Kerala High Court Directs CRPF To Take Over Kothamangalam Church If State Fails To Do It By January 8

The Kerala High Court has directed the CRPF to take over the Kothamangalam Marthoman Cheriyapalli Church, which is embroiled in the dispute between Jacobite-Orthodox factions,  if the state could not comply the direction to take control of it on or before 8th January 2021.

The order passed by a bench of Justice PB Suresh Kumar observed that the state cannot be given discretion whether or not to implement court orders and also as to the time within which the orders could be implemented

Father Thomas Paul Ramban, the Vicar appointed by Orthodox faction had obtained a temporary injunction order from the Munsiff Court to the effect that he shall not be prevented from performing religious services in the Kothamangalam Church. The court also ordered police protection to him to ensure compliance of the injunction order. The High Court upheld the order dismissing the petition filed by the Patriarch faction. As he was not allowed to enter the church even thereafter, Vicar moved High Court by filing a writ petition. The Court directed the state government to remove all persons who had been squatting in and outside the Marthoman Cheriyapalli (Church) in Kothamangalam area of Kerala and to take over its precincts and all its movables. Alleging that the state is not complying the High court direction, the Vicar again moved the High Court by filing a contempt petition.

The court said that the directions were issued to the District Administration and there was no reason for the state to intervene in the matter. Further, the court observed that the state is interdicting the administration from implementation of the court order, and it is not giving any commitment before the court.

"The High Court is the highest court in the State. The Constitution confers on the High Court vast powers to ensure that the constitutional guarantee of Justice to all is truly fulfilled. The protection of the rights and liberties of Individuals guaranteed under the Constitution depends on the efficient functioning of the judiciary and respectful and faithful obedience of its commands by the executive.", Justice Suresh Kumar observed.

The court added that mediation proceedings initiated by the state cannot automatically operate as an impediment to continuing judicial proceedings.

"This court is not unaware of the practical difficulties that may be experienced by the State machinery in implementing orders of the instant nature. But, practical difficulties have to give way for the Implementation of the orders for upholding the majesty of the law. The conduct of the respondent in not implementing the directions issued by this Court, In the facts and circumstances of the case, can be viewed only as wilful. Having regard to the peculiar facts, there is absolutely no assurance that the directions issued by this court would be given effect to by the respondent, if further time is granted. ", it added.

Observing thus, the Court ordered as follows:

In the aforesaid facts and circumstances, without prejudice to the further proceedings contemplated against the respondent under the Contempt of Courts Act, I deem It appropriate to direct that If the directions issued by this Court are not complied with on or before 8.1.2021, the DIGP Group Centre, CRPF, Pallipuram shall take over the Church, its precincts and all its movables after removing all persons squatting inside the Church premises and its compound and hold the same under his control, until further orders. Ordered accordingly. The Assistant Solicitor General of India shall communicate this order to the DIGP. Group Centre, CRPF, Pallipuram for compliance.

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