Orthodox-Jacobite dispute: Kerala HC sets aside order to take over 6 churches

Kochi: High court has set aside a single bench order that directed the district collectors of Ernakulam and Palakkad to take possession of six churches in their respective jurisdictions involved in the Orthodox-Jacobite dispute.The churches in Ernakulam are St Mary's Orthodox Church, Odakkali; St John's Besphage Orthodox Syrian Church, Pulinthanam in Pothanikkad; and St Thomas Orthodox Church, Mazhuvannur. St Mary's Orthodox Church, Mangalam Dam; St Thomas Orthodox Syrian Church, Erikkinchira; and St Thomas Orthodox Syrian Church, Cherukunnam are the ones in Palakkad district.A bench of Justices Anil K Narendran and S Muralee Krishna passed the order while allowing appeals arising from the single bench's order in contempt proceedings against govt officials for alleged non-compliance with its earlier direction to provide adequate police protection to the Orthodox faction for entering and conducting services in the six disputed churches. On Aug 30, 2024, in contempt petitions filed by members of the Orthodox faction, the single bench had suo motu impleaded both district collectors and directed them to take possession of the churches.In the appeals filed by the state govt and the persons from the Jacobite faction, the division bench considered whether, in a contempt petition arising from non-compliance with an earlier order granting police protection, HC could direct the taking over of possession of a religious institution. The bench observed that a writ seeking "police protection" has a limited scope and is generally confined to cases where the court is approached to protect rights already declared by a decree or order of a civil court. Such jurisdiction cannot be extended to situations where rights have not been clearly determined, either finally or even at an interlocutory stage.The bench further held that in disputes relating to the religious affairs of a parish church governed by the 1934 Constitution of the Malankara Orthodox Church, the high court cannot direct the civil administration to take over possession of the church. However, in appropriate cases where repeated disobedience of a decree results in law-and-order issues, the HC, as a constitutional court, may grant police protection to ensure the smooth conduct of religious services and related affairs in accordance with the 1934 Constitution. Accordingly, the division bench set aside the single bench's order directing the collectors to take possession of the six churches. HC also clarified that it is for the single bench to proceed with the contempt cases, taking note of the legal principles laid down in this judgment.Previously, a division bench had dismissed the contempt appeals on Oct 17, 2024, prompting the appellants to approach the Supreme Court by way of special leave petitions (SLPs). However, SC on Jan 30, 2025, set aside the division bench's order and remitted the matters to HC for fresh consideration after hearing all the parties concerned. Accordingly, the division bench reconsidered the appeals.