New Delhi, Dec 17 (UNI) In the ongoing conflict between the Malankara Orthodox and Jacobite factions over the management of churches, the Supreme Court on Tuesday directed both parties to maintain the status quo until further hearings while calling for detailed data on the population and assets of the two denominations.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan adjourned the matter for a comprehensive hearing on January 29 and 30, 2025.
The Court instructed the State of Kerala to compile granular data, preferably on a sub-region or gram panchayat level, covering a list of churches fully under the administrative control of both denominations and a list of churches with disputed management, including their current status.
The Court also permitted both factions to submit their respective parish registers.
“The private parties are directed to maintain the status quo regarding management and control as it exists now. The state can intervene in case of any untoward incidents,” the Court ordered.
The order came amid demands by Senior Advocate Chander Uday Singh, representing the Malankara Orthodox Church, to continue the Supreme Court’s earlier directive of December 3, which had asked the Jacobite group to hand over the administration of six churches.
However, Justice Kant remarked that both sides had reported difficulties in complying with the order, emphasizing peace as a priority.
“We don’t want any untoward incident. We are strengthening the hands of the administration,” the Court noted.
The bench urged the State of Kerala, represented by Senior Advocate Kapil Sibal, to assist in reconciliation between the two factions. However, it declined to clarify whether the status quo specifically applied to the six disputed churches.
The dispute stems from the Kerala High Court’s earlier directive to officials to take over three churches each in Ernakulam and Palakkad districts from the Jacobite group.
On December 3, the Supreme Court found the Jacobite members prima facie in contempt for non-compliance and directed them to hand over administration while allowing access to burial grounds and schools for Jacobite members within the church premises.
Senior Advocate Shyam Divan, appearing for the Jacobite faction, referred to an affidavit citing challenges in complying with burial arrangements, emphasizing that ownership of cemeteries had been conclusively settled in the 2017 Supreme Court verdict.
In response, Justice Kant questioned whether the Orthodox faction was attempting to evade the earlier order, asking, “To bury, if they bring their priests and perform ceremonies, what is the problem?” Senior Advocate Krishnan Venugopal, for the Orthodox Church, countered, “That is a serious problem.”
The State of Kerala’s Right to Burial of Corpses in Christian Cemeteries Act, 2020, which supports burial rights for the Jacobite faction, also came under discussion.
Venugopal argued that the law violates the 2017 judgment and emphasized that funeral services performed by non-aligned priests are impermissible.
Justice Kant ultimately adjourned the matter, suggesting that a detailed examination would proceed post-winter vacation, stating, “After hearing for an hour or two, it appears we might have to take a detour. Better we take it up after vacation.”
