Supreme Court quashes HC order transferring 6 Jacobite churches to Orthodox faction

New Delhi: The Supreme Court on Thursday set aside the Kerala High Court’s direction to state authorities to take over six churches from the Jacobite faction and hand them over to the Malankara Orthodox faction. The apex court expressed concerns over police intervention in religious places and remitted the matter back to the High Court for fresh consideration.

Supreme Court’s observations
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh emphasised the need for the High Court to reassess the contempt petitions related to the dispute.

“We hope the High Court finds a mechanism that does not involve police officers taking control of religious places,” Justice Kant remarked, expressing concern over law enforcement’s involvement in church affairs.

High Court to reconsider the matter
The bench clarified that it had not commented on the merits of the case and left it to the High Court to arrive at an independent decision. It also extended the interim relief granted to state officers from appearing in the contempt petitions.

Senior Advocate KK Venugopal, representing the Malankara Orthodox faction, urged the court to keep its order in abeyance, arguing that reopening the issue would create further uncertainty. However, the Supreme Court refused, stating that a fresh assessment by the High Court was necessary.

Arguments from both factions
Senior Advocate Kapil Sibal, appearing for the Kerala government, submitted sealed data regarding the population distribution of Orthodox and Jacobite communities, disputed churches, and assets under their control. However, the Supreme Court returned the data, stating it was unnecessary for resolving the current dispute.

The Malankara Orthodox faction, represented by Senior Advocates KK Venugopal and Chander Uday Singh, argued that previous Supreme Court rulings conclusively settled the dispute and required Jacobite members to surrender church administration. They also challenged the 2020 law governing burial rights.

On the other hand, Senior Advocate Shyam Divan, appearing for the Jacobite faction, contended that the Supreme Court’s rulings applied only to specific churches involved in the litigation and did not extend to others. He argued that fresh legal proceedings would be necessary to claim additional churches and that coercive court orders in religious matters should be avoided.

Background of the dispute
The case stems from the Kerala High Court’s order directing the takeover of three churches each in Ernakulam and Palakkad districts from the Jacobite faction. In December 2024, the Supreme Court found Jacobite members prima facie in contempt and directed them to transfer control of the churches while allowing them access to schools and burial grounds.

However, disputes arose over Jacobite burial rites in Orthodox church cemeteries, leading the Supreme Court to issue a status quo order on December 17, 2024. The court also sought population and asset data from the state government but later restricted its publication to prevent tensions within the communities.

The six churches involved in the dispute include St Mary’s Orthodox Church (Odakkal), St John’s Besphage Orthodox Syrian Church (Pulinthanam), St Thomas Orthodox Church (Mazhuvannoor) in Ernakulam, and S. Mary’s Orthodox Church (Mangalam Dam), St Mary’s Orthodox Syrian Church (Erickinchira), and St Thomas Orthodox Syrian Church (Cherukunnam) in Palakkad.

With the matter now remitted to the High Court, the legal battle between the Malankara Orthodox and Jacobite factions continues, with significant implications for church administration and religious governance in Kerala.
(With LiveLaw inputs.)