Factionalism in Malankara Church cannot be condoned; church should be abode of god: Kerala High Court

The Kerala High Court recently called on the clashing Orthodox and Jacobite factions in the State to abide by the 1934 Constitution of Malankara church and the clear directions issued by the Supreme Court to resolve the dispute between them..Single judge Justice Devan Ramachandran declared that members of the two erstwhile factions have to accept that the litigative history with respect to the church has ended with the judgement of the Supreme Court in KS Varghese v.St. Peters & St. Pauls Syrian Orthodox Church & Ors."This is not mere hortative hope that is being made by this court but it is the imperative need on account KS Varghese because from the time of the said judgement onwards, factionalism in the Malankara church cannot be in any manner countenanced on condoned," the Court declared..The Court also made "a fervent call to all the people who matter on both sides of this divide to abide by KS Varghese and by the 1934 constitution and permit the churches to function as abodes of god rather than places of war as some of them have now virtually been reduced to.".The Court expressed its appreciation for the deliberations of the bar because both sides agreed that the 1934 constitution applies in its full force and that all the parishes are to abide by the same.Pertinently, the Court recorded in its order, the submission of some of the counsel that "a meeting of the of the of the person who matter with respect to an earlier factions, the Jacobite faction, has already been called on October 15, 2021 and that they're trying to find out means as to how the 1934 Constitution can be implemented without any further bitterness or strife." Justice Ramachandran said that this is a much welcome step in light of his earlier directions when he had said that the continuance of the “dispute” can only help the vested interests and not the real devotees on either side..The Court also recorded upfront that even though it finds no pleasure in sending any police into any church for the implementation of said judgement, it would not shy away from doing the same if pushed to it. "I have to caution both sides that if the recalcitrance and belligerence to abide by the judgement continues, this Court will not shy away from enforcing its constitutional obligations of even using the police force to ensure that the 1934 constitution is properly implemented in the various constituent churches of the Malankara Syrian Orthodox Church," the judgment said..The Court issued the order on several pleas seeking police protection in a number of cases involving churches belonging to the Malankara Orthodox Church, including the St. Mary's Orthodox Syrian ChurchThe State has witnessed prolonged clashes between the Orthodox and Jacobite factions despite clear directions from the Supreme Court to solve the dispute..By way of background, the Supreme Court had, in 1995, held that a Constitution that was approved in 1934 at a meeting convened by the Malankara Association, was valid. It was also held that the Malankara Church is episcopal in character to the extent it is so declared in the 1934 Constitution, and that the Constitution fully governs the affairs of the parish churches.Then in 2017, a Supreme Court Bench headed by Justice Arun Mishra passed a judgment in KS Varghese v.St. Peters & St. Pauls Syrian Orthodox Church & Ors. Here, it was held that the 1995 judgment was binding and operates as res judicata. It further held that it was not permissible to create a parallel system of management in the churches under the guise of spiritual supremacy of the Patriarch..In 2019, the Kerala High Court began hearing a petition seeking to restrain Vicars/Priests who are not appointed as per the 1934 Constitution from conducting religious services at St. Mary’s Orthodox Syrian Church run by the Malankara Orthodox Syrian ChurchThe High Court, while allowing the respondent patriarch faction to file a counter statement, effectively allowed the patriarch faction to conduct religious services in the Church as a temporary measure. This order was then challenged before the Supreme Court.In an order passed on September 6, the Supreme Court did not take kindly to the High Court passing an order in a matter that has been settled by its 2017 order and restrained the Kerala High Court as well as all the civil courts in the State from passing any orders in violation of KS Varghese.At the hearing this week, Additional Advocate General Ashok M Cherian submitted that the State affirms by KS Varghese and takes the view that only the vicar and the clergy appointed thereunder can be allowed to lead services and manage the churches. He submitted that it is on account of the COVID 19 pandemic situation and its consequent disruptions that police have not been in a position to afford effective protection to all the churches.He therefore, requested that the Court grants them enough space to decide to work on the modus operandi on implementing KS Varghese on a step to step basis..Counsel appearing for the respondents accepted that the various constituent churches of the Malankara Orthodox Syrian Church can only be governed by the 1934 constitution.However, they apprehended that even if they abide by KS Varghese implicitly, the petitioners and persons owing allegiance to them, might be be anxious only to grab the church and oust anyone who is not of their choice..Senior Advocate S Sreekumar, appearing for the petitioners, however claimed that they have no intention of keeping away any of the parishioners away from the management of the churches, saying that their clients are also, equally if not more, obliged by the 1934 Constitution..Advocates appearing for some of the impleading petitioners in these cases had a different take saying that KS Varghese does not lay down the right law and its only the constitutional judgement of the Supreme Court in the Samudayam Suit that can obtain any primacyNone of the Supreme Court judgments relating to the Malankara Church can be given the benefit of being precedents nor can the declarations operate as res judicata or binding procedures under the concept of stare decisis (stand by decided cases), they added."In other words, what Mr Mathew Nedumbara intended to say in my assessment of the long winding arguments that he made, was that notwithstanding KS Varghese, individual parishes or their members can still maintain suits with respect to its internal management and affairs of ecclesiastical and temporal issues," the Court recorded in its order..The Court noted that various counsel appearing on both sides have reiterated that persons at the helm in both erstwhile factions have begun taking steps to ensure peace among everyone and adjourned the matter to October 26, 2021Until then, the Court directed the Superintendent of Police to ensure that the areas where the constituent churches are situated are kept away from violation of law and order by any person and that the property of the churches are sufficiently protected..[Read Order]