Would Lead To A Super-Spreader Of Covid-19: State In Its Statement Before Kerala High Court Justifying Inaction In Orthodox-Jacobite Church Feud

The State in its statement filed before the Kerala High Court in the Orthodox-Jacobite row has cited the ongoing pandemic as a reason for not implementing the mechanism and system proposed by the Apex Court in K.S Varghese & Ors v St. Peter's & St. Paul's Syrian Orthodox & Ors. 

The statement, filed through Additional Advocate General Asok M Cherian read: 

"During these troubled times, when the reporting of Covid-9 cases are at its peak, if the order has to be enforced now, both the factions would come in big groups while will likely to lead to a super spread of the disease." 

The said judgment of the top court had restrained priests belonging to the Patriarch faction from entering and rendering religious services in the aforementioned Orthodox churches or their cemeteries. 

The State submitted that this decision of the Supreme Court was followed by chaos and confusion, particularly during the funeral of the deceased parishioners belonging to the Patriarch faction in the said cemeteries. 

Instances of deceased parishioners of the Patriarch faction being buried at the Orthodox cemeteries without the service of a vicar were also quoted in the statement. Such funerals were objected to by the Orthodox faction citing a violation of the above judgment. 

In its statement, the State also mentioned how this resulted in frequent law and order situations in the church premises for every such funeral, often requiring the intervention of the Executive Magistrate and even police to avert untoward incidents. 

The Patriarch faction had thereafter received special orders from competent courts to conduct the funeral of their deceased parishioners in the said cemeteries.

Yet all efforts of the Police and the Revenue Officials to maintain a peaceful atmosphere went in vain, and the situation remained tense during such funerals. 

Accordingly, the District Administration was compelled to impose restrictions on the number of people attending the funeral, after which only the kith and kin of the deceased parishioner were allowed to enter the cemetery. 

Every time a vicar or authorised personnel under the 1934 Constitution entered the premises to lead spiritual ceremonies, the parishioners of the Jacobite faction who are the lion's share in that areas created a blockade to obstruct their entry. 

The statement disclosed that regardless of the obstruction, the parishioners entered the church which ultimately resulted in law and order situations in the area. 

To comply with the said decision of the Apex Court, the State urged that it was necessary to create a peaceful situation for the Orthodox authorities can enter the church to administer church. 

It was also pointed out that the vicars of these churches had sought police protection against members of the Jacobite faction to enter the church, and requested a peaceful atmosphere to conduct their religious rituals in the church. 

Apparently, vicars from the Orthodox faction had also approached the Court seeking police protection for the same reason along with an injunction order.

In one of such pleas, the Court had directed the District Collector to take over the Church and hand it over to the petitioner, who was an Orthodox vicar. (St Mary's Orthodox Syrian Church v. State of Kerala.)

For the meaningful implementation of the Order, the District Administration was also directed to take necessary steps under Chapter X of CrPC.

This order was complied with by the District Administration with assistance from the Police, Fire and Rescue forces.  

However, the decision led to a multitude of similar pleas being filed before various courts across the State seeking an injunction order. 

The Government is making all efforts for the maintenance of law and order while complying with the directions of the court in this regard. 

The statement also listed down all the instances where the District Administration had provided necessary assistance for the concerned Vicar and his parishioners to enter the church despite resistance from the rival faction, while simultaneously ensuring law and order in the area. 

Nonetheless, the State pointed out that the petitioner Church is a Malankara Church, which are yet to be administered under the 1934 Constitution and whose application for police protection was still pending. 

Even in the case of these Churches, the District Administration had taken all earnest efforts to comply with the directions of the Court. 

However, the statement drew the attention of the Court to the fact that any such action initiated by the Police was met with obstruction from the parishioners of the Jacobite faction, which often included women and children. 

"...there are chances of an attempt of immolation too in the Church premises in the name of their religious faith and fervour," the statement reads.

It was reiterated that the Government was ready to obey the directions of the Court in letter and spirit in the case of other churches as well, and it should be in a phased manner when the situation becomes conductive and without any law and order issues.

Nevertheless, it was submitted that the impediment now being faced by the District Administration in complying with the directions was the ongoing spread of the Covid-19 pandemic in the State.

As the public, driven by emotions on religious fervour including women, children and elderly people, gather in the area in order to protest against the move of the District Administration and the Police, the State highlighted that there were chances for a congregation of mobs to show their protest which will eventually destroy the social distancing protocol. 

"The situation is getting grave, particularly since many of such protestors belong to the high-risk category susceptible to Covid-19 and since some positive cases could be asymptomatic."

It was also asserted that there was every possibility that the parishioners along with other devotees may cause obstruction to any action initiated for the implementation of the Court's order in the name of their religious faith.  

Notwithstanding such inaction from the government in the recent past, the State emphasised that there has been no laxity on its part to cause a delay in complying with the directions of the Court as alleged by the petitioner. 

The statement also revealed that the State was not lenient with members of the Jacobite faction who obstructed the implementation of the said directions.    

Background: 

This development ensued in a petition seeking the takeover of six Orthodox churches by the Orthodox faction, presently under the control of the Jacobite faction.

Through an interim order issued recently, the Court had sought the stand of the State government in the matter. 

The Bench had also remarked:

"The helplessness of the government under the pretext of issues surfacing if the order is implemented and its silence is frightening as the onus is on the government to implement the orders of the judiciary."

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