On Thursday, the Supreme Court set aside the Kerala High Court’s October 2024 order, which had directed the state administration to take possession of six churches controlled by the Jacobite faction and hand them over to the Malankara Orthodox faction. The apex court expressed concern over the part of the order that allowed the police to enter religious places, stating:
NEW DELHI: The Supreme Court of India has directed the Kerala High Court to take a fresh look at the contempt petitions related to the long-standing church dispute between the Malankara Orthodox and Jacobite factions. This issue has been unresolved despite a 2017 Supreme Court ruling that settled the matter.
On Thursday, the Supreme Court set aside the Kerala High Court’s October 2024 order, which had directed the state administration to take possession of six churches controlled by the Jacobite faction and hand them over to the Malankara Orthodox faction. The apex court expressed concern over the part of the order that allowed the police to enter religious places, stating:
“Police going inside the religious place is what is bothering us.”
The Supreme Court suggested that the Kerala High Court find another way to address the contempt of the court’s previous orders.
A bench of Justices Surya Kant and N Kotiswar Singh ruled that the Kerala High Court must reconsider key issues while reviewing the contempt petitions.
The bench highlighted several important aspects for the high court to focus on: “While entertaining the contempt proceedings, the high court needs to determine some of the relevant issues, including…should the high court, in a dispute relating to religious affairs, direct the civil administration to take over a religious place and to what extent such an intervention is desirable in public interest.”
The court also outlined additional aspects for the high court to consider, such as interpreting the true scope of its decisions, identifying the parties bound by its ruling, determining which part of the decree that has attained finality remains unfulfilled, assessing the necessary remedial measures, and evaluating the impact of the 2020 Kerala burial law on the contempt petitions.
Since these factors require fresh evaluation, the Supreme Court decided to remit the matter to a division bench of the Kerala High Court.
The bench ruled “Since 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.”
Senior advocate KK Venugopal, representing the Malankara Orthodox faction, urged the Supreme Court to keep its present ruling on hold, arguing that it could reopen settled disputes. He noted that the issues framed for reconsideration could go against previous Supreme Court orders favoring his client.
However, the Supreme Court clarified that the high court has full freedom to enforce its orders without involving the police inside religious places.
The bench responded:
“The high court will be free to pass appropriate orders for enforcing our orders, wherever it is found that they (Jacobite faction) have not been given effect to…We are hoping high court will find out some mechanism.”
The Supreme Court had earlier expressed serious concerns over police and government interference in religious matters. In December 2023, it issued a status quo order, which was lifted on Thursday, allowing the Kerala High Court to take a fresh look at the issue.
Venugopal reminded the court that on December 3, 2024, the Supreme Court had observed that the Jacobite faction was in contempt for failing to hand over six churches to the Malankara Orthodox group. However, the bench clarified that its new order does not rule on the merits of the case but merely allows the high court to make an independent decision.
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The dispute between the Malankara Orthodox and Jacobite factions has lasted for over a century, involving control over more than 1,000 churches and affiliated institutions. The rift traces back to 1912 due to disagreements over church leadership and governance, briefly reconciling in 1959 before splitting again in 1972.
In 2017, the Supreme Court’s KS Varghese case judgment upheld previous court rulings from 1958 and reaffirmed the 1934 constitution of the Malankara Orthodox Syrian Church. The verdict granted the Malankara Orthodox faction full authority over churches belonging to both factions. However, its implementation has been hindered by resistance, political reluctance, and frequent clashes between the two groups.
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