'This Adventurism In Litigation Has To Stop Now': Kerala High Court Lashes Out In Church Feud Case

The Kerala High Court on Thursday lashed out on the State over prolonged clashes between the Orthodox and Jacobite factions in the State despite clear directions from the Apex Court to solve the dispute. 

Justice Devan Ramachandran minced no words while coming down on the State government for failing to resolve the feud.  

"This adventurism in litigation has to stop now. I know the judges who have heard this case before had to face consequences. I am not afraid of that. My view will not change. It's about time the factions came together and resolved their differences. This has been going on for years. If you pass this on to the next generation, things could get dangerous." 

The Court also called upon the Patriarchs of both the factions under dispute to change their mindset and to come to an amicable settlement. The factions were also warned that if the entry of priests or office bearers appointed under the 1934 constitution was blocked, the Court will have to step in.

"This is a call for the wise men at the top of the two factions, who are possibly wiser than me in person, but not in my capacity as a Judge, to settle this once and for all."

The Jacobite faction argued that they were restrained from entering their Churches in the strength of the Apex Court decision. 

The Bench emphasised that it only intended to abide by the law of the land, and stated that nobody will stop them. 

"Who is benefitting from this fight? Who benefits from the Churches being shut down? Who are you fighting for? It's not the ordinary devotees. It's definitely not the Almighty. In fact, he is probably pained to see such rows among all the believers."

The Bench further noted that there were no factions under the Malankara Church as per the Supreme Court judgment. 

"There is one Church and one Constitution. You are all the same; you are all human beings with blood running in your veins. Why is that so hard to understand?" 

The Court also pulled up the factions for involving its devotees in its duel. The Judge stated that the ordinary devotees cannot be taken for an adventure like this by prolonging the litigation, and called for the matter to be settled between the parties. 

It was then brought to the attention of the Court that even tombs were being destroyed amidst the tension between the factions. Calling this a shameless act if the allegations are true, the Court strongly condemned the actions of both the factions. 

"I hope by the next time we meet, this mindset will be dispensed away with" 

The matter has been accordingly listed on October 5th for further hearing. 

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. A set of petitions were filed by the Orthodox faction seeking police protection for vicars to enter their churches.

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."

In its statement, the State had expressed that although the Government was ready to obey the directions of the Court in letter and spirit, 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.

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