Supreme Court orders transfer of 6 Kerala churches to Orthodox faction
The court directed Jacobite church members to hand over control of six churches to the Malankara faction and to submit compliance affidavits.
The court directed Jacobite church members to hand over control of six churches to the Malankara faction and to submit compliance affidavits.
The court directed Jacobite church members to hand over control of six churches to the Malankara faction and to submit compliance affidavits.
New Delhi: The Supreme Court on Tuesday observed that members of the Jacobite Syrian Church are in contempt for "wilfully disobeying" judgments regarding the transfer of church administration to the Malankara Orthodox Syrian Church under the 1934 Constitution.
The court directed members of the Jacobite Church to hand over control of six churches—three each in Ernakulam and Palakkad districts—to the Orthodox faction and to submit compliance affidavits. Failure to comply will result in contempt proceedings, the court said.
The churches involved are St John's Besfage Jacobite Syrian Church at Pulinthanam, St Mary's Church at Odakkali and St Thomas Church at Mazhuvannoor under the Angamaly diocese, St Mary's Church at Mangalamdam, St Mary's Church at Erukumchira, and St Thomas Church at Cherukunnam under the Thrissur diocese.
The bench, comprising Justice Surya Kant and Justice Ujjal Bhuyan, also instructed the Orthodox group to ensure that public amenities in these churches, such as burial grounds, schools, and hospitals, remain accessible to Jacobite members in accordance with the 1934 Constitution. The matter has been scheduled for further hearing on December 17.
HC order sparks contempt proceedings
The Supreme Court's directive came while hearing Special Leave Petitions (SLPs) filed by Kerala Government officials, Kerala Police, and members of the Jacobite Church. These SLPs challenged the Kerala High Court’s October 17 order directing district collectors in Ernakulam and Palakkad to take possession of the six churches controlled by the Jacobite faction.
The High Court passed its order under contempt jurisdiction after the Orthodox faction alleged obstruction in implementing the Supreme Court's 2017 judgment, which upheld their administrative rights over the churches.
Compliance first, arguments later
During the hearing, the bench reminded the Jacobite group of the 2017 Supreme Court ruling, which conclusively determined the issues. Justice Bhuyan noted that further arguments were irrelevant unless compliance with the judgment was ensured.
Justice Kant emphasised the need for the Jacobite faction to hand over the administration of the churches before raising further contentions. "Hand over the keys first," he said, adding that public amenities, including burial grounds, must remain accessible to all factions.
The court directed the Orthodox faction to submit a written undertaking ensuring access to shared facilities for all community members without requiring allegiance to the 1934 Constitution. Senior Advocate CU Singh, representing the Orthodox faction, stated that services must align with the constitution to prevent conflicts.
The court set a two-week deadline for compliance and maintained exemptions granted to Kerala government officers in earlier proceedings. The matter will be revisited on December 17 to assess progress. The court expressed hope for a smooth resolution before Christmas, with Justice Kant remarking, "We are hopeful all of you will celebrate Christmas without any problems."
(With LiveLaw inputs.)