SC orders Jacobite faction to hand over six churches to Orthodox group; warns of contempt proceedings

The Orthodox faction argued that the state government was supporting the Jacobites on political grounds.
Supreme Court of India.
Supreme Court of India.(File Photo)
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KOCHI: The Supreme Court on Tuesday directed the Jacobite faction of the Malankara Church to hand over six churches — three each in Ernakulam and Palakkad — to the Orthodox group and file an affidavit in this regard. Failure to comply would result in the initiation of contempt proceedings, the top court warned.

The order pertains to the Odakkal St Mary’s Orthodox Church, Pulinthanam St John’s Besphage Orthodox Church and Mazhuvannoor St Thomas Orthodox Church in Ernakulam, and Mangalam Dam St Mary’s Orthodox Church, Erickinchira St Mary’s Orthodox Syrian Church and Cherukunnam St Thomas Orthodox Syrian Church in Palakkad.

A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan issued the order while hearing a batch of special leave petitions filed by officials of the state government, Kerala Police and some Jacobite faction members against a Kerala High Court order issued on October 17 directing the district collectors of Palakkad and Ernakulam to take possession of the six churches. 

‘Government backing Jacobites on political grounds’

While posting the matter for further consideration on December 17, the apex court directed the Malankara Orthodox faction to ensure that common amenities in these churches such as cemeteries, schools, hospitals and other can be enjoyed by the Jacobite faction in conformity with the 1934 Constitution.

At the hearing, the SC bench observed that the Jacobite Church was in contempt for ‘wilfully disobeying’ the judgements regarding the handing over of the churches to the Malankara Orthodox faction as per the 1934 Constitution.

The Orthodox faction argued that the state government was supporting the Jacobites on political grounds. At the hearing, the bench said there already existed a judgment by the SC in 2017 conclusively determining the issues and the only problem that existed was its implementation.

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