18-August-2006
New Indian Express: dt. 18-August-2006
MUNSIFF COURT RULING: ORTHODOX CHURCH IN A FIX
By Mathew A Thomas
Kottayam, Aug 17: In spite of the scope of filing an appeal petition in a higher court notwithstanding, the ruling of the Munsiff Court, Ernakulam, permanently barring Baselios Marthoma Didymos I, Malankara Orthodox Syrian Church supremo, from convening the Malankara Association or Bishop’s Synod in his capacity as Malankara Metropolitan or Catholicos, has landed the Orthodox faction in a predicament.
Even though the issue is an internal matter of the Church outwardly, there is more to it than meets the eye since the rival Jacobite sect is all set to cash in on the confusion of the Orthodox Church over the lower court ruling, especially at a time when the application of Mar Didymos I for impleading him in the case in the Supreme Court is pending.
He had filed an application in the Supreme Court to implead himself with the status of Malankara Metropolitan and Catholicos in the appeal petition filed by his late predecessor Catholicos Baselios Marthoma Mathews II against the High Court judgment favourable to the rival faction with regard to closed churches.
The lower court’s ruling is of such dimension that the Malankara Church Constitution of 1934, on the basis of which the Orthodox faction reiterates that the Church is a single entity and ‘dissidents’ have no right over Church properties, itself has proved to be very powerful now.
Though the selection of all bishops in the Orthodox side from a period spread from January 1, 1971 to the day of verdict passed by the Supreme Court in 1995 was ratified at the Malankara Association meet held on March 20, 2002 in the presence of Justice V.S.Malimath as SC observer, the court had excluded the status of Catholicos of the late Baselios Marthoma Mathews II from subjecting to ratification. However, his position as Malankara Metropolitan was asked to be ratified at the Malankara Association meet through an election.
For intriguing reasons, the installation of Thomas Mar Theemotheos as Catholicos-designate in 1992 was not taken up for ratification at the Association meet. He took over as Malankara Metropolitan and Catholicos with the vested name Baselios Marthoma Didymos I, without convening or getting the approval of the Malankara Association, but with the sanction of the Episcopal Synod and other bodies in the Church, at a time when his predecessor fell sick last year. The mandatory ratification of the Malankara Association was given the go-by, on the premise that the SC order of 1995 inherently approves the ecclesiastical succession of Thomas Mar Theemotheos. The lower court has rejected this contention.
Malankara Metropolitan is the one and only legal custodian of all Church properties. Against this backdrop, the Munsiff Court order assumes great significance. Though two senior-most bishops are empowered to convene the Malankara Association as per the 1934 constitution and ratify the selection of Mar Didymos I as Catholicos and Malankara Metropolitan, such a step would be a setback to the Orthodox faction now.
The threat of another candidate emerging to the post of Catholicos and Malankara Metropolitan also cannot be ruled out in the present circumstances. The rival Patriarch sect is keeping its fingers crossed on its next move.
The Hindu: dt. 16-August-2006
Injunction against church head leads to legal tangle
Staff Reporter
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Church authorities to move higher court |
KOTTAYAM: The permanent injunction issued by the Ernakulam Munsiff Court against the Supreme Head of the Malankara Orthodox Syrian Church, Baselius Mar Thoma Didimos I, the Catholicos of the East and Malankara Metropolitan from exercising his powers in convening the Episcopal Synod and Malankara Association, has once again brought in a cycle of legal complexities.
Additional Munsiff K. Santhosh Kumar had disallowed the meeting of the Malankara Syrian Christian Association called by Catholicos Didimos I, for September 21 and also restrained him from convening the meetings of the Managing Committee and Working Committee of the Association.
The order comes against the plea made by Myalil Babu Paulose of Chethikode Edamana and another person. In their prayer they had maintained that the Malankara Sysrian Christian Association had not elected Didimos I as Catholicos or Malankara Metropolitan, as stipulated in the Constitution adopted by the Church in 1934. Meanwhile the Orthodox Church authorities on Tuesday maintained that they would move the higher court without delay. According to them, Catholicos Didimos I was consecrated as Catholicos, following the same procedure that they were following since 1964. The present Catholicos (Bishop Thomas Mar Thimothios, then) was elected Catholicos-designate at the 1992 meeting of the Malankara Association. Fr O. Thomas, clergy secretary of the Church said the verdict would not affect the functioning of the Church as there were enough provisions within the Constitution to carry on the administration.
Related News:
dt. 14-Aug-06: Catholicos Baselios Didymos of Malankara Orthodox faction restrained from convening their Association, Synod or Managing Committee