Shreya Gupta
In a significant development concerning the longstanding dispute between the Malankara Orthodox Syrian Church and the Jacobite Syrian Christian Church, the Supreme Court of India has set aside a Kerala High Court directive that ordered state authorities to take possession of six churches from the Jacobite faction and transfer them to the Malankara Orthodox faction. The Bench, comprising Justice Surya Kant and Justice N. Kotiswar Singh, emphasized the necessity for the High Court to re-examine the contempt petitions, focusing on several pivotal issues.
The order was dictated and addressed the issues as follows:
- What is the true importance of this court’s decisions?
- Who are the parties who shall be bound by the decision of this Court?
- Whether the decree which attained finality has been satisfied/fulfilled, if not, which part of the decree remains unfulfilled and what remedial action in that regard is required to be taken?
- What is the legal impact of The Kerala Right to Burial of Corpse in Christian (Malankara-Orthodox- Jacobite) Cemeteries Act, 2020 on the pending contempt petitions?
- 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 the public interest
Since we find that all 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.”
The Bench expressed concern over the involvement of police in religious sites, noting, “Police going inside religious places bothers us”. This sentiment underscores the sensitivity surrounding state intervention in religious matters. By remitting the matter to the division bench of the High Court, the Supreme Court has mandated a fresh evaluation of the contempt petitions, ensuring that all relevant parties are heard. The Apex Court clarified that it has not expressed any opinion on the merits of the case, leaving the High Court to make an independent determination. Additionally, the interim exemption granted to state officers from appearing in the contempt proceedings will remain in effect.
This decision marks a pivotal moment in the protracted legal battle between the two church factions, emphasizing the judiciary’s cautious approach to religious disputes and the importance of thorough judicial consideration.
Case Title: V Venu and Others v. St. Mary’s Orthodox Church (Odakkal Palli).
Case Number: SLP(C) No. 26064-26069/2024
Bench: Justice Surya Kant and Justice N Kotiswar Singh