See is also required for
the valid alienation of goods whose value exceeds the maximum amount, goods
given to the Church by vow, or goods precious for artistic or historical
reasons.
(3) If the assets to be alienated is divisible, the parts
already alienated must be mentioned when seeking permission for the alienation;
otherwise the permission is invalid.
(4) Those who by advice or consent must take part in
alienating goods are not to offer advice or consent unless they have first been
thoroughly informed both of the economic state of the juridic person whose
goods are proposed for alienation and of previous alienations.”
It is crystal clear from the Canon Law 1924 (4) that the
prior advice, thorough information and consent of Vanxim people were necessary
before affecting the sale deed of Vanxim land in February 2006. Archbishop is
guilty of violating Canon law in this case.
Another fact comes to the fore that the crucial and most
vital decision of minimum and maximum amount of land to be sold is taken by
Catholic Bishop’s Conference of India (CBCI). What are the limits set? Who has
this information? Why Archbishop has not made this information public?
Who are members of financial council and college of
consultors that gave consent to Archbishop to sell Vanxim land? Why as
per Canon 1292 (1) Vanxim people were not consulted before the sale deed even
though their rights are to be affected in the circumstances after this sale
deed.
This violation of Canon law points towards direct involvement of
Archbishop Felipe Neri Ferrao in Bamani conspiracy against mulnivasis.
“Canon 1293 (1) The alienation of goods whose value
exceeds the defined minimum amount also requires the following:
1. A just cause, such
as urgent necessity, evident advantage, piety, charity, or some other grave
pastoral reason;
2. A written
appraisal by experts of the asset to be alienated.
(2) Other precautions prescribed by legitimate authority
are also to be observed to avoid harm to the church.
Canon 1294 (1) An asset ordinarily must not be alienated
for a price less than that indicated in the appraisal.
(2) The money received from the alienation is either to
be invested carefully for the advantage of the Church or to be expended
prudently according to the purposes of alienation.”
What was a just cause that warranted sale of
Vanxim? What was the urgent necessity that led to sale of Vanxim? What was the
evident advantage that prompted sale of Vanxim? What was the consideration of
piety that led to selling of Vanxim? What was charity that prompted sale of
Vanxim? What was the other grave pastoral reason that led to sale of Vanxim?
The official statement by Fr. Fransisco Caldeira reasons that the Vanxim was sold
to provide for maintenance of Santa Monica convent does not fit the criteria of
canon law 1293. It is not a just cause because sale of Vanxim caused injustice
on people of Vanxim. There was no evident advantage, not even financial
advantage when it was sold for Rs.6/- to Rs. 20/- per square meters when market
rate at that time was 1000 times more. So Vanxim was sold with evident
disadvantage to the diocese.
Who were the experts of Bishop that gave written
appraisal advocating sale of Vanxim? How many experts were appointed on this
task? Why their reports are not made public? Why their names are not made
public? Why Archbishop is operating in secrecy about Vanxim on violations of
Canon law? Did these experts write a grossly underestimated report?
What was the amount arrived at in appraisal report of
experts? When these written reports of experts are going to be made public?
As per canon 1294 (1) land cannot be ordinarily sold. It
is the duty of the Church to make sure that it is not going to be used for unethical
purposes such as golf tourism, casinos, sex tourism, etc. In Vanxim case entire
process of sale itself is case of fraudulency in total violation of canon law.
Vanxim sale of church land by Archbishop bamon Felipe
Neri Ferrao to another Bamon Mahendra Gaunekar is completely unethical, marred
with corruption and part of wider bamani conspiracy to make mulnivasi people of
Goa captives of bamon raj. There is no ground left to be turned in where puss
of corruption and Bamanism does not flow smoothly in the case of Vanxim sale.
Considering Vanxim experience none of other projects undertaken by Archbishop
Bamon Felipe Neri Ferrao cannot be ruled out for being done in the interest of
Bamanism and against the interest of mulnivasis.
Now the question arises as to whether Pontiff is aware of
Bamanism in Goa and India. It is not certain as to what information he has. But
it is certain that Apostolic Nuncio to India, His Excellency, the most reverend
Archbishop Salvatore Pennacchio who visited Goa on 3rd December 2011
to celebrate feast mass in Old Goa and then few months ago for the exposition
of St.Francis Xavier relics, is very well aware of caste discriminations in
India. He was present at the South Asian Symposium on Church’s Social Doctrine
in Honour of Blessed Pope John Paul II organized jointly by FABC’ office of
Human Development and CBCI’ Commission for Theology and Doctrine that took
place at St. Pius College, Goregaon, Mumbai on 14 to 16 October 2011. At this
symposium Research Scholar (Law) B.M.Leela Kumari from Aacharya Nagarjuna
University made a written submission on caste discriminations in India titled
‘the question of Dalit women today and church’s response.’ The paper includes
reference of bamani doctrine of manusmriti as well as to the speeches of Dr.
B.R.Ambedkar. This is included in a published report of this symposium edited
by Bishop Agnelo Gracias and Fr. Stephan Fernandes. It is for him (Apostolic
Nuncio, His Excellency, the Most Reverend Archbishop Salvatore Pennacchio) who
was a main celebrant of both the morning prayers as well Holy Mass at Goregaon
symposium to take the message of Bamanism practices by Goa Archbishop to the
Pontiff for greater common good of mulnivasi Christians in India.
Biblical
call to drive out evil doers
Now let us deal with the issue of what is to be done with
this Archbishop Bamon Felipe Neri Ferrao in Goa. The solution lies in 1
Corinthians 5:9-13 “In my last letter I instructed you not to associate with
immoral people. I did not mean, of course, those who do not belong to the
Church and who are immoral, greedy, embezzlers or worshippers of idols.
Otherwise you would have to leave this world. What I really meant was to avoid
and not to mingle with those who, calling themselves brothers, become immoral,
greedy, or idolators, gossipers, drunkards, or embezzlers. In which case you
should not even eat with them. It is no concern of mine to judge outsiders. But
you, are you not to judge those who are inside? Let God judge those outside,
but as for you, drive out the evil-doer from among you.”
Archbishop Bamon Felipe Neri Ferrao has not only violated
Canon Law but also civil law by selling Vanxim without giving thorough
information prior to the sale deed, and seeking their advice and consent for
sale but sold this island with underestimated written appraisals that he has
kept secret till date. Vanxim island was sold for a song and there is not an
iota of doubt in the air that Archbishop is involved in massive embezzlement
and black money. Otherwise Vanxim sale at the rate of Rs.6/- to Rs.20/- is
unexplainable. All these acts of Archbishop are evil acts and through his hard
work he has qualified himself as evil-doer. Now it is for all the mulnivasi
Christians in Goa and other parts of India to reward him as per 1 Corinthian
5:9-13; do not mingle with him, do not eat with him and drive him away.
This flows from the writings of St. Paul himself. It is
therefore becomes duty of Christians to make sure that they do not mingle with
Archbishop Bamon Felipe Neri Ferrao, Share any food at lunch, dinner and
breakfast with him, and if he is around drive him away, for this is a well
deserved reward that he has earned through sale of Vanxim in violation of Canon
Law as well as Civil law.
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