On December 3, 2024, the Supreme Court ruled that members of the Jacobite Syrian Church were in contempt for deliberately disobeying judgments that mandated the entrustment of church administration to the Malankara Orthodox Syrian Church under the 1934 Constitution. The Court directed the Jacobite faction to transfer the administration of six churches—three in Ernakulam and three in Palakkad districts of Kerala—to the Malankara Orthodox faction. A compliance affidavit must be submitted, failing which contempt proceedings would be initiated.
The Supreme Court bench, comprising Justices Surya Kant and Ujjal Bhuyan, emphasized that the 1934 Constitution governed the administration of these churches. The Court stated that no faction, including the Jacobite members, could disregard the rulings issued in previous cases, particularly KS Varghese v. St. Peter’s & Paul’s Syrian Church (2017) and St. Mary’s Orthodox Church (2020).
The controversy stemmed from ongoing disputes between the Jacobite and Malankara Orthodox factions over church administration. The Kerala High Court, invoking its contempt jurisdiction, had earlier directed the district collectors of Palakkad and Ernakulam to enforce the Supreme Court’s judgments and take possession of the disputed churches.
During the hearing, the Jacobite faction’s counsel, Senior Advocate Shyam Divan, argued that a rival faction could not take over churches maintained by another. However, the bench made it clear that compliance with the judgments was non-negotiable. Justice Ujjal Bhuyan stressed that such arguments could not be entertained in light of the clear directives of the 2017 judgment. Justice Surya Kant further stated, “Hand over the keys first if you want a hearing.”
The Court also directed the Malankara Orthodox faction to ensure that public amenities within the church compounds, such as burial grounds, schools, and hospitals, remain accessible to all community members, including Catholics. However, this access must align with the provisions of the 1934 Constitution without requiring allegiance to it.
The matter is now set for further consideration on December 17, 2024. The Supreme Court expressed hope that compliance would occur without incident and urged the factions to maintain harmony during the upcoming Christmas season.
The disputed churches include St. Mary’s Orthodox Church (Odakkal), St. John’s Besphage Orthodox Syrian Church (Pulinthanam), and St. Thomas Orthodox Church (Mazhuvannoor) in Ernakulam, as well as St. Mary’s Orthodox Church (Mangalam Dam), St. Mary’s Orthodox Syrian Church (Erickinchira), and St. Thomas Orthodox Syrian Church (Cherukunnam) in Palakkad.
The case, titled V. Venu and Others v. St. Mary’s Orthodox Church (Odakkal Palli) [SLP(C) No. 26064-26069/2024], continues to be a landmark dispute over religious governance and constitutional adherence in India.
Lawcutor 