Kerala High Court Asks State If A Legislation Is On The Way To End Orthodox-Jacobite Church Feud

The Kerala High Court on Tuesday asked the State if it was proposing to come up with legislation to end the ongoing dispute between Orthodox and Jacobite factions regarding ownership of several Churches in the State.

A Division Bench comprising Justice A Muhamed Mustaque and Justice Sophy Thomas remarked:

"We came across certain media reports implying that Justice KT Thomas panel has proposed certain suggestions. We want to know if the government is going to act on it or prepare a Bill in this regard. If the government is planning to bring a legislation, the exercise from outside will become futile." 

This is in reference to the fact that the Kerala Law Reforms Commission chaired by retired Supreme Court Judge Justice K T Thomas had submitted a final bill to the State proposing a referendum to determine the ownership of churches and their institutions.

Advocate K.V Sohan submitted before the court that the State was considering the recommendations that Justice KT Thomas had come up with.

The Court after recording this submission posted the case for November 22.

The observation came in an appeal filed by the State challenging a Single Judge order directing the Central Reserve Police Force (CRPF), Thiruvananthapuram to take over the Kothamangalam Marthoman church, which is embroiled in the dispute between Jacobite-Orthodox factions.

The State has argued that such direction was an interference with the sovereign power of the State to control law and order situation. It is for the state and police authorities to assess the law and order situation within the state, it stated.

Significantly, the impugned direction was passed in a contempt petition after the state did not comply with the Court's direction to take control of the said church on or before 8th January 2021.

On this aspect, the State had contended that if the Court finds the action of the Collector contemptuous in a contempt proceeding, the Single Judge can only refer the matter to the Division Bench. Hence, the Single Judge's order was alleged to have violated the scheme of contempt of court proceedings.

Case Title: S. Suhas v. Fr. Thomas Paul Ramban