Facts about Kolanchery Church episode

  Given below a detailed Communique from Fr Dr Johns Abraham Konat which is self explanatary

Subject:- The Kolenchery Church ue

Fr. Dr. Johns Abraham Konat, Priest Trustee.

            Let us thank God the Almighty for the peaceful ending of the fasting undertaken by H. H. Bava Thirumeny and H.G. Dr. Mathews Mar Severios Metropolitan. Both of them decided to end the fasting by 11.30 p. m. on Sunday 18^th September by receiving karikinvellam from H.G. Thomas Mar Athanasius Metropolitan (Chengannur) and H. G. Dr. Thomas Mar Athanasios Metropolitan (Kandanad East), the president of the core committee which was entrusted to lead the Upavasa Prarthana Yagnam. Honb’le Chief Minister Sri. Oommen Chandy gave leadership to the discussions which finally culminated in the ending of the fasting. The decision came after Bava Thirumany received a written assurance from the side of the Government that the Court order will be implemented after 15 days. A last attempt will be made during these 15 days to solve the issue amicably. If no result comes out from these discussions, the Government will implement the court verdict. This decision of the government was written and signed by the Ernakulam District Collector for the Government of Kerala. We received the document by 11 p.m. which was scrutinized by our advocate Sreekumar and the bishops of the church present at Kolenchery. After getting the consent of all, H. H. Bava Thirumeny declared that H. H. is ending the fasting. It was a moment of great joy for the whole Church. So many disputes with the Patriarch’s group have been settled in the past through the mediation of ministers or other representatives of the Government; but no Government had ever before written a document of settlement assuring to implement court orders. So by getting such a written assurance from the Government, the Orthodox Church has got what it was asking for during the last few decades. This is our victory.

            May be there are some confusions among our people about the genuineness of this assurance. Let me make it clear that it is not just a verbal assurance but a written assurance. Our advocate Sreekumar said that this is the best way to end this Upavasa Prarthana Yagnam.

            The Patriarch’s faction committed some blunders in this issue.

1.      Their first mistake was that they themselves filed an Original Suit (OS 43/07) in 2007 for getting full possession of the church and its properties. The verdict which was given on 16^th August 2011 went against them.

2.      They could not get a stay order from the court immediately and thus H. G. Dr. Mathews Mar Severios, Metropolitan of Kandanad West could celebrate Holy Qurbana in the Church the very next day. This proved that H. G. has full authority over the church and the Patriarch’s faction could not oppose it. They proclaimed that their bishops will also celebrate during the subsequent Sundays, but nothing happened. They should have at least refrained from making such declarations.

3.      Within 2 days the same court which gave the verdict allowed a stay for 15 days and thus the status quo was restored. The day on which the stay expired the Superintend of Police (Aluva rural) asked them to vacate the church and remove all their belongings from the premises because they have no more any right there. They acted accordingly and left taking everything which belonged to them. They did not come back for three days. After 3 days a single bench of the High Court (HC) extended the stay for one more week and they came back to the church and celebrated Qurbana for a day according to the status quo.

4.      In the meanwhile they tried to file an appeal with the HC which was initially avoided by a few benches, but finally they could file an appeal. The biggest blunder they committed was that they approached the HC for staying the lower court’s verdict and for maintaining the status quo. Both prayers were mercilessly rejected by a High Court Division bench headed by the Chief Justice of Kerala. “We do not see any justification for granting the stay order in favour of the party, whose suit was dismissed, ……. The prayer is, therefore rejected”

5.      Now they say that the court verdict is not yet ripe for execution because the court has not yet given a decree. If so why did they abandon their claims when the stay period came to an end and came back when the stay was extended? There is no consistency in whatever they say.

6.      Now how can their demand for maintaining the status quo be granted? They had approached the court with this prayer and the court said NO. Now they say that accepting an appeal is equivalent to getting a stay order. If so why did they approach the HC for a stay order and demanding the maintenance of status quo? Moreover their argument that accepting an appeal is equivalent to stay is not true because according to Civil Procedure Code order 41 rule 5, an appeal does not have the effect of a stay order.

All the arguments of the Patriarch’s faction are baseless. They are making arguments just to save their faces before their people who were lead into a useless agitation. Let the Almighty forgive them.

I express my sincere gratitude to each and everybody who toiled and moiled for the victory of Upavasa Prarthana Yagnam.

