New Delhi: The Supreme Court on Wednesday directed the State of Kerala to refrain from publishing or circulating data regarding the population, assets, and churches belonging to the Malankara Orthodox and Jacobite factions, amidst ongoing tensions between the two denominations.
The bench, comprising Justice Surya Kant and Justice N.K. Sigh, emphasized the need for utmost caution in matters of religious disputes, asserting that judicial intervention in such sensitive issues must be handled delicately. “Courts have to tread very carefully in religious affairs. Today you have come; tomorrow, some other group might come. We must exercise extreme caution,” Justice Surya Kant remarked during the hearing.
In December 2024, the Court directed the Kerala government to provide detailed data on the population of the Orthodox and Jacobite denominations (preferably sub-region/gram panchayat-wise), a list of churches under their complete administrative control, and the status of churches where disputes over management persist.
The Malankara faction raised concerns during Wednesday’s hearing, apprehending that the publication of such data could escalate tensions between the two communities. Senior Advocate K.K. Venugopal, representing the Malankara side, argued that the figures could create “heartburn” and proposed that the data be submitted to the Court in a sealed cover. He further contended that the “numbers game” might lead to confusion and disrupt the delicate balance established by previous court judgments.
Senior Advocate Krishnan Venugopal, also appearing for the Malankara faction, echoed this sentiment, arguing that the publication of manipulated figures could lead to further disputes. He stressed that the rights of the Malankara Church have been settled through various Supreme Court rulings, and introducing population data could unsettle these established positions.
Kapil Sibal, Senior Advocate representing the State of Kerala, objected to the claims of partiality, asserting that the State was merely complying with the Court’s orders.
Justice Kant noted that the Court’s efforts are aimed at fostering peace and reconciliation between the two groups. “The goal is to ensure that the two factions can coexist amicably and resolve their disputes peacefully,” he said.
The bench acknowledged that delving into population figures and administrative control statistics could harden the positions of both factions. Justice Kant explicitly directed Sibal to ensure that the data is not publicized or disseminated, stating, “You don’t publicize the data.”
The bench was hearing petitions challenging Kerala High Court directions to transfer the administration of six churches (three each in Ernakulam and Palakkad districts) from the Jacobite group. In its December 3 order, the Supreme Court had observed that Jacobite members were prima facie in contempt and directed them to hand over control of these churches to the Malankara faction. A subsequent status quo order was passed on December 17, preserving the existing management structure.
The matter has been adjourned for further hearing on January 29, with the Supreme Court reiterating its intent to strike a delicate balance in this long-standing dispute.
