Kottayam: It would be a tough task for the LDF government to implement the recent Supreme Court judgment allowing the Malankara Orthodox Syrian Church the right to administer and hold prayers at Kolenchery, Varikkoli and Mannathur churches.
Disputes between Orthodox and Jacobite factions, regarding the ownership of over 100 churches, are pending at various courts. The ownership of a total of 1,064 churches are disputed. While the Orthodox faction owns around 700 of them, 400 are with the Jacobite church.
The successive governments were extremely careful in handling the issue and chose to stay away from the dispute as favoring one church meant making the other enemy . Since the supporters on both sides formed decisive vote banks, it was a tricky affair. Now, the apex court judgment prevails and the LDF government is duty bound to implement it. But many feel that settling the dispute is easier said than done.
Biju Oommen, secretary of the Malankara Orthodox Syrian Church association said that the government is duty-bound to implement the court judgment.He also said that the order will be applicable to all the other disputed churches. “The judgment is crucial for other churches too. The court has reiterated that the constitution of the Orthodox Church formed in 1934 is legally valid that of the Jacobite church is invalid,” said Oommen.
P C Elias, official spokesperson of the Orthodox Church, said they expect the government to act as soon as they get the copy of judgment. The Orthodox Church had taken a hostile stance against Oommen Chandy while he led the UDF government.
Disputes were fellow travellers of the Malankara Orthodox Church ever since the Catholicate was established in 1912. Both the factions have united and split several times. The disputes are mainly related to ownership of churches and property . In 1974, a case was filed in a court in Kottayam. A special court was formed in Ernakulam in 1976 to deal with the Malankara case.Though the court had judged in favour of the Jacobite Church, the appeals were sent to higher courts and finally in 1995 Supreme Court passed a judgment in favour of Orthodox Church.
There was also a Supreme Court judgement in 1958 regarding the legal right of the interest money (vatti palisha) deposited with the government by the church. The court had ruled that the Malankara metropolitan had the right to collect the interest amount, The Times of India reported.
Fr Varghese Kallapparayil, former spokesperson of the Jacobite faction said that the Church welcomes the Supreme Court verdict.”But who will execute this?” he asked. According to him it is not easy to execute the order as the Church has no right over the parishes.
“The parish churches are independent. It is the governing council in each church which built them. If these governing bodies are ready to give the churches to the Orthodox Church then there won’t be any problem in executing the order,” he said. Kallapparayil said the judgments in 1958 and 1995 could not be implemented. “This is an issue related to the faith of the believers,” he said.
Chevalier Biby Abraham, working committee member of Jacobite church urged the state government to mediate & solve the crisis. “This is like taking away ones belongings and handing it over to another person,” said Abraham. He said that the Kolenchery church is worth over Rs 500 crore. “Gold itself will be worth over Rs 20 crores,” he said.