MOC shouldnot walk into the trap of Oomman Chandy Government

MOC faithfuls are greatly relieved that HH PauloseII and HG Mar Savariose have called off their fast and two precious lives are now not at stake.The statement of Oomman Chandy that in 15 days there will either be an amicable settlement or implementation of Court order is not something to be taken at face value.For a clear understanding we need to look at facts and events that led to the explosive situation in Kolanchery.

Kolanchery St.Peters &St Paul's Church,its Chapel at Kottur and other establishments have been decreed by High Court as the Church to be governed under the Constitution of 1934.This decree has been executed and there was a mediation process whereby the Puthancruz Society enjoyed the facilities to conduct worship at one Sunday per month.Having got a toehold on the Church ,they went to the Court claiming ownership of the Church.Court naturally repeated the earlier judgment which said Orthodox Church is the sole legal claimant to the ownership of the Church.Court directed the implementation of the order by asking RDO to hand over the keys of the church to the Vicar under Mar Savariose.This was complied with.The Puthancruz followers removed the worship accessories which were kept by them in the Churches  for use in their turn.The court order was implemented in its full sense.

All on a sudden,ThomasI Mafriana appeared from nowhere and started squatting on the road claiming that HB is on a "Prayer Yagna"(God only knows what it means) demanding rights on the Church.What the rights were, HB or Puthan Cruz faction themselves were not clear(they kept shifting their stances so often that their spokesmen themselves are confused.At the compromise talks,their stances changed on day to day basis sometimes more than once a day.

There appears to be connivance from high echelons of the government for the drama of Mafrian ThomasI.Government officials including District Collector,Police officials were all partisan,favouring the Mafrians.Examples
1.When PuthenCruz followers broke open the Cross Tower,the entire police force remained passive spectators. For namesake,a Case has been registered,but no follow up action like arrests of the accused.       
2.A priests from Puthen Cruz society came to the place where HH PauloseI was fasting in civil dress and made provocative statements,which was resented by MOC followers.Case has been registered against MOC people,the priest who caused the provocation is scotfree even now
3.On Sunday the 11th September,lawful Vicar and Asst Vicar were arrested and removed from the church when they were going to celebrate the Holy Qurbana.

These are some of the blatant misuse of power by Police.Police officials justified their action by admitting in privet that they have Orders from the top.Who and what that top is not difficult to infer

Now the media.Reporter Channel was the only media which was giving a balanced version of the events.Their Cameraman was manhandled by PC followers.All other Channels and newspapers blacked out the news.When a journalist was attacked,the journalist union which normally makes so much noice were silent.Even Reporter Channel left it alone!!

Ooman Chandy is now playing a game of deception.On the face of wrath against his one sided action,he wants to get the Orthodox Church to cool off,so that he can continue his favouritism to PC.Orthodox Church leadership and followers should not walk into the trap.We should keep our battle readiness intact to react to the deception as and when it occurs.

Can Any Community be Above Law?

Implementation of a Court order in relation to Kolanchery St Peters and St Pauls Church is growing to the potential of a law and order problem in the entire state of Kerala. Mafriana Thomas I triggered of the issue by his hunger strike and the Catholicose retaliated.The former declared a hunger strike (deceitfully calling it "Prayerful sit in"(Prarthana Yagnan) for not implementing court order and the later for getting a court decree implemented.Merits and demerits of the core issue on the ownership/custody of the Church has been debated for long
Both sides have explained their points of view before Courts,right up to the Supreme Court.A decision has come from the court.Its execution petitions are being processed.Competent Church Court(ie the court which is designated to deal with Church Cases)have given a decision.Kolanchery Church and its establishments have been handed over to the Orthodox Church.An appeal against the decree is filed by Puthan Cruz Society  which is pending at the High Court.Prayer for a stay on lower court judgment has been rejected by HC.That means the lower court order is in force now.
The Puthen Cruz society(which calls themselves Jacobite Church)now claims the right to worship in the Church quoting rights to worship.Of course nobody can deny them their rights to worship in any manner they deem fit.So long as that is done at a place which is owned or leased or acquired by legal means nobody will stop them.For those who want to worship in Kolanchery Church or its Chapels,they can do so when the lawfully appointed priest calibrate the Sacrament.Or they can pray while the Church is open.They cannot have their terms implemented at somebody else's place.That is a simple logic.
But the important question is can anybody overcome the rule of the law by getting mobs to assemble and whip up their frenzy?Unless the country is run on Mobocrazy and not by democracy,no community can be allowed to prevent court orders.All interested in rule of the law should condemn the attempts to run the country on mobocrazy lines