The Hindu : Kerala / Kochi News : Of Church factions and their feuds

Online edition of India's National Newspaper
Friday, Jul 15, 2005

Kerala

Kerala - Kochi

Of Church factions and their feuds

With the ongoing feud among different factions of the Church, it would be interesting to note what a former Judge of the Kerala High Court, V. Bhaskaran Nambiar, has to say on the issue. He is writing a book `Life's Likes and Dislikes' and there is a chapter devoted to `Church Dispute' in it.

"Religious institutions have played a significant role in the evolution of constitutional law, leading to lasting judgements, through proliferation of litigations in all courts including the Supreme Court.

"Sitting as a Single Judge, I had the privilege of hearing a church case on a Friday afternoon. The Court was packed to capacity, with priests in their robes thronged in the court hall and eminent counsel in their gowns seated on both sides. I was `warned' that the case would go on for more than a month and I said, I was prepared to hear the case in full and at length.

"The arguments began. It was submitted that the church was closed. Immediately, I interrupted and said, `I am, against closure of any church; the right of the public to pray cannot be denied.' Both sides agreed that the church could not remain closed; it had to be re-opened as early as possible. That, I thought, was a good beginning. Within a few minutes, the facts disclosed that prayers could not be conducted and the church was closed, because of the bitter disputes between two factions of priests. I suggested that faction `A' can conduct the prayers for three days in a week and faction `B' for four days or A for four days and faction B for three days. They did not agree. Factions A and B asserted that under no circumstances will one faction allow the other faction to conduct the prayers in the church. I, then, suggested that faction `B' or faction `A' could alternately be allowed to conduct the rituals in the church cemetery, also situated in the church compound. That also was not acceptable. Both sides were insistent that the other side would not be allowed to enter the church compound to conduct prayers in any form, at any place.

"By the time, the court was about to rise for the day, a suggestion was made from the Bench that, as all were agreed that the Church should be opened for the public to have their prayers, I might think of appointing an advocate receiver to take charge on the entire assets of the church, keeping both the factions out of management, and reopen the church for prayers.

The case was adjourned to the next Monday.

"On Monday, with a lean attendance of only one or two priests and one or two counsel in court, it was submitted that the disputes were settled outside court and the revision and suit could be dismissed as not pressed."

K. Venkiteswaran

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