Expressing its strong displeasure over the Jacobite Syrian Church wilfully ‘disobeying’ the judgments regarding the administration of six Churches in Kerala, the Supreme Court on Tuesday directed the faction to hand over the Churches to the Malankara Orthodox Syrian Church.
The Bench of Justice Surya Kant and Justice Ujjal Bhuyan ordered the members of the Jacobite church to hand over the administration of three churches each in Ernakulam and Palakkad districts in Kerala to the Malankara faction and file an affidavit to that effect.
The Apex Court warned the Jacobite Church members that in case it did not comply with the Court orders, contempt proceedings would be initiated against it.
The Bench further directed the Malankara faction to give it in writing that the use of amenities in these Churches like burial grounds, schools, and hospitals could be used by the Jacobite faction in conformity with the 1934 Constitution.
The top court of the country passed the order in a batch of Special Leave Petitions filed by the officials of the Kerala Government, Kerala Police, and also certain members of the Jacobite Church against a judgment delivered by the Kerala High Court to the District Collectors of Palakkad and Ernakulam to take possession of six churches under the control of the Jacobite faction.
On October 17 this year, the High Court had passed the order in exercise of its contempt jurisdiction after the Malankara faction complained that the Jacobite faction was obstructing the implementation of the Supreme Court’s judgment recognising their rights, while the State authorities were not taking any action.
The Apex Court noted that a verdict had been delivered in 2017, conclusively determining the issues. It said the only issue remaining was the implementation of the judgment.
Appearing for the Jacobite group, Senior Advocate Shyam Divan argued that a rival faction could not simply walk into a Church, which was developed and maintained by the other group.
The Bench said that it was only concerned with the administration of Churches as per the 1934 Constitution. If the petitioner sought a hearing before the Court, it should comply with the previous judgment and hand over the keys.
The top court of the country further directed the Malankara group to ensure that common public facilities would be open for the Jacobite Church members.
Appearing for the Malankara Orthodox faction, Senior Advocate CU Singh submitted that availing of such services should be in conformity with the 1934 Constitution, otherwise the other group would insist that their priests can do the services.
The Apex Court listed the matter for further hearing on December 17.
Representing the State of Kerala, Senior Advocate Ranjit Kumar submitted that some of the issues raised in the Sabarimala reference pending before the nine-judge bench may arise in the present case as well.
Senior Advocate KK Venugopal, also appearing for the Malankara Orthodox faction, termed the submission a ‘red-herring’ argument.
Kumar requested that the matter be kept on January 3, after Christmas time.
The Apex Court refused to accept the request and said it would like to see how the situation progressed.
The verdict concerned the St.Mary’s Orthodox Church, Odakkal; St.John’s Besphage Orthodox Syrian Church, Pulinthanam and St.Thomas Orthodox Church, Mazhuvannoor in Ernakulam District and St.Mary’s Orthodox Church, Mangalam Dam; St.Mary’s Orthodox Syrian Church, Erickinchira and St.Thomas Orthodox Syrian Church, Cherukunnam in Palakkad District.
The Malankara faction alleged that the State was supporting the Jacobite faction on political grounds.
The Bench remarked that the intervention by the State in religious affairs should be the last resort.
Krishanan Venugopal responded by saying that the State was intervening on political grounds. KK Venugopal submitted that the Jacobite faction has been in contempt for a long time.