Church dispute: Supreme Court asks Jacobites to obey 2017 verdict, hand over churches to Orthodox faction

The Supreme Court on Tuesday made it clear that its 2017 ruling which requires the handover of certain churches in Kerala from the Jacobite faction to the rival Orthodox faction of Malankara Christians must be followed [V Venu v. St. Marys Orthodox Church (Odakkali Palli)]. .A Bench of Justices Surya Kant and Ujjal Bhuyan warned that consequences for contempt of court may follow if this is not done. "We are clear that the private petitioners (Jacobites) who moved an appeal against High Court verdict of October 17 are clearly in contempt for having willfully disobeyed decision of this Court in the 2017 case ... We direct the petitioners (Jacobites) to hand over administration of churches and submit a compliance affidavit failing which necessary consequences shall flow," the Court ordered..Pertinently, the Court also added certain conditions to the handover to allay concerns expressed by the Jacobites. The Court ordered that all public facilities built on the disputed church properties - such as schools, hospitals, burial grounds - would remain open to all regardless of faction even after the handover is completed. "You (Jacobites) give us in writing that all these common public facilities will be open to be availed by them (Orthodox faction) also ... Subject to these conditions, you hand over and submit compliance affidavit)," Justice Kant suggested.In the ensuing order, the Court directed:"The respondents, namely St. Mary's Orthodox Church and its office bearers shall also give undertaking that all public facilities in the churches compound including burial ground, hospital, school, etc. shall continue to be availed by all members of the community, including catholics, subject to such regulatory measures as may be determined by this Court.".By way of background, the Orthodox and Jacobite factions were initially part of the same church, but eventually split over differences on who the church should owe its allegiance to.Whereas the Orthodox faction pledged its allegiance to a Bishop in Kerala (Malankara Metropolitan), the Jacobite faction views the Patriarch of Antioch as its spiritual head.Disputes then cropped up over which faction is entitled to administer various churches in Kerala. This dispute eventually reached the Supreme Court. In 2017, in KS Varghese v. St. Peter's and Paul's Syrian Orthodox Church and others, the Supreme Court relied on a document drawn up in 1934 (1934 Constitution) to rule in favour of the Orthodox church on several disputed issues..However, the Orthodox church members later filed a contempt of court petition before the Kerala High Court, alleging that Jacobite parishioners were flouting the top court's directions by obstructing access to six churches.The State informed the High Court that the police were also unable to assist the Orthodox members in taking over these churches, as even elderly Jacobite parishioners, women and children had formed part of the crowd which prevented access to these churches. The State expressed concern that a law and order issue may arise if it persisted in forcing entry into these churches. .The Kerala High Court termed such conduct by the Jacobites as being a blatant disregard of court orders and ordered the District Collectors of Ernakulam and Palakkad to take possession of the six churches. On October 17, it also summoned State officers to appear personally before the High Court explain their failure in assisting the Orthodox members take possession of the churches. These developments led the parishioners of the Jacobite faction and the Kerala government to approach the Supreme Court, where the correctness of the verdict in the 2017 KS Varghese case was also questioned..The Supreme Court, however, made it clear today that possession of the six disputed churches must be handed over by the Jacobites to the Orthodox faction in line with the 2017 judgment.The Bench also noted that State interference should not ideally be resorted to while solving disputes between religious factions. Inviting State to intervene in religious matters should be the last resort, the Court said."If there is a dictum, declaration by the court it has to be respected ... but we want to say, do not invite the State in the religious structure ... If you want police to be deployed there, of course we can direct that. But do you really want that? Intervention of the State should be the last resort. When state intervenes it should come with free hand and take over everything ... We are coming to a stage where State is being invited to interfere in religious issues," Justice Kant orally observed. .The matter will be heard next on December 17. Meanwhile, an exemption earlier given by the top court in a November 25 order to the Kerala government's officers from having to appear personally before the High Court will continue.On a parting note, the Bench today also expressed hope that the pending disputes will not get in the way of either of two rival factions having a happy Christmas. "We are still very positive and confident that all of you will celebrate Christmas without (further difficulties) .. Let us see, if things go smoothly or if complications arise, we can solve before Christmas," Justice Kant said. .Senior Advocate Shyam Divan appeared for Jacobite parishioners. Senior Advocates KK Venugopal and Krishnan Venugopal appeared for the Orthodox side.Senior Advocate Ranjit Kumar appeared for the State of Kerala..[Read Live Coverage]