Kochi, Mar 21 (PTI) The Kerala High Court on Friday refused to intervene in the state government's decision to send a delegation to Lebanon for the consecration of Joseph Mor Gregorious, the current Malankara Metropolitan, as the new Catholicos, also known as Maphrian, of the Jacobite Syrian Orthodox Church in India.

A bench comprising Chief Justice Nitin Jamdar and Justice S Manu held that sending a delegation was a policy decision of the state government, and the court found no reason to interfere.

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At the same time, it directed the state government to ensure that its decision, directly or indirectly, does not lead to violence or disharmony.

"Thus, we expect that the state government and the central government (where clearance for the delegation is pending) will take further action regarding the delegation to Lebanon after considering all relevant factors—legal, ethical, moral, and the possible consequences," the bench stated.

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With this observation, the court disposed of the plea filed by Gilbert Cheeran, an advocate belonging to the Malankara Orthodox Syrian Church, who was aggrieved by the Kerala government's decision to send a delegation for the ceremony scheduled for March 25.

Cheeran argued that the state's actions could lead to a law and order situation and, therefore, the delegation should be restrained from attending the ceremony.

He also contended that the state government's decision violated the Supreme Court's ruling upholding the 1934 constitution of the Malankara Church.

The plea further claimed that the Patriarch conducting the ceremony lacked the authority to appoint vicars or priests in violation of the 1934 constitution.

The 1934 constitution was adopted by the Orthodox faction of the church, while the Jacobite group opposed it.

The factionalism between the two groups in Kerala dates back to the early 20th century, stemming from disagreements over ecclesiastical authority and church governance.

The dispute has resulted in numerous court battles over church ownership and authority, with the Supreme Court ruling in favour of the Orthodox faction in several cases.

However, the Jacobite faction continues to assert its claim over church properties, while the Orthodox faction maintains its authority.

The High Court stated that since legal proceedings were ongoing between the rival factions in the church, "we do not deem it appropriate to consider the petitioner's request for a declaration regarding the authority of respondent No.4 (Joseph Mor Gregorious) in this PIL."

The bench further stated that while a case for issuing a mandatory order to restrain the delegation was not established, "we do take note of the petitioner's (Cheeran's) concern regarding the possibility of a law and order situation."

It also observed, "The record shows that there have been instances of violence between these two factions in the state."

"In light of the above, we decline to grant the relief sought by the petitioner," it added.

The High Court also clarified that its decision not to interfere "should not be construed as approval of the state's impugned action in sending the official delegation, nor does it reflect on the merits of the dispute in the pending proceedings between the rival factions."

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)