KOCHI: The Supreme Court on Thursday set aside the order of the Kerala High Court directing the state government to take possession of the six churches of the Jacobite faction and hand them over to the Malankara Orthodox faction, providing a big relief for the Jacobite Syrian Church.
The bench comprising Justice Surya Kant and Justice N Kotiswar Singh has directed the division bench of the HC to take a fresh decision on the contempt petitions in light of certain concerns that had been highlighted in Thursday's order.
Some of the issues highlighted by the SC order that might come in favour of the Jacobite faction are the ones regarding the legal impact of the Kerala Right to Burial of Corpse in Christian (Malankara Orthodox- Jacobite) Cemeteries Act 2020 on the pending contempt petitions, should the HC in a dispute relating to religious affairs direct the civil administration to take over religious place and to what extent such an intervention is desirable in the public interest and about police officers going to religious places to take them over.
According to Kuriakose Mor Theophilose, chairman of Jacobite Syrian Church Media Cell, these points raised by the SC bench have indeed come as a relief for the church. "The Orthodox faction had challenged the validity of the Cemetery Bill in the HC. But the latest SC order strengthens its validity," he added.
Some other issues that were highlighted by the SC bench were - what is the import of the decisions of this court, who are the parties who shall be bound by the dictum of this court and whether the decree which attained finality has been satisfied or fulfilled if not, which part of the decree remains unfulfilled and what remedial action in that regard is required to be taken.
The bench said, "Since we find that all the said questions require fresh consideration by the HC, we remit the matter to the division bench to decide the fate of the contempt petitions afresh after hearing all the parties concerned." The bench clarified that it has not expressed anything on merits and left it to the HC to take its own independent decision. It also clarified that the interim exception given to the state government officers from appearing in the contempt petitions would continue to exist.
As for the data regarding the population of both the communities, the churches/assets under their control and the churches under dispute, the SC said that the data was not necessary for the disposal of the present matters.
Meanwhile, the Malankara Orthodox Church welcomed the SC's decision to not consider the population data for the present matters. "We welcome the SC's stand that the census is irrelevant in the Malankara Church case. The court had directed the government to take the number of members of both sections. However, the Orthodox Church's stand was that this census would not be complete and the information would not be revealed honestly," said Youhanon Mar Diascoros, the head of the Orthodox Church's media department.
The backstory
The order was issued by the SC bench during the hearing of the petitions filed against the Kerala HC direction ordering the officials to take over the administration of three churches each in Ernakulam and Palakkad districts. On December 3, 2024, the SC, observing that the Jacobite members were prima facie in contempt, directed them to hand over the administration of the six churches. SC also asked the Malankara faction to allow the Jacobite members to use the schools and burial grounds in the church compound.
However, the Malankara faction raised objections saying that the Jacobite rituals cannot be allowed inside the burial sites. On December 17, the SC passed an order of status quo on the matter of the management and administration of the churches as they existed on the date. It further asked the state to furnish the data regarding the population preferably sub-region or panchayat-wise of both the Jacobite and Orthodox factions. The list of churches under the complete administrative control of both the sections and the list of churches where the management is under dispute and their current status of administrative control.
The High Court's order related to St.Mary's Orthodox Church, Odakkal, St.John's Besphage Orthodox Syrian Church, Pulinthanam and St.Thomas Orthodox Church, Mazhuvannoor in Ernakulam District and St.Mary's Orthodox Church, Mangalam Dam, St.Mary's Orthodox Syrian Church, Erickinchira and St.Thomas Orthodox Syrian Church, Cherukunnam in Palakkad District.