Malankara-Jacobite Dispute : Supreme Court Sets Aside HC Direction To Hand Over Churches, Says 'Police Going Inside Religious Places Bothers Us'

The Supreme Court on Thursday (January 30) set aside the directions of the Kerala High Court which directed the State authorities to take over the possession of six churches from the Jacobite faction and hand them over to the Malankara Orthodox faction.A bench comprising Justice Surya Kant and Justice N Kotiswar Singh asked the division bench of the High Court to take a fresh decision on the contempt petitions in the light of some of the issues highlighted in today's order.The bench observed that there was a need to determine the true effect of the previous judgments of the Supreme Court in the Malankara-Jacobite dispute and to ascertain who are the parties bound by those decisions.The bench also shared its concerns about police officers going to religious places to take them over. The order was dictated as follows :It seems to us that the High Court, while entertaining the contempt proceedings, need to determine some of the relevant issues, including :i. What is the true import of the decisions of this court?ii. Who are the parties who shall be bound by the dictum of this Court?iii. Whether the decree which attained finality has been satisfied/fulfilled, if not, which part of the decree remains unfulfilled and what remedial action in that regard are required to be takeniv. What is the legal impact of The Kerala Right to Burial of Corpse in Christian (Malankara-Orthodox- Jacobite) Cemeteries Act, 2020 on the pending contempt petitions?iv. Should the High Court in a dispute relating to religious affairs direct the civil administration to take over religious place and to what extent such an intervention is desirable in the public interestSince we find that all the said questions require fresh consideration by the High Court, we remit the matter to the division bench to decide the fate of contempt petitions afresh after hearing all parties concerned."The bench clarified that it has not expressed anything on merits and left it to the High Court to take its own independent decision. It also clarified that the interim exception given to the State's officers from appearance in the contempt petitions would continue to operate.After the order was dictated, Senior Advocate KK Venugopal, for the Malankara side, requested the bench to keep the order in abeyance, saying that it has the effect of reopening the settled disputes and keeping things in a "flux." Venugopal pointed out that the present bench in December 2024 hearing, had observed that the Jacobite side was in contempt of the Court directions and that the State was bound to execute the judgment of the Supreme Court. "Each of these questions will go against your lordships' orders. Please keep these orders in abeyance till the matter is decided," Venugopal pleaded.However, the bench said that it preferred to have the benefit of the High Court's judgment on the issues and expressed concerns about police intervention."We hope you will appreciate why we are sending the matter back...let's hope Court will find some mechanism...police force help, police going inside the religious place is what is bothering us. That's why we are hoping HC would find out some mechanism," Justice Kant said.Following Venugopal's submissions, the bench clarified in its order that the High Court can pass directions for the enforcement of the Supreme Court judgements if it is found that they have not been complied with."HC will be free to pass appropriate orders for enforcement of the Court orders wherever it is found that they have not been given effect to in true letter and spirit," the bench added.When the hearing started, Senior Advocate Kapil Sibal, for the State of Kerala, handed over in a sealed cover the data regarding the population of both the communities, the churches/assets under their control and the churches under dispute. The Court had earlier sought for the data from the State. The Court today returned the said information furnished by the State, saying that it was not necessary for the disposal of the present matters.Senior Advocates KK Venugopal, Krishnan Venugopal and Chander Uday Singh, for the Malankara side, argued that the issue was conclusively settled by the judgments of the Supreme Court and that the Jacobite site was bound to hand over the churches in terms of the Court verdicts. They also informed the Court that they have approached the High Court challenging the law passed by the State in 2020 regarding the burial rights of Jacobite members in Malankara churches.Senior Advocate Shyam Divan, for the Jacobite side, submitted that the judgments of the Supreme Court were rendered in suits filed in respect of certain specific churches and hence, the decrees would apply only to those churches. He stated that those churches were handed over in the execution of the decrees. If the Malankara side has to lay claim to other churches, they have to institute fresh suits and cannot file writ petitions seeking to take over the church under the guise of the Supreme Court...

Malankara-Jacobite Dispute : Supreme Court Sets Aside HC Direction To Hand Over Churches, Says 'Police Going Inside Religious Places Bothers Us'

Debby Jain

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