Orthodox-Jacobite dispute: Kerala HC backs CM-led mediation, says police cannot be used to take over disputed parishes
The High Court stated the State can mediate religious disputes if law and order is threatened, while usually remaining neutral. They closed appeals for six churches, urging a negotiated settlement.
The High Court stated the State can mediate religious disputes if law and order is threatened, while usually remaining neutral. They closed appeals for six churches, urging a negotiated settlement.
The High Court stated the State can mediate religious disputes if law and order is threatened, while usually remaining neutral. They closed appeals for six churches, urging a negotiated settlement.
Kochi: The Kerala High Court has said the State can step in as a mediator in the long-running Orthodox-Jacobite church dispute when it leads to law-and-order problems, while stressing that governments should ordinarily remain neutral in matters of religion.
A Division Bench of Justices A K Jayasankaran Nambiar and Preeta A K made the observation on August 13, while recording the State government's proposal to initiate talks, led by Chief Minister V D Satheesan, between the two factions. The Bench also closed seven writ appeals relating to six disputed churches in Palakkad, Ernakulam and Kollam districts. They are: St Thomas Orthodox Syrian Church, Cherukunnam, Alathur, St Mary's Orthodox Syrian Church, Erickinchira, Alathur, St Mary's Orthodox Syrian Church, Mangalam Dam, Alathur, St Mary's Orthodox Church, Odakkali, Ernakulam, St Mary's Orthodox Syrian Church, Attinkunnu, Kakoor, St Stephen's Jacobite Church, Mukhathala, Kannanalloor.
In the judgment, the Division Bench said that while the principles of neutrality require the State to exercise restraint and refrain from interfering in religious matters, disputes among citizens that result in law-and-order problems affecting the wider public require State intervention through mediation or conciliation. As a last resort, the State could also resort to executive action or legislation to ensure lasting peace and social order, the judgment said.
The mediation initiative was proposed after the Bench asked Additional Advocate General Mohammed Shah P A whether the State could take "proactive steps" to end the long-running conflict. The judges said they were prompted by the realisation that, despite years of litigation and court rulings, differences between the two factions were likely to persist and continue to trigger law-and-order issues. In response to the court's query, the State said it would initiate a mediation process. Any settlement reached would be placed before the High Court.
The judgment, which nudged the two factions towards a negotiated settlement, arose from seven writ appeals filed by priests and parishioners of the Jacobite faction concerning six parish churches. The appeals challenged a Single Judge's orders granting police protection to the Orthodox faction to enforce the Supreme Court's 2017 ruling in K S Varghese vs St Peter's and St Paul's Syrian Orthodox Church, along with directions to hand over the churches.
The Division Bench set aside those orders, holding that the SC verdict settled the legal framework for the 'management' of Malankara parish churches under the 1934 Constitution, but did not by itself establish a faction's 'right to possess' a particular church property. Such a civil right must first be established by a competent civil court, the Bench said.
The judgment said that police protection can be ordered to enforce a right already established by a civil court or to prevent law-and-order problems arising from disobedience of a court decree. However, police protection cannot be used to enforce a claimed right to possession of church property that has not been adjudicated by a competent civil court.
The Division Bench, however, clarified that nothing in its judgment would prevent the Orthodox faction from moving the competent civil court to establish its claims over the church properties.