Today, On 3rd December, The Supreme Court has directed the Jacobite faction to hand over six Kerala churches to the Orthodox faction, emphasizing compliance with its earlier orders. The Court stated, “Hand over the keys first,” asserting that public amenities, including burial grounds, must remain accessible to all. The ruling aims to resolve the prolonged dispute between the factions. Non-compliance with court orders, it warned, will not be tolerated.
New Delhi: The Supreme Court stated on Tuesday that members of the Jacobite Syrian Church are in contempt for “willfully disobeying judgments” regarding the transfer of church administration to the Malankara Orthodox Syrian Church, as outlined in the 1934 Constitution.
The court ordered Jacobite church members to surrender control of six churches three in Ernakulam and three in Palakkad to the Malankara faction and to submit affidavits confirming compliance. The court warned that failure to comply would result in contempt proceedings.
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The churches involved include St. Mary’s Orthodox Church (Odakkal), St. John’s Besphage Orthodox Syrian Church (Pulinthanam), and St. Thomas Orthodox Church (Mazhuvannoor) in Ernakulam, as well as St. Mary’s Orthodox Church (Mangalam Dam), St. Mary’s Orthodox Syrian Church (Erickinchira), and St. Thomas Orthodox Syrian Church (Cherukunnam) in Palakkad.
The bench, led by Justice Surya Kant and Justice Ujjal Bhuyan, also instructed the Malankara faction to ensure that public amenities in these churches, such as burial grounds, schools, and hospitals, remain accessible to Jacobite members, in accordance with the 1934 Constitution.
The case scheduled for further hearing on December 17.
This directive follows Special Leave Petitions (SLPs) filed by Kerala Government officials, the Kerala Police, and Jacobite Church members, challenging a Kerala High Court order from October 17 that directed district collectors in Ernakulam and Palakkad to take possession of the six churches controlled by the Jacobite faction.
The High Court’s order was made under contempt jurisdiction after the Malankara faction reported obstruction in implementing a 2017 Supreme Court judgment that upheld their administrative rights over the churches.
During the hearing, the bench reminded the Jacobite group of the Supreme Court ruling from 2017, which resolved the key issues. Justice Bhuyan remarked that further arguments would only be relevant after ensuring compliance with the judgment.
Justice Kant emphasized, “Hand over the keys first,” and stated that public amenities, including burial grounds, must remain accessible to all factions.
The court directed the Malankara Orthodox faction to provide a written undertaking to ensure shared facility access for all community members, irrespective of their allegiance to the 1934 Constitution.
Senior Advocate CU Singh, representing the Malankara faction, noted that services must align with the constitution to avoid conflicts. The court set a two-week deadline for compliance and maintained exemptions for Kerala government officers from earlier proceedings. T
he matter will be reviewed on December 17, with Justice Kant expressing hope for a smooth resolution ahead of Christmas, stating,
“We are hopeful all of you will celebrate Christmas without any problems.”