Kerala an Indian territory, all concerned bound to act in aid of Supreme Court [Read order]

The Supreme Court has deprecated the Kerala High Court for passing an order that flies in the face of its judgment passed in 2017. The Bench of Justices Arun Mishra and MR Shah has held,.“Kerala being Indian Territory all concerned are bound to act accordingly. We have intended peace to come in Church but due to such orders passed in contravention of law laid down by this Court law can never be obeyed. This amount to a violation of judgment and order. The High Court has passed an interim order in violation of the judgments and orders passed by this Court. We are not able to understand what kind of judicial discipline is reflected while passing the impugned order, which should not have been passed at all…”.As reported earlier, Justice Arun Mishra made some scathing remarks against the Kerala High Court for passing orders in contravention of the Supreme Court’s orders in the Malankara Church matter..Justice Mishra had even gone to the extent of taking the name of the High Court judge in open court..“It is a very objectionable order. Who is this judge? Tell his name loud. Let everyone know..Who is this judge Justice […] ? What kind of judge is he?”.The order passed that same day – which has now been made available on the Supreme Court website – echoes the sentiments expressed by the Bench, albeit in a slightly less outrageous fashion..By way of brief background, the Supreme Court had, in 1995, held that a Constitution that was approved in 1934 at a meeting convened by the Malankara Association, was valid. It was also held that the Malankara Church is episcopal in character to the extent it is so declared in the 1934 Constitution, and that the Constitution fully governs the affairs of the parish churches..Then in 2017, a Supreme Court Bench headed by Justice Arun Mishra passed a judgment in KS Varghese v.St. Peters & St. Pauls Syrian Orthodox Church & Ors. Here, it was held that the 1995 judgment was binding and operates as res judicata. It further held that it was not permissible to create a parallel system of management in the churches under the guise of spiritual supremacy of the Patriarch..The Kerala High Court earlier this year began hearing a petition seeking to restrain Vicars/Priests who are not appointed as per the 1934 Constitution from conducting religious services at St. Mary’s Orthodox Syrian Church in Kadanadu, Kerala (run by the Malankara Orthodox Syrian Church). .The High Court, while allowing the respondent patriarch faction to file a counter statement, effectively allowed the patriarch faction to conduct religious services in the Church as a temporary measure. This order was then challenged before the Supreme Court..In its order passed on September 6, the Supreme Court did not take kindly to the High Court passing an order in a matter that has been settled by its 2017 order. It held,.“The High Court has no right to tinker with the judgment and order passed by this Court which is binding and the judicial propriety has to be maintained at all costs. There is no scope for further litigation in the matter which we have concluded. We direct the Courts to decide all pending matters following the aforesaid decision which has been affirmed thereafter by umpteen number of times.”.Therefore, the Court restrained the Kerala High Court as well as all the civil courts in the state from passing any orders in violation of KS Varghese. The Bench also warned:.“It is made clear to all concerned more so, to the Courts that in future the violation of judgment and order to be viewed seriously. Let similar matters which are pending be decided following aforesaid judgment and order. There can be no further litigation as the decision in representative suit is binding.”.The Court has also directed the Registrar General of the High Court to circulate copies of this order to all courts in Kerala. The Registrar General is also required to submit a report on how many similar cases are pending in courts..[Read order]