Tell judges in Kerala that they are part of India, Justice Arun Mishra comes down on Kerala High Court
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Tell judges in Kerala that they are part of India, Justice Arun Mishra comes down on Kerala High Court

Murali Krishnan

Justice Arun Mishra today made some scathing remarks against the Kerala High Court for passing orders supposedly in contravention of the Supreme Court’s orders in the Malankara Church matter.

Justice Arun Mishra went to the extent of taking the name of the High Court judge in open court. Justice Mishra thundered,

“It is a very objectionable order. Who is this judge? Tell his name loud. Let everyone know.

Who is this judge Justice […] ? What kind of judge is he?”

Stating that the order passed by the High Court was in contravention of the decision of the Supreme Court, Justice Mishra lamented at the judicial indiscipline that was developing.

“No, no, no. The High Court has no right to tinker with our decision. This is the height of judicial indiscpline. Tell your judges in Kerala they are part of India”, said Justice Mishra, making his displeasure very clear.

The remarks came during the hearing of an appeal filed by Father Isaac Mattemmel Cor Episcopa, the Vicar of St Mary’s Orthodox Syrian Church, against an order passed by the Kerala High Court on March 8 this year.

The appellant had moved the Kerala High Court praying that the respondents or any other Vicar/ Priests who are not appointed under the 1934 Malankara Church Constitution should be restrained from conducting any religious services in the respondent church or its institutions, chapels and cemetery.

The appellants had placed reliance on the Supreme Court judgment in KS Varghese v. St Peters and Pauls Syrian Orthodox Church [2017 (3) KLT 261 SC] to contend that no parallel service can be allowed in the church and only appellants are allowed to do service since they are doing it in accordance with the 1934 Malankara Church Constitution.

The respondents had submitted before the High Court that appellant faction and respondents faction take turns to do the service and this practice had been continuing in the church for a long time.

The High court after hearing both the parties had issued notice in the matter while directing that status quo should continue for a period of three weeks.

The said order of status quo was challenged before the Supreme Court today which led to the remarks by Justice Mishra.

The Supreme Court eventually set aside the order of the High Court.

Note: Bar & Bench has not mentioned the name of the High Court judge in the story though it was taken in open court by Supreme Court Bench.

[Read Kerala High Court order]

Kerala-HC-malankara-church-order-2.pdf
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