GILBERT CHEERAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioner, an advocate, and belonging to Malankara Orthodox Syrian Church, has filed this Public Interest Litigation being aggrieved by the decision of the State of Kerala to send a delegation to attend the consecration ceremony for Jacobite Syrian Christian Bishop Mor Gregorios Joseph, scheduled to be held on 25/3/2025 at Lebanon. The Petitioner seeks to quash Exhibit-P1 order dtd. 11/3/2025, issued by the Additional Secretary, General Administration (Protocol) Department, Government of Kerala, granting approval, on the ground that it is issued in breach of the orders of the Hon'ble Supreme Court. The Petitioner has also sought declarations regarding the lack of authority of the Patriarch in Lebanon to conduct the ceremony.

(2.) Respondent No. 1 is the State of Kerala, through the Chief Secretary. Respondent No. 2 is the Secretary, Home Department, who is in charge of law and order. Respondent No. 3 is the Union of India, through the Secretary, Ministry of External Affairs. Respondent No. 4 is the person, who is to be ordained in the consecration ceremony on 25/3/2025.

(3.) To provide a brief factual backdrop to the Malankara Orthodox and Jacobite legal dispute, the representative of Parish Churches in Kerala adopted a constitution for the Malankara Church on 26/12/1934. A detailed decision on the subject came to be rendered by the Hon 'ble Supreme Court in 2017, where the 1934 constitution was reiterated and confirmed. This decision was followed by the subsequent decisions of the Supreme Court. Contempt petitions and petitions for police protection were filed in this Court, and later orders passed in these proceedings were the subject matter of challenge before the Hon 'ble Supreme Court. By order of 30/1/2025, the Supreme Court called upon this Court to examine the issues that have been framed in the judgment and the Division Bench is currently hearing this group of petitions.