Kerala High Court summons collectors, Chief Secretary, police for failing to take possession of 6 churches

The Kerala High Court on Monday passed an order summoning State authorities over their failure to comply with an order to take possession of six churches caught in a Jacobite-Orthodox Christian dispute [Fr KK Mathews v Rev Fr CK Issac Cor Episcopa and connected cases].

Justice VG Arun directed the State's Chief Secretary, the district collectors of Ernakulam and Palakkad and the concerned senior police officials (respondents) to personally appear before the Court on November 8 when it is slated to frame charges for contempt of court.

"All respondents shall personally be present before the court for framing of charges on 8.11.2024 at 10.15 AM," the Court ordered.

The matter is linked to an age-old rivalry between the Orthodox and Jacobite factions of Malankara Christians. The legal battles between the two groups primarily concern administrative rights over numerous churches in Kerala.

In 2017, the Supreme Court, in the case of KS Varghese v. St. Peter’s and Paul’s Syrian Orthodox Church, ruled in favour of the Orthodox faction, citing a 1934 Constitution that outlined the governance of the Malankara Church.

However, the Orthodox faction has claimed that this judgment has not been enforced effectively. On a petition raising one such complaint, the High Court passed an order in 2022 directing that Orthodox members should be allowed to perform religious services in certain disputed churches.

However, the Jacobite parishioners obstructed access to these churches prompting the Orthodox members to approach the High Court again for relief.

The State authorities informed the Court that a large group of Jacobite parishioners including elderly men, women and children were obstructing entry to the church.

The State said that it had made sincere efforts to implement the Court's directives but had been forced to withdraw due to massive agitation by Jacobites. Further State intervention may lead to a loss of lives, the Court was told.

After considering these submissions, Justice Arun condemned such blatant disregard of the Court's 2022 orders. Therefore, in August this year, the judge ordered the district collectors of Ernakulam and Palakkad to take possession of six churches where the Jacobite parishioners were causing disruption.

This order was recently challenged by both the State and Jacobite Christians, who contested the single-judge’s authority to issue such orders in a contempt case.

However, these appeals were dismissed by a Division Bench which observed that the single-judge’s order was a necessary measure to enforce compliance with the Court’s prior directives.

The contempt case before the single-judge has been posted next for framing of charges on November 8.

Senior Advocate S Sreekumar assisted by advocates Roshan D Alexander, Tina Alex Thomas, Harimohan and Kochurani James appeared on behalf of the Orthodox members who filed the contempt petition

Senior Advocate K Ramkumar, advocates Saji Varghese and Sajan Varghese represented Jacobite members.

Additional Advocate General Ashok M Cherian appeared for the State.