Orthodox-Jacobite dispute: Kerala HC sets aside order directing Collectors to take possession of 6 churches

The Kerala High Court on Tuesday set aside a single judge order directing the District Collectors to take possession of six churches caught in a long-running dispute between the Jacobite and Orthodox factions of Malankara Christians [Fr KK Mathews v Rev Fr CK Issac Cor Episcopa & ors and connected cases].A Division Bench of Justices Anil K Narendran and Muralee Krishna S held that the Court could not have directed the local authorities to take control over the churches. The role of the High Court was limited to ensuring law and order, including by ordering police protection, the Division Bench added."In a dispute relating to the religious affairs of a Church, which is a Parish Church governed by the 1934 Constitution, the High Court cannot direct the Civil Administration to take over possession of the Church. In appropriate cases, when repeated disobedience of the decree passed by the competent court has resulted in a law and order situation, the High Court, being the constitutional court, can render justice by granting police protection to ensure that there are no law and order issues in the conduct of religious services and other affairs in the said Church, in accordance with the 1934 Constitution," the Court's judgment said. .It, therefore, set aside the August 30, 2024 order passed by a single-judge for the Ernakulam and Palakkad District Collectors to takeover the six churches. The said single-judge order had been passed on contempt of court petitions filed by Orthodox vicars. These vicars had accused the Jacobites of flouting court orders to allow Orthodox members to enter the churches and offer prayer services. By yesterday's judgment, the Court has left it to the single-judge to decide how to proceed further in the contempt case, albeit while bearing in mind the principles laid down in the Division Bench ruling. "It is for the learned Single Judge to proceed with the contempt cases, taking note of the law laid down by this Court in this judgment," the Court said..The matter is tied to a historical rivalry between the Orthodox and Jacobite factions of Malankara Christians, centering on administrative control over several churches.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. In 2017, the Supreme Court in KS Varghese v St Peter's and Paul's Syrian Orthodox Church and others upheld a 1934 Constitution recognizing the Orthodox faction's authority over church administration.The Orthodox faction, however, claimed that the implementation of this judgment has been inconsistent, leading to ongoing conflicts..In 2022, the Kerala High Court permitted Orthodox members to conduct prayer services in specific disputed churches.However, efforts by the State to enforce this order were met with resistance, with Jacobite parishioners blocking entry to the church premises. The State said that any further intervention may lead to a loss of lives.This led a single-judge Bench to pass an order on August 30, 2024, directing District Collectors to take over the possession of six churches caught up in the dispute.This order was challenged by both the State and Jacobite factions. After a Division Bench of the High Court dismissed these appeals, the matter again reached Supreme Court. The top court remitted the matter back to the High Court for fresh consideration.By the latest ruling, the Division Bench of the High Court has set aside the directive for Collectors to take possession of the churches..The judgment also deals with several other connected issues, including the scope of the Supreme Court's 2017 judgment in the KS Varghese case.The Court clarified that while the legal principles of the judgement applied broadly, the actual decree in that matter was limited to the specific churches involved in the case. This meant that the 2017 ruling could not automatically be enforced universally to other churches."In KS Varghese, the interests represented by the plaintiffs and defendants ... relate to the disputes in the management of Kolenchery Church, Varikoli Church and Mannathoor Church ... the Parishioners of the respective Churches alone are bound by the decree passed by the Apex Court in the said decisions. Though the law laid down by the Apex Court in the said decision, shall apply in the resolution of disputes relating to the management of Parish Churches governed by the 1934 Constitution, it cannot be contended that the decree in the said suits applies to all constituent Parish Churches of Malankara Orthodox Syrian Church," the judgment reads..The Court also declined to rule on the legal effect of the Kerala Right to Burial of Corpses in Christian (Malankara Orthodox–Jacobite) Cemeteries Act, 2020. The said law was introduced to govern the burial of corpses and funeral services of Christians belonging to Malankara Orthodox-Jacobite denominations. In yesterday's judgment, the High Court refrained from examining its ramifications, after noting that the Act's constitutional validity was already under challenge by way of a separate pending petition..The Orthodox faction was represented by Senior counsel S Sreekumar, assisted by advocates Roshan D Alexander, Tina Alex Thomas, and Harimohan.Senior counsel K Ramakumar, and advocates Saji Varghese and Sajan Varghese are among the counsel who represented Jacobite members.Additional Advocate General Ashok M Cherian appeared for the State..[Read Judgment]