KOCHI: Cardinal Mar George Alencherry, Major Archbishop of the Syro-Malabar Church submitted before the Kerala High Court that neither the state government nor its chief secretary has any legal obligation to act as mediators in disputes regarding unified holy mass.
The High Court should not compel the state or its chief secretary to initiate a mediation process in an issue relating to religious matters.
However, the Syro-Malabar Church has no objection to any action taken by the government to maintain law and order. But under the pretext of solving the law and order problem the decision taken by the synod and approved by the Pope in a religious matter cannot be made the subject of negotiation or mediation, Alencherry stated.
In the matter of rituals, even the jurisdiction of a civil court was barred under section 9 of the Code of Civil Procedure, 1908, he stated.
The affidavit was filed in response to a petition filed by Antony Joseph and Tomy Joseph of Kochi seeking a directive to the state government to intervene in the dispute over the introduction of unified mass in the Church.
The affidavit stated that the writ petition is not maintainable. The holy mass is the greatest and most sacred prayer of the Christian faithful. Thus, the laws of worship, especially the mode of worship should be strictly according to liturgical books.
The liturgy and religious ceremonies related to holy mass are exclusively within the domain of the competent spiritual hierarchy of the Syro-Malabar Church. The synod of bishops had taken a decision on the matter. The essential religious practices of a particular religious denomination should be left to that sect itself.
The executive power of the state does not extend beyond the legislative competence of the state. He pointed out that the decision of the synod on the celebration of the holy mass was implemented in 34 of the 35 dioceses.