KOCHI: In a relief for the Jacobite Church, a division bench of the Kerala High Court on Tuesday set aside a single judge’s order directing the district collectors of Ernakulam and Palakkad to take possession of six churches caught in the ongoing dispute between the Orthodox and Jacobite factions. These churches are currently under the possession of the Jacobite Church.
The bench observed that no court has the power to order the takeover of physical possession of religious institutions in disputes between denominational factions.
The single judge had on August 30, 2024, directed the Ernakulam collector to take possession of St Mary’s Orthodox Church, Odakkali; St John’s Besphage Orthodox Syrian Church, Pulinthanam, and St Thomas Orthodox Syrian Church, Mazhuvannoor. The court had also directed the Palakkad collector to take possession of St Mary’s Church, Mangalam Dam; St Thomas Syrian Church, Erickinchira; and St Thomas Syrian Church, Cherukunnam.
The division bench comprising Justice Anil K Narendran and Justice Muralee Krishna S issued the order while allowing a batch of appeals filed by the government and the Jacobite faction challenging the single judge’s order.
The single judge’s order was issued on a contempt petition filed by the Orthodox Church. Subsequently, the state filed an appeal before the Supreme Court, stating that the HC’s directive to the district collectors to take possession of the churches was beyond its contempt jurisdiction.
Jacobite Church welcomes division bench ruling, hailed as brief relief
The Supreme Court intervened in the matter and remitted it to the division bench of the HC, directing it to decide the controversy afresh after hearing all the parties concerned.
During the hearing before the division bench, the appellants — state government and the Jacobite faction — contended that the directions issued in the contempt cases were legally impermissible. They argued that no court, including constitutional courts, has the authority to order the takeover of physical possession of religious institutions in disputes between denominational factions.
They further submitted that the single judge had exceeded jurisdiction, as a court cannot issue directives to implement a judgment while dealing with a petition under the Contempt of Courts Act.
The bench observed that such directives to district collectors could not have been issued in contempt proceedings. “It is for the single judge to proceed with the contempt cases, taking note of the law laid down by the court,” it said.
Regarding the burial of a corpse, the bench noted that the state has a duty to ensure a decent burial, rooted in the right to dignity and fair treatment even after death. This right, derived from Article 21 of the Constitution, extends to ensuring the dignified disposal of bodies, including burial or cremation according to religious customs, the court said.
Meanwhile, the Jacobite Church has welcomed the division bench’s ruling setting aside the single judge’s order. However, the Catholicos of Jacobite Syrian Orthodox Church Baselios Joseph said this is a brief relief. “What we want is a solution that would end this strife forever.
We don’t want anything that we don’t deserve. However, we will also not surrender any of our churches. We want a peaceful resolution to the issue, one that ensures a peaceful coexistence as sister Churches,” he said.
The catholicos said the Church doesn’t want the legacy of court cases to be handed down to the coming generations. “Let that not be our legacy. But, it should be understood that if the Orthodox Church is determined to take the route of litigation, we will also reply in kind,” he said. Meanwhile, the members of the Church celebrated the ruling with many taking to the social media to express their delight.
