Supreme Court Orders Kerala HC to Reassess Malankara Orthodox-Jacobite Church Contempt Petitions

New Delhi/Thiruvananthapuram, Jan 30 (NationPress) The long-standing dispute between the Malankara Orthodox and the Jacobite Churches took a significant turn on Thursday when the Supreme Court overturned the directives of the Kerala High Court and instructed them to re-evaluate the contempt petitions. These petitions had mandated state authorities to seize six churches from the Jacobite faction and transfer them to the Orthodox faction with police assistance.

A bench comprising Justices Surya Kant and N. Kotiswar Singh emphasized the necessity to assess the genuine implications of previous Supreme Court rulings regarding the church conflict and identify which parties are bound by those decisions.

"It appears to us that the High Court, in considering the contempt actions, must resolve several pertinent issues, such as: What is the true meaning of this court's decisions? Who are the parties that must adhere to this court’s ruling? Has the decree that reached finality been executed, and if not, which portions remain unfulfilled? What remedial steps need to be taken in that context? What legal ramifications does The Kerala Right to Burial of Corpse in Christian (Malankara-Orthodox-Jacobite) Cemeteries Act, 2020 have on the ongoing contempt petitions? Should the High Court, in matters of religious disputes, instruct civil authorities to take control of a religious site, and to what extent is such intervention appropriate in the public interest?" they noted.

The bench further remarked, "Given that we believe all these inquiries require renewed consideration by the High Court, we are sending the matter back to the division bench for a fresh determination of the contempt petitions after hearing all involved parties."

The apex court also clarified that the interim exemption granted to state officials from appearing in the contempt cases would persist.

It expressed specific concerns regarding the High Court's ruling on these matters and underscored the issue of police involvement.

"We hope you understand why we are returning the case... let’s trust the court will devise some approach... the involvement of police, especially within a religious establishment, is troubling us. That’s why we are optimistic the HC will identify a solution," stated Justice Surya Kant.

The Malankara Orthodox Syrian Church, a non-Catholic Christian community in Kerala, is divided into two factions - the majority Orthodox, headquartered in Kottayam, and the Jacobites, who recognize the Patriarch of Antioch in Beirut as their supreme authority. The division occurred in 1912, but after a ruling from the Supreme Court, both factions briefly reunited in Kottayam between 1958 and 1970. Since 1970, they have been embroiled in a conflict over church control. Following decades of legal battles, the apex court rendered its final decision in 2017.

Consequently, the Orthodox faction has begun to assume control over churches currently managed by the Jacobite faction. Although the Orthodox faction has already taken control of several churches based on High Court orders with police support, the Jacobite faction has resisted in some locations. In terms of membership, the Orthodox Church significantly outweighs the Jacobite Church.