Kerala High Court Intervenes in St Mary's Basilica Trespass Dispute, Seeks State Government Report
In a significant development, the Kerala High Court has taken a proactive stance in a case involving alleged criminal trespass at St Mary's Cathedral Basilica in Ernakulam. The court has directed the state government to obtain detailed instructions regarding whether any individuals are currently residing inside the church premises and have locked its doors, thereby unlawfully restricting the entry of other believers and priests.
Petition Filed by Archbishop's Vicar Highlights Liturgical Dispute
The directive was issued by Justice Bechu Kurian Thomas while considering a petition filed by Mar Joseph Pamplany, the vicar of the major archbishop of the Ernakulam-Angamaly archdiocese of the Syro-Malabar Church. The High Court also formally issued notices to the respondents, including representatives of the alleged faction, and adjourned the hearing of the case to January 29 for further proceedings.
In his petition, Bishop Pamplany made serious allegations against members of a faction that opposes the settlement reached by the Ernakulam-Angamaly archdiocese. This settlement pertains to certain modifications in the liturgy of the Holy Mass across the Syro-Malabar Church. The bishop claimed that on December 10, members of this faction trespassed into the basilica and have been continuously staying there since. This occupation has reportedly restricted the entry of other individuals into the church and prevented all religious activities from taking place.
Court's Oral Observations Emphasize Sanctity of Religious Spaces
During the hearing on Thursday, the High Court orally questioned the presence of these persons inside the church. Justice Thomas made it clear that while individuals are welcome to come and pray, residing inside the church is not permissible. The court stated, "They can come in and pray. They cannot live there. No matter which parish they belong to, they cannot reside inside the church. The church is not meant for that."
Further emphasizing the rule of law, the court observed, "The allegation by the bishop is that people stormed into the church, closed the doors, and restricted the entry of others. Priest or laity, nobody has the right to take the law into their hands." These remarks underscore the judiciary's commitment to maintaining order and respect for religious institutions.
Legal Proceedings and Future Steps
The High Court has clarified that the respondents are at liberty to file their counter-affidavits in response to the allegations. The matter has been adjourned to next Thursday, allowing both sides to prepare their arguments. This case highlights the ongoing tensions within the Syro-Malabar Church over liturgical changes and the legal mechanisms available to address such disputes.
The court's intervention is seen as a crucial step in ensuring that religious spaces remain accessible to all believers and that any unauthorized occupation is dealt with promptly. The state government's report, as directed by the High Court, will play a key role in determining the next course of action in this sensitive matter.
