Kerala High Court Refuses To Direct Govt To Mediate Unified Mass Dispute At St. Mary's Basilica, Says State Can't Intervene In Religious Matters

The Kerala High Court on Wednesday refused to allow a plea seeking a direction to the Government to settle a dispute pertaining to unified Mass at St. Mary's Cathedral Basilica, Ernakulam. 

The petitioners averred that the Church remained closed due to disputed between rival factions, and sought mediation involving eminent personalities such as the Arcbishop of Ernakulam, the Synod of Major Archiepiscopal Church of Ernakulam, the Athiroopa Samrakshana Samithi, the Commissioner of Police and the Station House Officer of Central Police Station and such others, to resolve the issue. 

Justice Devan Ramachandran was of the considered view that the State or its functionaries could not intervene in the matter, since the same was of religious, and not temporal nature. 

"...what the petitioner projects is exclusively a religious activity, into which normally, the State or its functionaries cannot intervene. This is well settled through a catena of judgments of this Court and the Supreme Court, and therefore, this Court cannot cause any deviation, merely because the petitioners seek a settlement between the warring factions," the Court observed. 

Advocate Arun Mathew Vadakkan appearing on behalf of the petitioner submitted that the right to be part of the Holy Mass was an important aspect of life for persons like the petitioner, and that they were constrained to approach the Government with the request for mediation so as to resolve the issues amicably. 

Government Pleader Shyam Prasad however argued that since the crux of the matter pertained to the conduct of Holy Mass in the Church in question and the manner in which it had to be done, neither the State nor the Chief Secretary could intervene in the same, since the dispute was not temporal in nature. 

The counsel for the respondents contended that the controversy was exclusively within the realm of ecclesiastical or religious activities, due to which the ecclesiastical leadership had to arrive at a decision. It was also submitted that a decision on the matter at hand had already been been taken by the Synod, which was approved by the Holy See at Vatican, and that the petitioners could thus not seek any 'conciliation settlement' against it. 

The Court found merit in the afore submissions and observed that it could not intervene in the issue. 

"As matters now stand, it appears that certain decisions have been taken by the Synod, and that the petitioners do not approve the same. Their remedies against such is obviously not to move Government... but invoke other remedies, as may be available to them. This court does not intend to enter into the controversy in any manner whatsoever, because again, in matters relating to ecclesiastical religious affairs, the jurisdiction of this Court under Art 226 of the Constitution is extremely attenuated," it said, while closing the plea. 

Citation: 2023 LiveLaw (Ker) 679 

Case Title: Antony Joseph v. State of Kerala 

Case Number: W.P. (C) No. 3437 OF 2023