03-Dec-2024 08:20 PM
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New Delhi, Dec 3 (Reporter) The Supreme Court on Tuesday directed the Jacobite faction to hand over the administration of three churches each in Ernakulam and Palakkad districts of Kerala to the Malankara Orthodox faction.
A Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan reiterated that the 2017 ruling was final, and compliance was non-negotiable.
The Bench after finding that the members of the Jacobite Syrian Church were in contempt for "wilfully disobeying" its rulings regarding the administration of churches under the 1934 Constitution, which governs the Malankara Orthodox Syrian Church passed this order.
The Court ordered the Jacobite faction to hand over the administration of three churches each in Ernakulam and Palakkad districts of Kerala to the Malankara Orthodox faction.
The Jacobite members must submit an affidavit confirming compliance. Failure to do so will lead to contempt proceedings.
The Court directed the Malankara faction to ensure that common amenities like burial grounds, schools, and hospitals in these churches remain accessible to the Jacobite group, in accordance with the 1934 Constitution.
The ruling stems from the Supreme Court's 2017 judgment affirming the Malankara Orthodox Syrian Church’s administrative rights over certain churches.
Despite this, the Jacobite faction allegedly obstructed the implementation of the decision, prompting the Kerala High Court to issue directions on October 17 for the district authorities to enforce compliance.
Senior Advocate Shyam Divan, representing the Jacobite faction, argued that it was unfair to hand over churches developed and maintained by them to the Malankara group.
Justice Bhuyan rejected this, saying, "You are in contempt. Is it open for you to raise all these arguments?"
Justice Kant emphasized that the handover must happen first, "If you want a hearing before us, comply with the judgment, hand over the keys."
For the Malankara faction, Senior Advocate KK Venugopal agreed to allow community access to amenities but specified that this must align with the 1934 Constitution.
The Court said, “The Jacobite faction must hand over church administration and file a compliance affidavit.
The Malankara faction must provide written assurance allowing access to public facilities without requiring allegiance to the 1934 Constitution for availing such services.
The Court will review the matter on December 17 to assess compliance.
The case involves six churches in Kerala—three in Ernakulam and three in Palakkad—where tensions over control have persisted.
During the hearing, Malankara representatives alleged political interference by the State in favour of the Jacobite faction.
Justice Kant remarked that State intervention in religious matters should be a last resort and expressed hope for a peaceful resolution before Christmas, "We are hopeful all of you will celebrate Christmas without any problem," he said...////...