Kerala HC halts order allowing state to takeover 6 churches involved in Orthodox-Jacobite dispute

The Kerala High Court on Tuesday stayed a single bench order directing the state to take over the possession of six churches involved in the Orthodox- Jacobite faction feud. 

A Division Bench comprising Justices Anil K Narendran and Muralee Krishna S passed the interim order, staying the earlier directive that had asked the district collectors of Ernakulam and Palakkad to assume control of the churches.

The Bench observed that the single bench order had led to a law and order situation, and clarified that the High Court cannot direct the civil administration to take over possession of churches in disputes relating to religious affairs. 

Instead, it noted that in cases of repeated disobedience of court decrees resulting in unrest, the court can step in to ensure compliance by granting police protection. This, it said, would help maintain peace and allow religious services to be conducted in accordance with the 1934 Constitution, as upheld by the Supreme Court.

The court's observations come against the backdrop of the long-standing dispute between the Orthodox and Jacobite factions, which emerged following the split among Malankara Christians in 1910. In the landmark 2017 ruling in K S Varghese vs St Peter's and Paul's Syrian Orthodox Church, the Supreme Court effectively vested administrative control of churches in the Orthodox faction.

Subsequently, in May 2023, the High Court had directed authorities to provide adequate protection to Orthodox vicars and parishioners facing obstruction from the Jacobite faction in conducting religious rites. Alleging non-compliance with that order, contempt petitions were filed, prompting the single bench to direct district authorities to take over possession of six churches- a move that has now been stayed by the Division Bench.

(With LiveLaw inputs)