New Delhi | The Supreme Court on Tuesday directed the Jacobite Syrian Church to hand over the administration of six churches in Kerala to the Malankara Orthodox Syrian Church faction saying they were in contempt of its 2017 judgement.
A bench of Justices Surya Kant and Ujjal Bhuyan observed that the members of the Jacobite Syrian Church were in contempt for "wilfully disobeying" the 2017 judgment.
The verdict was over the dispute between the two factions, wherein the top court held that 1,100 parishes and their churches under the Malankara Church should be controlled by the Orthodox faction, in accordance with the 1934 Malankara Church guidelines.
Jacobite church followers have been accused of preventing access to the Orthodox faction, despite orders from both the Kerala High Court and the Supreme Court.
It directed the Jacobite faction to hand over the administration of three churches each in Ernakulam and Palakkad districts to the Malankara faction and file an affidavit to that effect.
"Failure to do so will result in initiation of contempt proceedings", the bench warned.
The bench, however, asked the Malankara faction to ensure the common amenities in these churches such as burial grounds, schools, hospitals, etc., can be enjoyed by the Jacobite faction as well in conformity with the 1934 Constitution.
It posted these matters on December 17.
The top court passed the direction on the appeal filed against an order of the high court which directed the district collectors of Palakkad and Ernakulam to take possession of six churches under the control of the Jacobite faction.
During the hearing, the bench said that the top court in 2017 conclusively determined the issues and the only thing remaining was the implementation of the directions.
Senior advocate Shyam Divan, appearing for the Jacobite faction, said the churches were developed and maintained by his clients and the opposite party (Malankara faction) couldn't simply walk into the church and hand over the administration.
Justice Kant said, "You are in contempt. You have to follow the directions issued in 2017. Now, it is not open for you to raise all these arguments."
The bench told Divan, "We are only concerned with the administration of churches as per the 1934 Constitution. If you want a hearing before us, first comply with the judgment, hand over the keys."
Justice Kant asked the Malankara faction to give an undertaking that it would allow the use of amenities like burial grounds to the Jacobite faction.
"You give us in writing, as far as burial grounds are concerned, schools, hospitals, all those should be open to everyone. That part you have to take care of. You give us in writing all these common public facilities will be open to their use," the bench said.
Senior advocates K K Venugopal, C U Singh and Krishnan Venugopal, who appeared for the Malankara Orthodox faction said that availing of such services should be in conformity with the 1934 Constitution.
The bench noted in its order that the members of Jacobite factions were undoubtedly in contempt for having wilfully disobeyed the decisions of this court in K S Varghese v. St Peter's & Paul's Syrian Church (2017 verdict) and St Marys' Orthodox Church (2020) to the extent it pertained to the entrustment of administration of the Churches as per 1934 Constitution.
"Consequently, we direct these petitioners to hand over the administration (of the churches) and submit a compliance affidavit failing which necessary consequences shall follow," it ordered.
It directed the respondents (Malankara orthodox faction) to also give an undertaking in writing to the effect that all public facilities in the church's compound including burial grounds, schools, hospitals, etc., shall continue to be availed by all members of the community including Catholics in conformity with the 1934 Constitution but without insisting for the pledge of allegiance to that Constitution for availing such services and subject to the directions as may be issued by the top court from time to time.
Senior advocate Ranjit Kumar, appearing for the Kerala government, sought the hearing after Christmas.
The bench said, "We are hopeful all of you will celebrate Christmas without any problem. Let us see if things go smoothly so that we can resolve before Christmas."
On October 21, the high court issued summons to state authorities, including the chief secretary and the state police chief, for non-compliance of the previous directive to take possession of six churches involved in the dispute.
The high court ordered the state's top officials to appear before it for the framing of charges for contempt of court in the case.
The court issued the order in a case wherein it directed the state government to take the possession of six churches, currently under the control of the Jacobite faction. The government, however, was stated to have not implemented the order, citing law and order issues.
State authorities informed the court that a large group of Jacobite parishioners were blocking entry to the churches despite its genuine efforts to implement the court's orders.
