Kerala Church Dispute: No Court Should Entertain Any Matter Covered By KS Varghese Judgment Which Is Binding On All Concerned: SC [Read Order]

The Supreme Court on Monday, made a brief but important observation while dismissing a special leave petition related to Kerala Church Dispute case. The bench comprising Justice Arun Mishra and Justice Navin Sinha observed that the Supreme Court judgment in K.S. Varghese & Ors. V. Saint Peter's and Saint Paul's Syrian Orthodox Church, is binding on all concerned. It further remarked: "The matters covered by decision cannot be entertained time and again. No Court should entertain any matter which has been covered by a decision of this Court." While the order impugned in this SLP could not be traced, many petitions have been coming before High Courts and various courts in Kerala, which essentially sought to reopen the controversy settled by the Supreme Court in KS Varghese. Last month, also the bench headed by Justice Mishra had come across another SLP in which it made similar observation. It held that the judgment in KS Varghese holds the field and nothing further survives in the matters for adjudication. Disposing the appeals, the bench had observed: "Let all the concerned courts and authorities act in terms of the Judgment. Let there be no multiplicity of the litigation on this aspect any more in the various courts. The decision rendered in representative suit is binding on all." KS Varghese Case Summary The court had held thus in the KS Varghese case: Malankara Church is Episcopal in character to the extent it is so declared in the 1934 Constitution. The 1934 Constitution fully governs the affairs of the parish churches and shall prevail. The decree in the Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma 1995 Supp (4) 286 is completely in tune with the judgment. There is no conflict between the judgment and the decree. The Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma 1995 Supp (4) 286 arising out of the representative suit is binding and operates as res judicata with respect to the matters it has decided, in the wake of the provisions of Order 1 Rule 8 and Explanation 6 to Section 11 CPC. The same binds not only the parties named in the suit but all those who have interest in the Malankara Church. Findings in earlier representative suit i.e. Samudayam suit are also binding on parish churches/parishioners to the extent issues have been decided. As the 1934 Constitution is valid and binding upon the parish churches, it is not open to any individual Church, to decide to have their new Constitution like that of 2002 in the so-called exercise of right under Articles 25 and 26 of the Constitution of India. It is also not permissible to create a parallel system of management in the Churches under the guise of spiritual supremacy of the Patriarch. The Primate of Orthodox Syrian Church of the East is Catholicos. He enjoys spiritual powers as well, as the Malankara Metropolitan. Malankara Metropolitan has the prime jurisdiction regarding temporal, ecclesiastical and spiritual administration of Malankara Church subject to the riders provided in the 1934 Constitution.Full effect has to be given to the finding that the spiritual power of the Patriarch has reached to a vanishing point. Consequently, he cannot interfere in the governance of parish churches by appointing Vicar, priests, Deacons, Prelates (High Priests), etc. and thereby cannot create a parallel system of administration. The appointment has to be made as per the power conferred under the 1934 Constitution on the Diocese, Metropolitan, etc. concerned. Though it is open to the individual member to leave a Church in exercise of the right not to be a member of any association and as per Article 20 of the Universal Declaration of Human Rights, the Parish Assembly of the Church by majority or otherwise cannot decide to move Church out of the Malankara Church. Once a trust, is always a trust. When the Church has been created and is for the benefit of the beneficiaries, it is not open for the beneficiaries, even by a majority, to usurp its property or management. The Malankara Church is in the form of a trust in which, its properties have vested. As per the 1934 Constitution, the parishioners though may individually leave the Church, they are not permitted to take the movable or immovable properties out of the ambit of the 1934 Constitution without the approval of the Church hierarchy. The spiritual power of Patriarch has been set up by the appellants clearly in order to violate the mandate of the Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma 1995 Supp (4) 286 of this Court which is binding on the Patriarch, Catholicos and all concerned. As per the historical background and the practices which have been noted, the ...

Kerala Church Dispute: No Court Should Entertain Any Matter Covered By KS Varghese Judgment Which Is Binding On All Concerned: SC [Read Order]

Ashok Kini

"The matters covered by decision cannot be entertained time and again."

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