'Tried To Put An End To The Dispute, Factions Still Want To Go To War': Kerala High Court Reserves Orders In Church Feud Case

The Kerala High Court on Wednesday reserved its orders in a batch of petitions where vicars sought police protection to enter churches to perform religious service and rituals which is an aftermath of the Orthodox-Jacobite factional dispute. 

Justice Devan Ramachandran was evidently disappointed with the reluctance of the factions to reconcile their differences and maintain peace despite his arduous efforts for the same:

 "I tried my best. As the saying goes, good advice is seldom heeded. I have been true to my constitutional conscience. This Court has nothing to lose or win in this dispute, but I still tried to put an end to this for the sake of the State which is at unrest due to this feud. I can't help it if the factions still want to go to war."

This comes after Additional Advocate General Asok Cherian informed the Court that there was no possibility for reconciliation and that the factions could not find a middle ground to settle their differences. 

The Court added that it was very unfortunate that the parties were not willing to come to an agreement between each other and preferred to continue creating a law and order situation around the concerned Churches. 

"If this is the way factions are going to be, then I'll pass an order in the matter. There is no point in me trying to postpone it hoping there would be some positive change. This is a very unfortunate situation. You are forcing me to implement the K.S Varghese judgment."

Accordingly, it was decided that the Court will commence issuing orders in the petitions on 16th November at 3:30 p.m. 

The Bench has been hearing these petitions at length over the last couple of months and has been attempting to bury the hatchet ever since. During the proceedings, it also observed that this could be resolved if only the Jacobite faction made an attempt to understand that this litigative fight is over.

As per the K.S Varghese judgment, all the Malankara Parish Churches are bound by the 1934 Constitution, and there are no factions. The vicar is to head the administration and he has to call for an election. It is with respect to the manner of this election that most of the cases are filed.

"How much longer can you fight this? The Supreme Court has clearly stated that every Church has to be governed by the 1934 Constitution. Yes, a civil suit may have been very much sufficient to order police protection in this case. But when a vicar approaches me claiming he is not being allowed to enter a Church in complete violation of the K.S Varghese judgment, should I be a mute spectator?"

Not following the mandate of the K.S Varghese decision was termed to be 'a mockery of democracy'. The Court added;

"Kerala can sleep peacefully the day the factions realise that the judgment is applicable to all Malankara Churches in the State which will in turn stop people obstructing vicars from entering churches and engaging in religious ceremonies."

Case Title: St. Mary's Orthodox Syrian Church v. State of Kerala and connected matters.